N.Y. Comp. Codes R. & Regs. tit. 18 § 491.17

Current through Register Vol. 46, No. 45, November 2, 2024

Section 491.17 - Food service

(a) The operator of a shelter for adults, a small-capacity shelter, or a shelter for adult families shall make provision to ensure that residents can conveniently obtain meals which are balanced, nutritious and adequate in amount and content to meet their dietary needs.

(b) Meal service may be provided at the facility, or outside the facility, whether directly or through contractual arrangements, or in restaurants through the use of restaurant allowances or voucher arrangements.

(c) At a minimum, residents of shelters for adults, small-capacity shelters, or shelters for adult families shall be provided with the opportunity to obtain breakfast and evening meals at regularly scheduled times, and no more than 15 hours shall elapse between the times at which the evening meal and breakfast the next morning shall be made available.

(d)On-site meal preparation.

(1) In shelters that prepare meals for residents, food-buying and menu-planning arrangements must be overseen by a staff member, consulting dietician, or volunteer sufficiently knowledgeable in nutrition and dietetics to ensure the planning of well-balanced meals and the purchase, storage and preparation of good quality food.

(2) Menus shall be planned at least 10 days in advance.

(3) Menus must be maintained for at least two weeks and shall be available for office review.

(4) Shelters that prepare meals for residents shall have kitchens or food preparation and service facilities.

(5) Food preparation, service and storage methods shall protect against contamination and spoilage.

(6) All kitchens or food preparation areas shall be adequately lighted, ventilated, and provided with essential and proper equipment for food storage, refrigeration, freezing, preparation and serving, for the number of residents to be served.

(7) The food service area shall be provided with sufficient and suitable space and equipment to maintain efficient and sanitary operation of all required functions.

(8) All kitchen equipment and surroundings shall be kept clean, and garbage and trash shall be kept in suitably covered containers and removed regularly.

(9) The operator of every shelter for adults, small-capacity shelter, or shelter for adult families shall comply with applicable county or local health and fire regulations, codes and ordinances.

(10) The operator of any facility with 40 or more residents shall comply with the New York State Sanitary Code (10 NYCRR, Part 14).

(11) In the event that a facility has been inspected by the State or local health authorities, a record of such inspection shall be kept on file at the facility for review by the office.

(e)Off-site meal preparation.

Off-site food preparation may be permitted consistent with an operational plan approved by the office provided that the operator establishes that the facility at which the meals are prepared complies fully with Part 14 of the New York State Sanitary Code (10 NYCRR, Part 14) and that meals meet the nutritional needs of the residents.

(f)Contracted food services are allowable.

Meals may be purchased from a vendor that complies fully with Part 14 of the New York State Sanitary Code (10 NYCRR, Part 14), consistent with an operational plan approved by the office, provided that such meals meet the nutritional needs of the residents.

(g) Special medically-prescribed dietary or nutritional needs, and any religious dietary restrictions, must be accommodated regardless of the food-buying and meal-preparation arrangements of the facility.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.17

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020