Or. Admin. Code § 414-360-1100

Current through Register Vol. 64, No. 1, January 1, 2025

Section 414-360-1100 - [Effective 7/1/2025] Food and Food Service

(1) A provider must ensure that all food and beverages are selected, stored, prepared and served in a sanitary manner.

(2) Children must not be in the kitchen or food preparation areas when foods are being prepared unless a caregiver is present and children are protected from hazards such as hot foods, sharp utensils, etc.

(3) A provider must ensure that all equipment and utensils used for food service, such as counters, shelves, tables, refrigerators, sinks, drain boards, cutting boards are:

(a) Maintained in a clean and sanitary condition; and

(b) Durable and in good repair.

(4) The cleaning and sanitizing of tableware and kitchenware must be accomplished by:

(a) A dishwasher that is operated according to manufacturer's instructions; or

(b) A three-step manual process as follows:

(A) Washing in the first compartment with soap and water;

(B) Rinsing in the second compartment with clean water; and

(C) Sanitizing in a third compartment large enough to fully immerse the largest equipment and utensils. Submerge all tableware and kitchenware as long as required under the manufacturer's instructions.

(5) A provider must provide accurate thermometers designed to measure cold storage temperature in refrigerators and freezers. These thermometers must be clearly visible and easy to read. Refrigerators must maintain a temperature of 41°F or below, and freezers must maintain a temperature of 0°F or below.

(6) Single service items such as paper plates, cups and napkins, and plastic utensils may be used only once and must be discarded after use.

(7) A provider's food service must include the following:

(a) Children in care for more than 3 ½ consecutive hours must be served a meal or snack every 3 ½ hours;

(b) Children arriving after school are served a snack;

(c) Children scheduled to attend prior to 7:00 a.m. or after 6:30 p.m. are offered breakfast or dinner; and

(d) If applicable, children in night care are provided meals and snacks in accordance with OAR 414-360-1500, Night Care).

(8) A provider must provide an eating environment that supports safe and sanitary eating and allows socialization to occur.

(9) If a provider serves family style meals, where food is brought to the table in larger quantities and served to the plates from the table, the certified family child care must have a written plan, approved by CCLD and available for review by the environmental health specialist, which includes at least the following elements:

(a) Separate serving portions for each table;

(b) Serving utensils distinct from eating utensils;

(c) Caregiver oversight to ensure sanitary practices; and

(d) Provision for serving mildly ill children to prevent the spread of the illness.

(10) A provider may serve a child food provided by the parent of the child only when:

(a) Food is brought on a daily basis and is ready to eat, requiring no preparation;

(b) All food and beverage containers are labeled with the child's name;

(c) Each child's food is monitored daily by a staff member to ensure that the food meets nutritional requirements as specified in OAR 414-360-1100(12); and

(d) There must be sufficient food available to supplement any meal or snack that does not meet nutritional requirements as specified in OAR 414-360-1100(12).

(11) Meals and snacks for children must be:

(a) Prepared on site;

(b) Obtained from an approved source as specified in OAR 333-150-0000; or

(c) Provided by parents.

(12) A provider must ensure that all meals, snacks and beverages follow the current USDA Child and Adult Care Food Program (USDA-CACFP) meal pattern requirements, including portion sizes.

(13) A provider must develop weekly or monthly written menus that show all foods to be served during that period and make the menus available to parents.

(a) Substitutions that meet nutritional requirements are permitted but must be recorded and made available to parents.

(b) Menus may be rotated if there is a record of which menu was used for each date.

(14) A provider must select and serve food that is safe and has nutritional value.

(a) Foods of minimal nutritional value, such as gelatin or desserts, may only be served occasionally and cannot replace nutritious foods.

(b) A provider must serve beverages consisting only of water, milk or nutritionally equivalent milk substitute, and fruit or vegetable juice.

(A) Fruit and vegetable juice must be pasteurized 100 percent juice.

(B) Milk must be Grade A pasteurized and fortified milk.

(C) Pasteurized powdered milk and evaporated milk must only be used in cooking.

(D) A parent may request that their child not be served milk. A provider must obtain written parental permission to not serve milk to a specific child. This must be at the parent's request, on a case-by-case basis, and not a program-wide policy.

(c) A provider must not serve foods that are associated with young children's choking incidents to children under 3 years of age including, but not limited to: hot dog slices, raw carrots, whole grapes, hard candy, gum, nuts, peanuts, popcorn, rice cakes, chips, gel candies, and marshmallows. Children older than 3 years of age may be served these food provided that the foods are cut in such a way as to minimize choking hazards.

(d) Nutrient concentrates and supplements (protein powders, liquid proteins, vitamins, minerals, and other nonfood substances) must not be served to a child without a written statement of parental consent and written instructions from a medical practitioner.

(e) Special diets, not including vegetarian diets, may only be served to a child with written instructions from a registered dietician or medical practitioner and written parental consent.

(15) Drinking water must be freely available to child care children.

Or. Admin. Code § 414-360-1100

DELC 138-2024, adopt filed 12/11/2024, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280