Tenn. Comp. R. & Regs. 1240-04-01-.13

Current through December 10, 2024

Section 1240-04-01-.13 - FOOD AND FOOD SERVICE

(1) Meal and Snack Time Procedures.

(a) Staff shall wash their hands with soap and water before and after preparing and serving meals and snacks. Children shall wash their hands with soap and water before and after meals, snacks, and bottle feeding.

(b) An educator shall be present near the table or high chair where a child is eating. Educators shall not be engaged in any activities unrelated to mealtime while children are eating.

(c) Children shall be seated at appropriately sized tables and chairs while eating.

(d) Educators shall engage children in developmentally appropriate conversation to include nutrition and healthy eating choices.

(e) Child care agencies shall work to teach children appropriate portion sizes by serving meals and snacks using plates, bowls, and cups that are developmentally suited to their nutritional needs.

(f) An infant shall be held while drinking from a bottle if the infant is too young to use a high chair.

(g) Educators shall ensure that infants have completed feeding and swallowed all milk/formula before being laid down for a nap.

(h) Children shall be restrained using the manufacturer's safety restraint while sitting in a high chair or similar seating device.

(i) Bottles may be served from the refrigerator without warming.

(j) If desired, bottles may be warmed:

1. Under running warm tap water; or

2. In a container of warm water no warmer than one hundred twenty degrees Fahrenheit (120°F) for no more than five minutes.

(k) Bottles shall not be propped, and a child shall not be given a bottle while lying flat.

(l) Children shall not be permitted to carry a bottle with them throughout the day.

(m) Children shall not have food or drink while in beds, cots, cribs or on mats.

(n) Prevention of Injuries by Bottle Warmers, Crock Pots and Microwaves:

1. Crock pots are prohibited for use as bottle warmers;

2. Crock pots shall be kept in the kitchen area for cooking meals and shall be inaccessible to children;

3. Microwave ovens and their immediate surrounding area, including cords, shall not be accessible to infants, toddlers, or pre-school children;

4. To prevent scalding, liquid and solid foods heated in a microwave shall be stirred and carefully checked for "hot spots" prior to serving;

5. School-age children shall use microwaves only under direct supervision;

6. Breast milk and formula shall not be heated in a microwave oven; and

7. All heated bottles shall be checked for safe temperatures before serving.

(2) Choking Prevention.

(a) Solid foods (including cereal) shall not be given to children with normal eating abilities in bottles or infant feeders unless written authorization from a physician is on file.

(b) It is the responsibility of the supervising educator to ensure that food is not accessible or served until it has been chopped, diced, cut or mashed and is appropriate for each child's age, and individual eating, chewing and swallowing ability.

(c) Food shall not be given to a child until the supervising educator is able to provide focused attention to the child.

(d) Educators shall check that no food is left in the mouth of an infant/toddler before putting the infant/toddler down to sleep.

(e) The supervising educator is prohibited from performing other classroom duties unrelated to food service during mealtime.

(f) Children shall not be permitted to wear teething necklaces, pacifiers, or any item around their neck or attached to their clothing that are potentially hazardous and associated with choking.

(3) Food Preparation.

(a) Powdered milk shall not be substituted for fluid milk, formula, or breast milk.

(b) Formulas shall be used as directed on the container or as directed in writing by a physician.

(c) Once milk, formula, or breast milk has been warmed, it shall not be re-warmed or returned to the refrigerator.

(d) Breast milk and formula remaining in bottles after a feeding shall be disposed of in accordance with the timeframes recommended by the Centers for Disease Control and Prevention.

(e) Frozen breast milk shall be labeled with the date it was expressed and the name of the child.

(f) Food, formula, milk, or breast milk brought from home shall be:

1. Labeled with the child's name;

2. Labeled with the date the item(s) were received; and

3. Shall be refrigerated immediately, if applicable.

(g) Previously opened baby food jars shall not be accepted in the child care agency.

(h) If food is fed directly from the jar by the educator, the jar shall be used for only one feeding and discarded.

(4) Nutrition.

(a) If the child care agency provides food, it shall be in accordance with the USDA's Child and Adult Care Food Program (CACFP) nutritional guidelines.

(b) No sugar sweetened beverages shall be served to children at any time by the child care agency.

(c) Whether provided by the parent or the child care agency, the following meals/snacks shall at a minimum be offered to children based on their hours of attendance:

1. Breakfast or morning snack;

2. Lunch;

3. Afternoon snack;

4. A child in care for ten (10) hours or more shall be offered an additional snack or meal;

5. Breakfast shall be provided to children who arrive before 7:00 a.m. and have not had breakfast at home unless they are school-age children at the facility for before care; and

6. Extended Care: For a child who is in care for extended or nighttime hours, meals and snacks will be offered in accordance with the child's hunger and the hours of attendance.

(5) Food Service.

(a) A child shall not be forced to eat.

(b) Food shall not be withheld from a child.

(c) Children shall be given adequate time to eat.

(d) Food shall not be used as a reward. This does not prohibit special events such as a holiday celebration or a birthday party.

(e) Food Allergies.

1. Information about individual children's food allergies shall be posted prominently, both where food is prepared and where food is served.

2. For a child with life-threatening allergies, a written plan of action endorsed by the child's pediatrician or licensed medical provider shall be posted where the educator has immediate access.

3. Any child's food allergies and the accommodations and precautions in place to address food allergies shall be prominently noted.

4. Outline child care agency procedures that reduce cross-contamination of allergenic foods and other inadvertent exposure to allergens for any child with food allergies.

(f) A weekly menu that includes all snacks and foods served shall be posted and followed.

(g) Meal and snack substitutions shall be noted on the menu in advance.

(h) The feeding schedule for an infant shall be in accordance with the child's need.

(i) When caring for nursing children, the child care agency shall make accommodations that support and facilitate a family's decision to continue breast feeding.

(6) High Chairs and Tables.

(a) When children are capable of using a high chair, they shall be allowed to do so and to experiment with food, with feeding themselves, and shall be allowed to eat with fingers or a spoon.

(b) High chairs and tables on which food is prepared and served shall be washed with soap and water and sanitized directly prior to and after snacks and meals.

(c) Floors under tables and high chairs on which food is served shall be swept and/or vacuumed after each meal and cleaned as needed.

(7) Dishes and Utensils.

(a) Napkins and individual break-resistant utensils, glasses/cups and appropriate dishware shall be provided for children who eat independently.

(8) Food Storage.

(a) Foods requiring refrigeration or cold storage shall be maintained at forty degrees Fahrenheit (40°F) or below.

(b) Foods requiring hot storage shall be maintained at an internal temperature of one hundred forty degrees Fahrenheit (140°F) or above.

(c) Frozen foods shall be maintained at a temperature of zero degrees Fahrenheit (0°F) or below.

(d) Thermometers shall be placed in all refrigerators, freezers and all other cold storage equipment.

(e) No poisonous or toxic materials, except those required for sanitization purposes, may be used or stored in a food-service area of a facility.

(9) Food Sanitation.

(a) All food shall be protected from contamination during storage, preparation, transportation, and serving.

(b) The child care agency shall not serve home-preserved food or raw milk to children in care.

(c) Raw fruits and vegetables prepared on-site shall be washed before use.

(d) Milk and food shall not be placed on the table longer than fifteen (15) minutes prior to the beginning of the meal to avoid contamination and spoilage.

(e) All re-useable utensils, cups, and dishware shall be made from nontoxic materials.

(f) All re-useable utensils, cups, and dishware shall be thoroughly cleaned and sanitized after each use.

(g) Single-service articles shall be made from nontoxic materials and shall be stored, handled, and dispensed in a sanitary manner.

(h) All utensils and food-contact surfaces or equipment used in the preparation, transportation, service, display, or storage of food shall be thoroughly cleaned and sanitized prior to and after each use.

Tenn. Comp. R. & Regs. 1240-04-01-.13

Original rules filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.

Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(a)(12); and 71-3-501, et seq.