Cal. Code Regs. Tit. 22, § 82076 - Food Service

(a) In day programs providing meals to clients, the following shall apply:

(1) All food shall be selected, stored, prepared and served in a safe and healthful manner. All meals shall be of the quality and in the quantity necessary to meet the needs of the clients, and the requirements recommended by the U.S. Department of Agriculture, as specified in Title 7, Code of Federal Regulations, Section 226.20(c).

(2) Where meal service within a day program is elective, arrangements shall be made to ensure availability of a daily food intake meeting the requirement of Section 82076(a)(1) for all clients who, in their admission agreement, elect meal service.

(3) Between meal nourishment or snacks shall be available for all clients unless limited by dietary restrictions prescribed by a physician.

(4) Menus shall be written at least one week in advance and copies of the menus as served shall be dated and kept on file for at least 30 days. Menus shall be made available for review by the clients or their authorized representatives and the licensing agency upon request.

(5) Modified diets prescribed by a client's physician as a medical necessity shall be provided.

(A) The licensee shall obtain and follow instructions from the physician or dietitian on the preparation of the modified diet.

(6) Commercial foods shall be approved by appropriate federal, state and local authorities. All foods shall be selected, transported, stored, prepared and served so as to be free from contamination and spoilage and shall be fit for human consumption. Food in damaged containers shall not be accepted, used or retained.

(7) Where indicated, food shall be cut, chopped or ground to meet individual needs.

(8) Powdered milk shall not be used as a beverage, but shall be allowed in cooking and baking. Milk given to clients shall be pasteurized.

(9) Except upon written approval by the licensing agency, meat, poultry and meat food products shall be inspected by state or federal authorities. Written evidence of such inspection shall be available for all products not obtained from commercial markets.

(10) Home canned foods shall not be used.

(11) If food is prepared off the day program premises, the following shall apply:

(A) The preparation source shall meet all applicable requirements for commercial food services.

(B) The day program shall have the equipment and staff necessary to receive and serve the food and for cleanup.

(C) The day program shall maintain the equipment necessary for in-house preparation, or have an alternate source for food preparation, and service of food in emergencies.

(12) All persons engaged in food preparation and service shall observe personal hygiene and food services sanitation practices which protect the food from contamination.

(13) All foods or beverages capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxications shall be stored in covered containers at 45 degrees F (7.2 degrees C) or less.

(14) Pesticides and other similar toxic substances shall not be stored in food storerooms, kitchen areas, food preparation areas, or areas where kitchen equipment or utensils are stored.

(15) Soaps, detergents, cleaning compounds or similar substances shall be stored in areas separate from food supplies.

(16) All kitchen, food preparation, and storage areas shall be kept clean, free of litter and rubbish, and measures shall be taken to keep all such areas free of rodents, and other vermin.

(17) All food shall be protected against contamination. Contaminated food shall be discarded immediately.

(18) All equipment, fixed or mobile, dishes, and utensils shall be kept clean and maintained in safe condition.

(19) All dishes and utensils used for eating and drinking and in the preparation of food and drink, shall be cleaned and sanitized after each usage.

(A) Dishwashing machines shall reach a temperature of 165 degrees F (74 degrees C) during the washing and/or drying cycle to ensure that dishes and utensils are cleaned and sanitized.

(B) Day programs not using dishwashing machines shall clean and sanitize dishes and utensils by an alternative comparable method.

(20) Equipment necessary for the storage, preparation and service of food shall be provided, and shall be well-maintained.

(21) Tableware and tables, dishes, and utensils shall be provided in the quantity necessary to serve the clients.

(22) Adaptive devices shall be provided for self-help in eating as needed by clients.

(b) The licensing agency shall have the authority to require the licensee to provide written information, including menus, regarding the food purchased and used over a given period when it is necessary to determine if the licensee is in compliance with the food service requirements in the regulations in this Division.

(1) The licensing agency shall specify in writing the written information required from the licensee.

(c) A client in care for less than eight hours shall be provided meals and snacks so that no more than three and a half hours elapses between food service.

(d) A client in care for a period of eight hours or longer, shall be provided a midmorning snack, lunch and a midafternoon snack.

(e) A licensee who accepts a client at 7:00 a.m. or earlier shall include a provision in the admission agreement of that client, stating whether or not breakfast will be provided by the day program.

(f) Clients shall be permitted to bring their own food to the day program.

(1) If the client brings all or part of his/her own food to the day program, the licensee shall ensure that the food service requirements specified in Sections 82076(c) and (d) are met.

Notes

Cal. Code Regs. Tit. 22, § 82076

1. Amendment of subsection (d) filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
2. Amendment of section and NOTE filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.

1. Amendment of subsection (d) filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
2. Amendment of section and Note filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).