New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.12 - Nutrition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The program
			   must provide sufficient and nutritious snacks to children.
(b) The program must ensure that each child
			   in care for more than four hours a day receives a nutritious meal.
(c) Each child in care for more than ten
			   hours a day must receive a minimum of two nutritious meals.
(d) Food must be prepared and stored in a
			   safe and sanitary manner and served at appropriate intervals.
(e) If the program does not furnish meals,
			   there must be adequate nutritious supplemental food available in the event that
			   no meal is provided by the parent or if the meal provided by the parent is of
			   inadequate nutritional value.
(f)
			   Programs changing their meal policy must provide adequate notice to
			   parents.
(g) Where meals are
			   furnished by the program, food preferences for personal, religious or medical
			   reasons may be accommodated. If resultant meal patterns or serving sizes will
			   not meet the child's nutritional needs, a medical statement must be obtained
			   documenting the appropriateness of the variation.
(h) Where meals are furnished by the child
			   day care center, the servings must be in portions suitable for the size and age
			   of the children in care including infants. There must be a sufficient amount of
			   food available to children to permit second helpings of nutritious
			   food.
(i) Children must be helped
			   to gain independence in feeding themselves and should be encouraged to learn
			   acceptable table manners appropriate to their developmental levels.
(j) Sufficient time, based on age and
			   individual needs, must be allowed for meals so that children will not be
			   hurried.
(k) Perishable food and
			   liquids including but not limited to, milk, breast milk and infant formula must
			   be refrigerated.
(l) Safe drinking
			   water must be available to children at all times and must be offered at
			   intervals that are responsive to the needs of the individual
			   children.
(m) Disposable cups,
			   plates and utensils may be used if discarded after use. Plastic eating utensils
			   may be used if such utensils are not easily broken by young children and are
			   discarded after use. Styrofoam cups may not be used for infants or
			   toddlers.
(n) If foods for older
			   children are heated in a microwave, the food must be stirred and allowed to
			   reach serving temperature before serving them to prevent burns from hot
			   spots.
(o) A staff person or
			   volunteer must not force or bribe a child to eat nor use food as a reward or
			   punishment.
(p) Fluid milk, 100
			   percent juice and/or water, are the only beverages a program may provide to
			   children in care.
(q) When milk is
			   served as a beverage, low-fat or fat-free milk (one percent fat or less) must
			   be served to children two years of age or older.
(r) Programs that provide meals and/or snacks
			   to infants and children must be in compliance with the USDA Child and Adult
			   Food Program (CACFP) meal patterns.
(s) When provided by the parent, meals,
			   snacks and beverages are not subject to the CACFP meal pattern or regulatory
			   beverage standards.
(t) All
			   children with dietary restrictions based on a child's medical condition or
			   religious beliefs of the family are exempt from CACFP meal pattern requirements
			   and/or beverage requirements in regulation when instructed in writing by the
			   parent to the program.
(u) The
			   center must share information on healthy food and beverage choices and the
			   prevention of childhood obesity with the parent.
(v) Four weeks of current meal and snack
			   menus, as applicable, must be reviewed for nutritional content, variety and
			   quality at the time of initial application and once every 24 months by a
			   Federal Child and Adult Care Food Program specialist responsible for reviewing
			   and approving menus, or by a person who has a bachelor's or master's degree
			   with a major in food and institutional management or a closely related field
			   and who has completed a dietician internship or has been certified as a
			   registered dietician or has an equivalent State certification.
(w) The program must obtain a written
			   statement from the parent of each infant in care setting forth the breast milk,
			   formula and feeding schedule instructions for the infant and must be updated as
			   changes are made.
(x) Where infant
			   formula is required, such formula may be prepared and provided by the parent,
			   or by a qualified, designated staff person when agreed to in writing by the
			   parent.
(y) The program must
			   develop a plan for introducing age appropriate solid foods in consultation with
			   the parent.
(z) All containers or
			   bottles of, breast milk, formula or other individualized food items must be
			   clearly marked with the child's complete name.
(aa) Unused portions of bottles or containers
			   from which children have been spoon-fed must be discarded after each feeding or
			   placed in a securely tied plastic bag and returned to the parent at the end of
			   the day.
(ab) Heating, breast milk,
			   formula and other food items for infants in a microwave oven is
			   prohibited.
(ac) All devices used
			   to warm breast milk, formula or food for infants must be kept at a low
			   temperature not exceeding 120°.
(ad) Staff and volunteers must not hold an
			   infant while removing a bottle or infant food from the crock pot or other
			   warming device.
(ae) All devices
			   used for warming bottles or food must be kept out of reach of
			   children.
(af) Every effort must be
			   made to accommodate the needs of a child who is being breast-fed.
(ag) Infants six months of age or younger
			   must be held while being bottle-fed. Infants older than six months must be held
			   while being bottle fed until the infant consistently demonstrates the
			   capability of holding the bottle and ingesting an adequate portion of the
			   contents thereof.
(ah) The propping
			   of bottles is prohibited.
(ai) Each
			   infant and toddler must be removed from the crib, playpen or cot and held or
			   placed in an appropriate chair for feeding.
(aj) Children may not be placed in the crib
			   with a bottle, food or drink.
(ak)
			   Current menus for each week must be posted in a place readily accessible to
			   parents and the office.
(al) Food
			   service and storage, including refrigeration of milk and other perishable foods
			   or formula, must comply with the requirements of Part 14 of the State Sanitary
			   code.
(am) Individual children's
			   food allergies must be posted in a discreet location visible only to
			   staff.
(an) Staff must take steps
			   to prevent a child's exposure to the foods to which the child is
			   allergic.