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 418-2 - Small Day Care Centers › Section 418-2.12 - 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 10 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 supplemental food available in the event that no meal is
			   provided by the parent or if the meal provided by the parent is inadequate or
			   of inadequate nutritional value.
(f) Programs changing their meal policy must
			   provide adequate notice to parents.
(g) When 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) When meals are furnished by the program,
			   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 foods.
(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, milk
			   and infant formula must be kept 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) 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.
(o)
			   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.
(p) The
			   program must develop a plan for introducing age-appropriate solid foods in
			   consultation with the parent.
(q)
			   If more than one child in the program is receiving breast milk, infant formula
			   or other individualized food items, all containers or bottles must be clearly
			   marked with the child's first and last name.
(r) 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.
(s) Heating infant
			   formula, breast milk and other food items for infants in a microwave oven is
			   prohibited.
(t) If foods for older
			   children are heated in a microwave, the food must be stirred and allowed to
			   reach serving temperature before serving to prevent burns from hot
			   spots.
(u) All devices used to warm
			   breast milk, formula or food for infants, must be kept at a low temperature not
			   exceeding 120°.
(v) Staff and
			   volunteer must not hold an infant while removing a bottle or infant food from a
			   crock pot or other warming device.
(w) All devices used for warming bottles or
			   food must be kept out of reach of children.
(x) Every effort must be made to accommodate
			   the needs of a child who is being breast-fed.
(y) Infants six months of age or younger must
			   be held while being bottle-fed. Infants over six months of age 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.
(z) The propping
			   of bottles is prohibited.
(aa) Each
			   infant and toddler must be removed from the crib, playpen or cot and held or
			   placed in an appropriate chair for feeding.
(ab) Children may not be placed in a crib
			   with a bottle, food or drink.
(ac)
			   A staff person or volunteer must not force or bribe a child to eat nor use food
			   as a reward or punishment.
(ad)
			   Fluid milk, 100 percent juice and water, are the only beverages a program may
			   provide to children in the program.
(ae) 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.
(af)
			   When provided by the parent, beverages are not subject to the regulatory
			   beverage standards.
(ag) All
			   children with dietary restrictions based on a child's medical condition or
			   religious beliefs of the family are exempt from the regulatory beverage
			   requirements, when instructed in writing by the parent to the
			   program.
(ah) The program must
			   share information on healthy food and beverage choices and the prevention of
			   childhood obesity with the parent.
(ai) Individual children's food allergies
			   must be posted in a discreet location visible only to caregivers.
(aj) Caregivers must take steps to prevent a
			   child's exposure to the foods to which the child is allergic.