North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter A - SANITATION › Section .2800 - SANITATION OF CHILD CARE CENTERS › Section 18A .2804 - FOOD SUPPLIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In child care
				  centers, food shall be kept free from spoilage, filth, or other contamination
				  and shall be safe for human consumption. Potentially hazardous foods, including
				  foods packaged in hermetically sealed containers, shall be obtained only from
				  sources that are permitted or inspected by a local health department, the North
				  Carolina Department of Agriculture and Consumer Services, or other government
				  agency. The use of food packaged in hermetically sealed containers that was not
				  prepared in a commercial food processing establishment is prohibited. Food
				  prepared at home and sent to a child care center to be shared with other
				  children shall be limited to baked goods that are not potentially hazardous
				  foods.
(b) Milk products that are
				  used shall be Grade "A" milk and milk products, as set forth in Section 1 of
				  the 2017 Grade "A" Pasteurized Milk Ordinance, including subsequent amendments
				  and editions, established by the U.S. Department of Health and Human Services,
				  Food and Drug Administration, which is hereby incorporated by reference and
				  available free of charge at
https://www.fda.gov/media/114169/download
,
				  in fluid form or evaporated milk. Unless prescribed by a health care provider,
				  dry milk and dry milk products shall be used only for cooking purposes,
				  including cooked pudding desserts and flavored hot beverages.
(c) Steamed and uncooked shellfish, raw eggs,
				  and products containing raw eggs including raw cookie dough, cake batter,
				  brownie mix, milkshakes, and ice cream shall not be consumed by children. This
				  requirement shall not apply when a pasteurized egg product is used as a
				  substitute for raw eggs.
(d) All
				  human milk, formula, and other bottled beverages, including beverages in sippy
				  cups, that are sent from home shall be fully prepared and labeled with the date
				  received at the child care center and the name of the child to whom the milk,
				  formula, or beverage belongs before being brought to the child care center. All
				  human milk, formula, and other bottled beverages shall be sent home with the
				  child whose name is on the label or discarded at the end of each day. Formula
				  and other beverages that require refrigeration, baby food that has been opened,
				  and human milk shall be labeled with the name of the child to whom the
				  beverage, baby food, or milk belongs and shall be refrigerated at 45 degrees
				  Fahrenheit or below.
(e) Frozen
				  human milk may be stored frozen for three months. Any frozen human milk stored
				  beyond seven days shall be stored in the freezer compartment of a full-size
				  refrigerator that has a separate door to the freezer, in a chest freezer, or in
				  an upright deep freezer. Frozen human milk shall be thawed in accordance with
				  of Rule .2807(i)(1) or (i)(2) of this Section and prepared in the child care
				  center's kitchen or food preparation area. In addition to the labeling required
				  by Paragraph (d) of this Rule, frozen human milk shall be labeled with the date
				  that it is thawed for use. Human milk that was previously frozen and has been
				  thawed shall be refrigerated and stored for no more than 24 hours from when it
				  was thawed. Human milk that was previously frozen and has been thawed shall not
				  be refrozen for storage at the child care center.
(f) Formula provided by the child care center
				  shall be commercial ready-to-feed formula that is pre-packaged in single-use
				  containers. Formula that does not meet these requirements and human milk may be
				  provided to a child by child care center employees as prescribed by the child's
				  health care provider or as instructed, in writing, by the child's parent or
				  guardian. Bottles and other drinking utensils provided by the child care center
				  shall be sanitized in accordance with this Section.
(g) After opening, jars of baby food shall be
				  covered, labeled with the date on which they were opened, refrigerated and used
				  within two days of opening, provided that the baby food is not served directly
				  from the jar. Baby food may be served directly from the jar to one child if
				  unused portions of the food are discarded after each feeding; otherwise,
				  commercially prepared baby foods shall be served from a serving dish rather
				  than the food jar.
(h) After the
				  completion of each feeding, any leftover formula, human milk, or other bottled
				  beverages used during the feeding shall be discarded or sent home with the
				  child whose name is on the label for the formula, human milk, or bottled
				  beverage at the end of each day. Feeding is complete when the child care center
				  employee has stopped feeding the child and the child has been removed from the
				  feeding area in the child care center and returned to other activities. Bottles
				  previously used for feeding shall not be returned to communal mechanical
				  refrigeration. Nothing in these Rules shall prohibit human milk from being sent
				  home at the end of the day with the child whose name is on the label for the
				  human milk instead of being discarded when the child's parent or guardian has
				  given the child care center written permission to send the human milk
				  home.
(i) A water bottle that a
				  child brings to the child care center from home and that is used only for water
				  consumption by that child shall be exempt from the requirements of Paragraph
				  (h) of this Rule. Instead, the water bottle shall be labeled with the name of
				  the child to whom the water bottle belongs, individually stored in the child's
				  cubby, and sent home with the child at the end of the day.
(j) Child care centers that receive and
				  provide children with prepared meals or snacks from sources outside the child
				  care centers, other than meals or snacks sent from home, shall use meals and
				  snacks obtained from food establishments that are permitted by a local health
				  department, organizations that only serve prepared meals to child care centers,
				  or another child care center inspected by a local health department. Child care
				  centers may also receive and provide children with prepared meals from
				  organizations not licensed as child care centers only when these organizations
				  are providing prepared meals to licensed child care centers and are inspected
				  in the county where the meal is prepared in accordance with
				  G.S.
				  110-91(1). The inspection of
				  these organizations shall be made by the local health department at the same
				  time the inspection of the licensed child care center receiving these prepared
				  meals is done. The inspection report of the organization providing these meals
				  shall be a part of the inspection of the licensed child care center receiving
				  the prepared meals, unless the organization is a permitted food handling
				  establishment. Food shall be transported to the child care center that is
				  receiving the prepared meals in a manner that meets the requirements of the
				  Rules of this Section relating to hazards, food protection, and
				  storage.
(k) Lunches, snacks, and
				  other meals that a child brings from home to the child care center shall be
				  labeled with the date on which the food is brought to the child care center and
				  the name of the child to whom the food belongs at the child's home and shall be
				  returned to the child's home or discarded at the end of each day. Lunches,
				  snacks, and other meals containing potentially hazardous foods shall be
				  refrigerated at 45 degrees Fahrenheit or below and stored in the child care
				  center kitchen or approved food preparation area. Hot foods that a child brings
				  from home to the child care center in double-walled, insulated thermos
				  containers may be stored outside of refrigeration at the child care center with
				  the written permission of the child's parent or guardian.
(l) Nothing in the Rules of this Section
				  shall prohibit the use of fresh fruits and vegetables, including those grown at
				  the child care center, so long as the fruits and vegetables meet the
				  requirements of the rules of this Section and are washed before being
				  served.
Authority
					 G.S.
					 110-91;
Eff. July 1,
					 1991;
Amended Eff. February 1, 1995; January 1, 1992;
Temporary Amendment Eff. April 15, 1998;
Amended Eff. July 1, 2006;
					 January 1, 2006; April 1, 1999.