§ 47.61 Food and Food Safety.
RCNY § 47.61
(a)Food shall be stored, served to, and prepared for children in accordance with 24 RCNY Health Code Article 81, except that no additional permit to operate a food service establishment shall be required. The permittee shall designate as a supervisor of food service operations a person who has a certificate in food protection issued, pursuant to 24 RCNY Health Code § 81.15(a)(1) or (2), or successor rule. Such person shall be on premises to supervise all food storage, preparation, cooking, holding, and cleaning activities, whenever such activities are in progress.
(b)Food supplied to children shall be wholesome, of good quality, properly prepared in accordance with nutritional guidelines provided or approved by the Department, age-appropriate in portion size and variety, and served at regular hours at appropriate intervals.
(1)Beverages with added sweeteners, whether artificial or natural, shall not be provided to children.
(2)Juice shall only be provided to children over two years of age, and only 100% juice shall be permitted. Children shall receive no more than four ounces of 100% juice per day.
(3)When milk is provided, children ages two and older shall only be served milk with 1% or less milk-fat unless milk with a higher fat content is medically required for an individual child, as documented by the child's medical provider.
(4)Water shall be made available and shall be easily accessible to children throughout the day, including at all meals. Potable drinking water supplies shall be located in or near classrooms and playrooms. Except when bubbler fountains are used, individual disposable drinking cups shall be provided within reach of children. If bubbler fountains are used, they shall be of the angle jet type with suitable guards and shall have water pressure sufficient to raise the water high enough above the spout to avoid contamination.
(5)Any special diet shall be provided only in accordance with a note from a physician, except that such diet may be provided without a physician's note for up to 90 days after admission for children who are homeless, as defined by section 11434a of chapter 119 of title 42 of the United States code, or in foster care.
(6)The provisions of this subdivision shall not apply to programs operated by a religious organization in instances where religious dietary requirements would be inconsistent with such provisions.
(c)When parents or other responsible persons provide meals, such foods shall be properly refrigerated and the operator shall provide such persons with age-appropriate nutritional guidelines approved or provided by the Department.
(d)Milk shall be stored at a temperature below 41 degrees Fahrenheit, may not be kept beyond its expiration date, and may not be dispensed or served by children except under adequate supervision.
(e)Dry food shall be stored in insect and rodent-proof containers.
(f)All utensils, dishes and other materials used in association with food shall be properly cleaned and sanitized as required by the Department or disposed of after each use.
(g)Feeding bottles shall be marked with the child's full name and date of preparation.
(h)Unused portions of formula milk and/or baby food shall be discarded after each feeding or meal.
(i)Bottles shall not be propped or kept by children while sleeping.
(j)Unless the program has a pending waiver application or has been issued a waiver, there must be no single use food service articles consisting of expanded polystyrene, such as foam containers, cups or plates, in the child care facility.
(k)The food service at a night child care program shall be provided as follows: (1) Evening meals shall be served at the same time daily.
