Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In
facilities providing meals to residents, the following shall apply:
(1) The total daily diet for residents shall be of
the quality and in the quantity necessary to meet the needs of the residents and
shall meet the standards set forth in the "Recommended Dietary Allowances", ninth
edition, 1980 adopted by the Food and Nutrition Board of the National Research
Council of the National Academy of Science, hereby incorporated by reference,
adjusted to the age, activity, and environment of the group involved. All food shall
be selected, stored, prepared and served in a safe and healthful manner.
(2) Where all food is provided by the facility,
arrangements shall be made so that each resident has available at least three meals
per day. Not more than fifteen (15) hours shall elapse between the third meal on one
day and first meal of the following day.
(3) Where meal service within a facility is
elective, arrangements shall be made to ensure availability of a daily food intake
meeting the requirement of (a)(1) above for all residents.
(4) Between meal nourishment shall be available
for all residents unless limited by dietary restrictions prescribed by a
physician.
(5) Menus shall be written at
least one (1) 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
residents and the department upon request.
(6) Modified diets shall be provided, if
prescribed by a resident's physician as a medical necessity.
(7) 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.
(8) Liquid
milk shall be pasteurized. Powdered milk shall be mixed only in proportions
specified in instructions on the package.
(9) Except upon written approval by the
department, meat, poultry and meat food products shall be inspected consistent with
applicable state or federal laws. Written evidence of inspection as required by law
shall be available for all products not obtained from commercial markets.
(10) Home canned foods from outside sources shall
not be used. The following shall apply for all foods canned at the facility:
(A) All fruits and vegetables shall be canned in
accordance with the standards identified in "Home Canning of Fruits and Vegetables",
University of California, Division of Agricultural and Natural Resources, Leaflet
Number 21392, dated July 1984, hereby incorporated by reference.
(B) All fish shall be canned or otherwise
preserved in accordance with "Canned and Freezing Fish at Home", University of
California, Division of Agricultural Sciences, Leaflet number 2425, dated June 1981,
hereby incorporated by reference.
(11) If food is prepared off the facility
premises, the following shall apply:
(A) The
preparation source shall meet all applicable requirements for commercial food
services.
(B) The facility shall have
the capability to receive and serve food and to cleanup.
(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) Residents involved in detoxification services
may engage in food preparation provided their involvement does not pose a risk to
their personal safety or the health and safety of other residents.
(14) All foods or beverages capable of supporting
rapid and progressive growth of microorganisms which can infect or intoxicate food
shall be stored in covered containers at 45 degrees Fahrenheit (7.2 degrees Celsius)
or less.
(15) 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.
(16) Soaps, detergents, cleaning
compounds or similar substances shall be stored in areas separate from food
supplies.
(17) All kitchen, food
preparation, and storage areas shall be kept clean, free from litter and rubbish.
Measures shall be taken to keep all such areas free from rodents and other
vermin.
(18) All food shall be protected
against contamination. Contaminated food shall be discarded immediately.
(19) All equipment, fixed or mobile, dishes, and
utensils shall be kept clean, and maintained in good repair.
(20) All dishes and utensils used for eating,
drinking and preparing food shall be cleaned and sanitized after each usage.
(A) Dishwashing machines shall reach a temperature
of 165 degrees Fahrenheit (74 degrees Celsius) during the washing and/or drying
cycle to ensure that dishes and utensils are cleaned and sanitized.
(B) Facilities not using dishwashing machines
shall clean and sanitize dishes and utensils by an alternative comparable
method.
(21) Equipment
necessary for the storage, preparation and service of food shall be provided, and
shall be properly maintained.
(22)
Tableware and tables, dishes, and utensils shall be provided in the quantity
necessary to serve the residents.
(b) The department may require the licensee to
provide written information, including menus, regarding the food 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 subchapter. The department
shall specify in writing the written information required from the licensee.
(1) Menus will not be required for a period more
than thirty (30) days preceding the request made by the
department.
1. New section
filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
39).
5. Readoption of section filed 1-26-87 as an emergency; operative
1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
43).
8. Change without regulatory effect amending NOTE filed 6-15-99
pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 25).
Note: Authority cited: Section
11834.50,
Health and Safety Code. Reference: Sections
11834.01
and
11834.50,
Health and Safety Code.
