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 414 - School-age Child Care
Section 414.12 - Nutrition

(a) The school-age child care program must provide plentiful and nutritious snacks to children.

(b) When a program operates during school holidays and/or school vacations, 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 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 school age child care program, the servings must be in portions suitable for the size and age of the children. There must be a sufficient amount of food available to children to permit second helpings of nutritious food.

(i) Children must 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 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 and plates and plastic eating utensils may be used if discarded after use.

(n) If foods for 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 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.

(r) Programs that provide meals and/or snacks to 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 program 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) Individual children's food allergies must be posted in a discreet location visible only to staff.

(x) Staff must take steps to prevent a child's exposure to the foods to which the child is allergic.