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 418-1 - Child Day Care Centers
Section 418-1.12 - Nutrition

(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 ten 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 child day care center, 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 food.

(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 and liquids including but not limited to, milk, breast milk and infant formula 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, 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) If foods for older 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 or volunteer 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 to children two years of age or older.

(r) Programs that provide meals and/or snacks to infants and 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 center 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) 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.

(x) 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.

(y) The program must develop a plan for introducing age appropriate solid foods in consultation with the parent.

(z) All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child's complete name.

(aa) 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.

(ab) Heating, breast milk, formula and other food items for infants in a microwave oven is prohibited.

(ac) All devices used to warm breast milk, formula or food for infants must be kept at a low temperature not exceeding 120°.

(ad) Staff and volunteers must not hold an infant while removing a bottle or infant food from the crock pot or other warming device.

(ae) All devices used for warming bottles or food must be kept out of reach of children.

(af) Every effort must be made to accommodate the needs of a child who is being breast-fed.

(ag) Infants six months of age or younger must be held while being bottle-fed. Infants older than six months 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.

(ah) The propping of bottles is prohibited.

(ai) Each infant and toddler must be removed from the crib, playpen or cot and held or placed in an appropriate chair for feeding.

(aj) Children may not be placed in the crib with a bottle, food or drink.

(ak) Current menus for each week must be posted in a place readily accessible to parents and the office.

(al) Food service and storage, including refrigeration of milk and other perishable foods or formula, must comply with the requirements of Part 14 of the State Sanitary code.

(am) Individual children's food allergies must be posted in a discreet location visible only to staff.

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