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 418-2 - Small Day Care Centers
Section 418-2.12 - 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 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 supplemental food available in the event that no meal is provided by the parent or if the meal provided by the parent is inadequate or of inadequate nutritional value.

(f) Programs changing their meal policy must provide adequate notice to parents.

(g) When 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) When meals are furnished by the program, 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 foods.

(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, milk and infant formula must be kept 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) 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.

(o) 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.

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

(q) If more than one child in the program is receiving breast milk, infant formula or other individualized food items, all containers or bottles must be clearly marked with the child's first and last name.

(r) 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.

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

(t) If foods for older children are heated in a microwave, the food must be stirred and allowed to reach serving temperature before serving to prevent burns from hot spots.

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

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

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

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

(y) Infants six months of age or younger must be held while being bottle-fed. Infants over six months of age 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.

(z) The propping of bottles is prohibited.

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

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

(ac) A staff person or volunteer must not force or bribe a child to eat nor use food as a reward or punishment.

(ad) Fluid milk, 100 percent juice and water, are the only beverages a program may provide to children in the program.

(ae) 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.

(af) When provided by the parent, beverages are not subject to the regulatory beverage standards.

(ag) All children with dietary restrictions based on a child's medical condition or religious beliefs of the family are exempt from the regulatory beverage requirements, when instructed in writing by the parent to the program.

(ah) The program must share information on healthy food and beverage choices and the prevention of childhood obesity with the parent.

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

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