Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-04 - Standards for Regulated Institutions
Chapter 1240-04-01 - Licensure Rules for Child Care Agencies
Section 1240-04-01-.13 - FOOD AND FOOD SERVICE
Universal Citation: TN Comp Rules and Regs 1240-04-01-.13
Current through September 24, 2024
(1) Meal and Snack Time Procedures.
(a) Staff shall wash their
hands with soap and water before and after preparing and serving meals and
snacks. Children shall wash their hands with soap and water before and after
meals, snacks, and bottle feeding.
(b) An educator shall be present near the
table or high chair where a child is eating. Educators shall not be engaged in
any activities unrelated to mealtime while children are eating.
(c) Children shall be seated at appropriately
sized tables and chairs while eating.
(d) Educators shall engage children in
developmentally appropriate conversation to include nutrition and healthy
eating choices.
(e) Child care
agencies shall work to teach children appropriate portion sizes by serving
meals and snacks using plates, bowls, and cups that are developmentally suited
to their nutritional needs.
(f) An
infant shall be held while drinking from a bottle if the infant is too young to
use a high chair.
(g) Educators
shall ensure that infants have completed feeding and swallowed all milk/formula
before being laid down for a nap.
(h) Children shall be restrained using the
manufacturer's safety restraint while sitting in a high chair or similar
seating device.
(i) Bottles may be
served from the refrigerator without warming.
(j) If desired, bottles may be warmed:
1. Under running warm tap water; or
2. In a container of warm water no warmer
than one hundred twenty degrees Fahrenheit (120°F) for no more than five
minutes.
(k) Bottles
shall not be propped, and a child shall not be given a bottle while lying
flat.
(l) Children shall not be
permitted to carry a bottle with them throughout the day.
(m) Children shall not have food or drink
while in beds, cots, cribs or on mats.
(n) Prevention of Injuries by Bottle Warmers,
Crock Pots and Microwaves:
1. Crock pots are
prohibited for use as bottle warmers;
2. Crock pots shall be kept in the kitchen
area for cooking meals and shall be inaccessible to children;
3. Microwave ovens and their immediate
surrounding area, including cords, shall not be accessible to infants,
toddlers, or pre-school children;
4. To prevent scalding, liquid and solid
foods heated in a microwave shall be stirred and carefully checked for "hot
spots" prior to serving;
5.
School-age children shall use microwaves only under direct
supervision;
6. Breast milk and
formula shall not be heated in a microwave oven; and
7. All heated bottles shall be checked for
safe temperatures before serving.
(2) Choking Prevention.
(a) Solid foods (including cereal) shall not
be given to children with normal eating abilities in bottles or infant feeders
unless written authorization from a physician is on file.
(b) It is the responsibility of the
supervising educator to ensure that food is not accessible or served until it
has been chopped, diced, cut or mashed and is appropriate for each child's age,
and individual eating, chewing and swallowing ability.
(c) Food shall not be given to a child until
the supervising educator is able to provide focused attention to the
child.
(d) Educators shall check
that no food is left in the mouth of an infant/toddler before putting the
infant/toddler down to sleep.
(e)
The supervising educator is prohibited from performing other classroom duties
unrelated to food service during mealtime.
(f) Children shall not be permitted to wear
teething necklaces, pacifiers, or any item around their neck or attached to
their clothing that are potentially hazardous and associated with
choking.
(3) Food Preparation.
(a) Powdered milk shall not be
substituted for fluid milk, formula, or breast milk.
(b) Formulas shall be used as directed on the
container or as directed in writing by a physician.
(c) Once milk, formula, or breast milk has
been warmed, it shall not be re-warmed or returned to the
refrigerator.
(d) Breast milk and
formula remaining in bottles after a feeding shall be disposed of in accordance
with the timeframes recommended by the Centers for Disease Control and
Prevention.
(e) Frozen breast milk
shall be labeled with the date it was expressed and the name of the
child.
(f) Food, formula, milk, or
breast milk brought from home shall be:
1.
Labeled with the child's name;
2.
Labeled with the date the item(s) were received; and
3. Shall be refrigerated immediately, if
applicable.
(g)
Previously opened baby food jars shall not be accepted in the child care
agency.
(h) If food is fed directly
from the jar by the educator, the jar shall be used for only one feeding and
discarded.
(4) Nutrition.
(a) If the child care agency
provides food, it shall be in accordance with the USDA's Child and Adult Care
Food Program (CACFP) nutritional guidelines.
(b) No sugar sweetened beverages shall be
served to children at any time by the child care agency.
(c) Whether provided by the parent or the
child care agency, the following meals/snacks shall at a minimum be offered to
children based on their hours of attendance:
1. Breakfast or morning snack;
2. Lunch;
3. Afternoon snack;
4. A child in care for ten (10) hours or more
shall be offered an additional snack or meal;
5. Breakfast shall be provided to children
who arrive before 7:00 a.m. and have not had breakfast at home unless they are
school-age children at the facility for before care; and
6. Extended Care: For a child who is in care
for extended or nighttime hours, meals and snacks will be offered in accordance
with the child's hunger and the hours of attendance.
(5) Food Service.
(a) A child shall not be forced to
eat.
(b) Food shall not be withheld
from a child.
(c) Children shall be
given adequate time to eat.
(d)
Food shall not be used as a reward. This does not prohibit special events such
as a holiday celebration or a birthday party.
(e) Food Allergies.
1. Information about individual children's
food allergies shall be posted prominently, both where food is prepared and
where food is served.
2. For a
child with life-threatening allergies, a written plan of action endorsed by the
child's pediatrician or licensed medical provider shall be posted where the
educator has immediate access.
3.
Any child's food allergies and the accommodations and precautions in place to
address food allergies shall be prominently noted.
4. Outline child care agency procedures that
reduce cross-contamination of allergenic foods and other inadvertent exposure
to allergens for any child with food allergies.
(f) A weekly menu that includes all snacks
and foods served shall be posted and followed.
(g) Meal and snack substitutions shall be
noted on the menu in advance.
(h)
The feeding schedule for an infant shall be in accordance with the child's
need.
(i) When caring for nursing
children, the child care agency shall make accommodations that support and
facilitate a family's decision to continue breast feeding.
(6) High Chairs and Tables.
(a) When children are capable of using a high
chair, they shall be allowed to do so and to experiment with food, with feeding
themselves, and shall be allowed to eat with fingers or a spoon.
(b) High chairs and tables on which food is
prepared and served shall be washed with soap and water and sanitized directly
prior to and after snacks and meals.
(c) Floors under tables and high chairs on
which food is served shall be swept and/or vacuumed after each meal and cleaned
as needed.
(7) Dishes and Utensils.
(a) Napkins and individual
break-resistant utensils, glasses/cups and appropriate dishware shall be
provided for children who eat independently.
(8) Food Storage.
(a) Foods requiring refrigeration or cold
storage shall be maintained at forty degrees Fahrenheit (40°F) or
below.
(b) Foods requiring hot
storage shall be maintained at an internal temperature of one hundred forty
degrees Fahrenheit (140°F) or above.
(c) Frozen foods shall be maintained at a
temperature of zero degrees Fahrenheit (0°F) or below.
(d) Thermometers shall be placed in all
refrigerators, freezers and all other cold storage equipment.
(e) No poisonous or toxic materials, except
those required for sanitization purposes, may be used or stored in a
food-service area of a facility.
(9) Food Sanitation.
(a) All food shall be protected from
contamination during storage, preparation, transportation, and
serving.
(b) The child care agency
shall not serve home-preserved food or raw milk to children in care.
(c) Raw fruits and vegetables prepared
on-site shall be washed before use.
(d) Milk and food shall not be placed on the
table longer than fifteen (15) minutes prior to the beginning of the meal to
avoid contamination and spoilage.
(e) All re-useable utensils, cups, and
dishware shall be made from nontoxic materials.
(f) All re-useable utensils, cups, and
dishware shall be thoroughly cleaned and sanitized after each use.
(g) Single-service articles shall be made
from nontoxic materials and shall be stored, handled, and dispensed in a
sanitary manner.
(h) All utensils
and food-contact surfaces or equipment used in the preparation, transportation,
service, display, or storage of food shall be thoroughly cleaned and sanitized
prior to and after each use.
Authority: T.C.A. §§ 4-5-201, et seq.; 71-1-105(a)(12); and 71-3-501, et seq.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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