(b)

1. (1) Facilities are permitted to serve commodity foods provided that the:

   1. (A) Facility is registered as a nonprofit organization; and
   2. (B) Foods were legally obtained directly from United States Department of Agriculture sources.
2. (2) Commodity foods obtained from an individual may not be used.
3. (3) Commodity foods shall be utilized pursuant to United States Department of Agriculture regulations.

4. (4)

   1. (A) Facilities utilizing commodity foods shall maintain documentation, or be able to provide evidence, that the foods were obtained through proper channels.
   2. (B) Failure to meet this requirement may result in a deficiency finding and a report to federal authorities.

(c) The daily food allowances for each patient shall include, unless contraindicated by the patient’s physician:

1. (1)

   1. (A) Milk — two (2) or more eight ounce (8 oz.) portions.
   2. (B)

(i) Milk and milk products shall be obtained from a source approved by the Department of Health.

1. (ii) They must be produced and handled in accordance with rules set forth by the Department of Health.

   1. (C) Milk shall be served in the original individual containers or from a dispenser approved by the Department of Health.
   2. (D) Cartoned milk or milk products shall be stored so that the tops are not covered with ice or water.
   3. (E) Milk and cream shall be kept in tightly covered containers and refrigerated until served or used;

2. (2)

   1. (A) Meat — five ounces (5 oz.) of protein, i.e., lean meat, fish, poultry, eggs, or cheese.
   2. (B) Count as a serving: two (2) to three (3) ounces of lean cooked meat, poultry, or fish all without bones; two (2) eggs; two (2) ounces of cheese; one (1) cup cooked dried beans or peas; four (4) tablespoons of peanut butter.

   3. (C)

      1. (i) Dried beans, dried peas, or peanut butter may be served once a week in place of lean meat if one-half (1/2) pint of milk is served at the same meal.
      2. (ii) If milk is refused by the resident, one ounce (1 oz.) of meat or meat substitute such as cheese or eggs shall be served in its place.
   4. (D) Meat shall be obtained from an approved source.
   5. (E) No raw eggs shall be served;

3. (3)

   1. (A) Fruits and vegetables — four (4) or more servings.
   2. (B) Count as a serving one-half cup (1/2 c.) or portion as ordinarily served, such as one (1) medium apple, banana, pear, peach, or potato.
   3. (C) Include a citrus fruit or other fruit or vegetable rich in vitamin C every day and a dark green or deep yellow vegetable for vitamin A at least every other day.
   4. (D) No hermetically sealed low acid or nonacid food which has been processed in a place other than a commercial food processing establishment shall be used;
4. (4) Breads and cereal four (4) or more servings, whole grain, enriched or restored; and
5. (5) Other foods to round out meals and snacks and to satisfy individual appetites and provide additional calories.