1. A. A licensee that prepares food for enrolled children on facility premises shall, if required by 9 A.A.C. 8, Article 1, and the local ordinances of the local health department where the facility is located, obtain a food establishment permit issued under 9 A.A.C. 8, Article 1, and:

   1. 1. Submit to the Department a written notice of the facility’s food establishment permit before the Department issues a license to the facility,
   2. 2. Maintain the facility’s current food establishment permit on the facility’s premises, and
   3. 3. Provide a written notice of the facility’s current food establishment permit to the Department upon request.

2. B. If a licensee contracts with a food establishment to prepare and deliver food to the facility, the licensee shall obtain and provide the Department with a copy of the food establishment’s permit, issued under 9 A.A.C. 8, Article 1, at the following times:

   1. 1. Before the Department issues a license to the facility,
   2. 2. Upon contracting with the food establishment, and
   3. 3. Every 12 months after the date the contract is entered into while the contract is in effect.

3. C. A licensee shall ensure that:

   1. 1. Enrolled children, except children with a special health care need or a disability who cannot wash their own hands, wash their hands with soap and running water before and after handling or eating food;

   2. 2. A staff member:

      1. a. Washes the hands of a child with a special health care need or a disability who cannot wash the child’s own hands before and after the child with a special health care need or a disability handles or eats food using:

         1. i. A washcloth,
         2. ii. A single-use paper towel, or
         3. iii. Soap and running water; and
      2. b. If using a washcloth, uses each washcloth on only one child and only one time before it is laundered or discarded;
   3. 3. An enrolled child is not permitted to eat food directly off the floor, carpet, or ground or with utensils placed directly on the floor, carpet, or ground;
   4. 4. A staff member encourages, but never forces, enrolled children to eat food;
   5. 5. A staff member assists each enrolled child who needs assistance with eating;
   6. 6. A staff member teaches self-feeding skills and habits of good nutrition to each enrolled child as necessary;
   7. 7. Fresh milk is served from the original, commercially filled container, to a container used for meal service or a cup, and unused portions are not returned to the original container;
   8. 8. Milk served to an enrolled school-aged child is fat-free or 1% lowfat milk unless the enrolled child’s parent requests otherwise;
   9. 9. Reconstituted dry milk is not served to meet the fluid milk requirement;
   10. 10. Juice served to children for a meal or snack is full-strength 100% vegetable or 100% fruit juice from an original, commercially filled container or reconstituted from a concentrate according to manufacturer instructions;
   11. 11. Fruit juice served to an enrolled child is limited to six ounces per day;
   12. 12. Each staff member is informed of a modified diet prescribed for an enrolled child by the child’s parent or health care provider, and the modified diet is posted in the kitchen and in the child’s activity area;
   13. 13. The food served to an enrolled child is consistent with a modified diet prescribed for the child by the child’s parent or health care provider;
   14. 14. An enrolled child is not permitted in the kitchen during food preparation or food service except as part of an activity;
   15. 15. An enrolled child does not use the kitchen or a food storage area as a passageway;

   16. 16. A staff member:

       1. a. Prepares a weekly menu at least one week in advance,
       2. b. Includes on the menu the specific foods to be served on each day,
       3. c. Dates each menu,
       4. d. Posts each menu at least one day before the first meal on the menu will be served, and
       5. e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

   17. 17. Non-single-use utensils and equipment used in preparing, eating, or drinking food are:

       1. a. After each use washed in:

          1. i. An automatic dishwasher and air dried or heat dried; or
          2. ii. Hot soapy water, rinsed in clean water, sanitized, and air dried or heat dried; and
       2. b. Stored in a clean area protected from contamination;
   18. 18. Single-use utensils and equipment are disposed of after being used;
   19. 19. Perishable foods, which are foods that become unfit for human consumption if not stored to prevent spoilage, are covered and stored in a refrigerator at a temperature of 41° F or below;
   20. 20. A refrigerator at the child care facility maintains a temperature of 41° F or below and a freezer maintains a temperature of 0° F or below, as shown by a thermometer kept in the refrigerator and in the freezer at all times;

   21. 21. Foods are prepared as close as possible to serving time and, if prepared in advance, are either:

       1. a. Cold held at a temperature of 45° F or below or hot held at a temperature of 130° F or above until served, or
       2. b. Cold held at a temperature of 45° F or below and then reheated to a temperature of at least 165° F before being served.

Historical Note

New Section made by final rulemaking at 31 A.A.R. 2015 (June 27, 2025), effective August 3, 2025 (Supp. 25-2).