1. A. Food and Beverages.

   1. (1) Food and beverages that are furnished by an operator for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.

   2. (2) For children in care, unless provided by the child’s parent, the operator shall furnish:

      1. (a) All beverages, including beverages for meals and snacks; and
      2. (b) Milk with all meals.

   3. (3) A beverage furnished by the operator may not contain an added sweetener or caffeine, except for:

      1. (a) Infant formula: or
      2. (b) A beverage prescribed for a child by a health care provider.

   4. (4) If a child is:

      1. (a) Younger than 2 years old, milk furnished to the child shall be supplied or approved by the child’s parent; or
      2. (b) 2 years old or older, milk furnished to the child by the operator shall be 1% fat milk or nonfat milk, unless otherwise ordered by a health care provider or requested by the child’s parent.
   5. (5) The operator may arrange with a child’s parent to furnish milk of a type that is different from the milk ordinarily furnished by the operator.

   6. (6) The operator shall keep a supply of nutritious food on hand in order to provide food to a child whose parent has not supplied:

      1. (a) Food for meals or snacks; or
      2. (b) Sufficient food to meet the standards of the Child and Adult Care Food Program of the U.S. Department of Agriculture.

2. B. Hours of Operation. If a center operates:

   1. (1) 4 or more consecutive hours a day, the operator shall furnish either:

      1. (a) All meals and snacks; or
      2. (b) Snacks; or

   2. (2) Less than 4 consecutive hours a day, the operator shall either:

      1. (a) Furnish food and beverages for meals or snacks, or both; or
      2. (b) Make arrangements with the parent of a child to provide food and beverages for meals or snacks, or both.

3. C. Except during approved hours of overnight care, an operator shall serve meals and snacks at intervals of not more than 3 hours according to the following schedule:

   If a child is at a center for:	The child shall receive at least:
   Less than 4 consecutive hours	1 snack
   4 to 7 consecutive hours	1 meal and 1 snack
   7 to 11 consecutive hours	1 meal and 2 snacks or 2 meals and 1 snack
   11 to 14 consecutive hours	2 meals and 2 snacks or 3 meals and 1 snack

4. D. If an operator chooses not to provide meals, the operator shall make arrangements with the parent of each child to provide food for meals.

5. E. Menus. An operator shall:

   1. (1) Post in a conspicuous place a weekly planned menu of foods and beverages furnished by the center for meals and snacks; and
   2. (2) Keep a dated record of food actually served in the center, and to each child on a modified diet, on file for at least 4 weeks, correcting the planned menu if necessary.

Authority: Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1826)

Regulation .01 amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 14)

Regulation .03E repealed effective April 19, 2010 (37:8 Md. R. 618)