N.H. Code Admin. R. He-C 4002.30
Nutrition, Food Service, and Food Safety
Effective Sep 22, 2025#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.31)Commissioner, Department of Health and Human Services
(a) Child care staff shall assure that all food and drink served to children is:
- (1) Safe for human consumption and free of spoilage or other contamination;
- (2) Stored, prepared, and served in a manner consistent with safe food handling practices for the prevention of food borne illnesses, including those set forth in He-P 2300; and
- (3) Stored in a way to protect it from dust, insects, rodents, overhead leakage, unnecessary handling, and all other sources of contamination.
- (b) Meals and snacks provided by programs shall meet US Department of Agriculture dietary allowances.
- (c) Child care staff shall assure that no more than 3 hours elapse between meals and snacks offered to the children.
(d) Child care staff shall:
- (1) Follow individual feeding schedules provided by the parent or guardian of each child who has not reached a developmental level which enables them to eat on schedule; and
- (2) Comply with dietary restrictions as requested in writing by the parents or guardians of each child, due to food allergies, religious, or philosophical beliefs.
- (e) Child care staff familiar with children’s allergy action plans and known allergens shall take steps to ensure that children are not served or exposed to the known allergens.
- (f) Child care staff shall not serve foods that can cause a choking hazard to children younger than 3 years of age or to children who have been identified as having chewing and swallowing difficulties.
(g) In programs serving infants and toddlers, child care staff shall:
- (1) Follow individual feeding schedules provided by the parent or guardian of each child who has not reached a developmental level, which enables them to eat on schedule;
- (2) Not introduce new or solid foods to any child without the consent of their parent(s) or guardian(s), and as appropriate based upon their chewing and swallowing capability;
- (3) Hold infants younger than 6 months of age or who are unable to sit in feeding chairs while being fed;
- (4) Not hold more than one infant at a time to bottle-feed them;
- (5) Not prop bottles; and
- (6) Not feed infants or children while in a crib, or while on rest mats, beds, cots, or sleeping bags.
- (h) Child care staff shall dispose of, or return to the parent or guardian, milk, formula, or food unfinished by a child, as directed by the parent or guardian.
- (i) Breast milk and prepared formula shall be stored in covered containers, labeled with the child’s name and dated.
(j) Breast milk shall be:
- (1) Used immediately or stored in the refrigerator no longer than 4 days;
- (2) Labeled as used and returned to the refrigerator after each feeding if there is any left-over in the bottle, if being returned to the parent or guardian; and
- (3) Not fed to the child if left unrefrigerated for more than 2 hours.
(k) Prepared formula shall be:
- (1) Used immediately or stored in the refrigerator no longer than 24 hours;
- (2) Discarded if not fed to an infant and left unrefrigerated for more than one hour; and
- (3) Discarded after each feeding, if there is any leftover in the bottle.
- (l) Frozen breast milk shall be labeled and dated and stored in a freezer at 0 degrees Fahrenheit for no longer than 6 months.
- (m) Thawed breast milk shall be used within 24 hours.
(n) Child care staff shall gently swirl the bottle of formula or breast milk to recombine the contents after warming by:
- (1) Holding under warm running water;
- (2) Placing in a container of lukewarm water; or
- (3) A waterless warmer.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.31)