(b) The operator must provide at a minimum:

1. (1) three meals a day, served at regularly-scheduled times, or an alternative meal plan which has the prior approval of the department. Under an approved alternate meal plan, a resident may purchase or prepare some of his/her own meals. However, whether the operator provides the standard meal plan or an approved alternate, the operator is responsible for supervising each resident to insure that the resident maintains appropriate nutritional intake; and
2. (2) nutritious snacks.

(c) Information on each residents' prescribed dietary regimen and food allergies must be available in the food service area and must be used in the planning, preparation and service of resident meals and snacks.

1. (1) Menus for regular and modified diets and snacks are to be planned to furnish sufficient nutrients and calories to meet the recommended dietary allowances of the Food and Nutrition Board of the National Academy of Science, National Research Council, adjusted for age, sex, and activity.

2. (2) The following food groups must be included in each daily menu:

   1. (i) milk—two or more cups served as beverage or used in cooking. Fortified whole, skim or low fat milk, flavored whole or fortified milk, buttermilk, or cheese may be used. Cheese may be used as milk or meat, but not both;
   2. (ii) meats—two or more servings of meat, fish, poultry, eggs, cheese or other equivalents. Each serving must provide an edible portion of at least two ounces;
   3. (iii) vegetables and fruits—four or more servings of at least one-half cup each, citrus fruit or other fruit and vegetable with vitamin C should be used daily. A dark green or deep yellow vegetable or fruit with vitamin A should be used at least every other day. Fruit and vegetable juices may be used;
   4. (iv) breads and cereals—four or more servings. Whole grain or enriched breads, cereals, or pasta products may be used;
   5. (v) other foods may be added to the meal to provide personal satisfaction, additional nutrition and calories.
3. (3) Water, milk, coffee, tea, and a hot, decaffeinated beverage must be available and offered at each meal.
4. (4) Menus used for planning must specify the size of servings and the anticipated number of each type of meal (regular and modified) to be served.
5. (5) Meals must be planned and served to provide variety in methods of preparation and content and must reflect the seasonal availability of food. At a minimum, the food items within the meat and the vegetable and fruit groups must be different or prepared differently for each day of the week.
6. (6) Each day's menu must include a hot entree at least one meal other than breakfast.
7. (7) Foods listed on menus must be prepared and served as planned; occasional substitutions must be of like nutritional value.

8. (8) Menus must be:

   1. (i) planned a minimum of three weeks in advance; and
   2. (ii) recorded on an approved menu planning form.
9. (9) Menus must be conspicuously posted in a public area accessible to residents and visitors and must include any daily changes or substitutions.
10. (10) Copies of current menus must be available in the food preparation area.

11. (11) Dated copies of menus as planned, and as served including any changes or substitutions, must be kept on file for a period of six months.

    (e) Food purchasing, storage and preparation, and service.

12. (1) The operator must comply with regulations relating to food service for sanitation, safety and health, as set forth by the New York State Sanitary Code (10 NYCRR Part 14) and other applicable county and local health codes.
13. (2) In the event that a facility has been inspected by State or local health authorities, a record of such inspection must be kept on file at the facility.

14. (3) Food purchases and preparation must be based on:

    1. (i) planned menus;
    2. (ii) tested quantity recipes, adjusted to yield the required number of servings; and
    3. (iii) the estimated number of meals to be served.
15. (4) Food on hand must be sufficient to permit the preparation and service of meals for a minimum of three days in the event of emergency.
16. (5) Food preparation, service and storage areas must be equipped in accord with standards set forth in section 490.11 of this Part, with the New York State Sanitary Code (10 NYCRR Part 14) and applicable county and local codes.
17. (6) Food preparation, service and storage equipment must be maintained in accord with standards set forth by the New York State Sanitary Code (10 NYCRR Part 14), applicable local codes and manufacturers' specifications.
18. (7) Freezer temperatures must be no warmer than 0°F (− 18°C).

19. (8) Storage, preparation and service procedures must:

    1. (i) preserve flavor and appearance of food; and
    2. (ii) conserve the nutritive value of food.
20. (9) Storage, preparation and service procedures must minimize the potential for contamination or spoilage.
21. (10) Food that is adulterated, contaminated or otherwise unfit for human consumption must not be served.
22. (11) Any food service system other than single-seating table service requires prior written approval of the department.
23. (12) Tableware appropriate for the meal being served must be provided by the operator.
24. (13) Disposable plates and utensils must not be regularly used for service.
25. (14) No more than 15 hours may elapse between service of the evening meal and breakfast the next morning.
26. (15) The evening meal must be served no earlier than 4:30 p.m.

(d) Menu planning.