§ 10573. Food Service.  


Latest version.
  • (a) In facilities providing meals to residents, the following shall apply:
    (1) The total daily diet for residents shall be of the quality and in the quantity necessary to meet the needs of the residents and shall meet the standards set forth in the “Recommended Dietary Allowances”, ninth edition, 1980 adopted by the Food and Nutrition Board of the National Research Council of the National Academy of Science, hereby incorporated by reference, adjusted to the age, activity, and environment of the group involved. All food shall be selected, stored, prepared and served in a safe and healthful manner.
    (2) Where all food is provided by the facility, arrangements shall be made so that each resident has available at least three meals per day. Not more than fifteen (15) hours shall elapse between the third meal on one day and first meal of the following day.
    (3) Where meal service within a facility is elective, arrangements shall be made to ensure availability of a daily food intake meeting the requirement of (a)(1) above for all residents.
    (4) Between meal nourishment shall be available for all residents unless limited by dietary restrictions prescribed by a physician.
    (5) Menus shall be written at least one (1) week in advance and copies of the menus as served shall be dated and kept on file for at least 30 days. Menus shall be made available for review by the residents and the department upon request.
    (6) Modified diets shall be provided, if prescribed by a resident's physician as a medical necessity.
    (7) All foods shall be selected, transported, stored, prepared and served so as to be free from contamination and spoilage and shall be fit for human consumption. Food in damaged containers shall not be accepted, used or retained.
    (8) Liquid milk shall be pasteurized. Powdered milk shall be mixed only in proportions specified in instructions on the package.
    (9) Except upon written approval by the department, meat, poultry and meat food products shall be inspected consistent with applicable state or federal laws. Written evidence of inspection as required by law shall be available for all products not obtained from commercial markets.
    (10) Home canned foods from outside sources shall not be used. The following shall apply for all foods canned at the facility:
    (A) All fruits and vegetables shall be canned in accordance with the standards identified in “Home Canning of Fruits and Vegetables”, University of California, Division of Agricultural and Natural Resources, Leaflet Number 21392, dated July 1984, hereby incorporated by reference.
    (B) All fish shall be canned or otherwise preserved in accordance with “Canned and Freezing Fish at Home”, University of California, Division of Agricultural Sciences, Leaflet number 2425, dated June 1981, hereby incorporated by reference.
    (11) If food is prepared off the facility premises, the following shall apply:
    (A) The preparation source shall meet all applicable requirements for commercial food services.
    (B) The facility shall have the capability to receive and serve food and to cleanup.
    (12) All persons engaged in food preparation and service shall observe personal hygiene and food services sanitation practices which protect the food from contamination.
    (13) Residents involved in detoxification services may engage in food preparation provided their involvement does not pose a risk to their personal safety or the health and safety of other residents.
    (14) All foods or beverages capable of supporting rapid and progressive growth of microorganisms which can infect or intoxicate food shall be stored in covered containers at 45 degrees Fahrenheit (7.2 degrees Celsius) or less.
    (15) Pesticides and other similar toxic substances shall not be stored in food storerooms, kitchen areas, food preparation areas, or areas where kitchen equipment or utensils are stored.
    (16) Soaps, detergents, cleaning compounds or similar substances shall be stored in areas separate from food supplies.
    (17) All kitchen, food preparation, and storage areas shall be kept clean, free from litter and rubbish. Measures shall be taken to keep all such areas free from rodents and other vermin.
    (18) All food shall be protected against contamination. Contaminated food shall be discarded immediately.
    (19) All equipment, fixed or mobile, dishes, and utensils shall be kept clean, and maintained in good repair.
    (20) All dishes and utensils used for eating, drinking and preparing food shall be cleaned and sanitized after each usage.
    (A) Dishwashing machines shall reach a temperature of 165 degrees Fahrenheit (74 degrees Celsius) during the washing and/or drying cycle to ensure that dishes and utensils are cleaned and sanitized.
    (B) Facilities not using dishwashing machines shall clean and sanitize dishes and utensils by an alternative comparable method.
    (21) Equipment necessary for the storage, preparation and service of food shall be provided, and shall be properly maintained.
    (22) Tableware and tables, dishes, and utensils shall be provided in the quantity necessary to serve the residents.
    (b) The department may require the licensee to provide written information, including menus, regarding the food used over a given period when it is necessary to determine if the licensee is in compliance with the food service requirements in the regulations in this subchapter. The department shall specify in writing the written information required from the licensee.
    (1) Menus will not be required for a period more than thirty (30) days preceding the request made by the department.
    NOTE: Authority cited: Section 11834.50, Health and Safety Code. Reference: Sections 11834.01 and 11834.50, Health and Safety Code.
HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).
5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).
7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
8. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).