Section 86176 - Food Service(a) In facilities providing meals to participants, the following shall apply: (1) All food shall be safe and of the quality and in the quantity necessary to meet the needs of the participants, including their personal right to receive adequate and healthy food as specified in Section 86172(b)(12). Each meal shall meet at least 1/3 of the servings recommended in the USDA Basic Food Group Plan-Daily Food Guide for the age group served. 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 participant has available at least three meals per day. (A) Not more than 15 hours shall elapse between the third meal of 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 requirements of (a)(1) above for all participants who, in their admission agreement, elect meal service.(4) Between meal nourishment or snacks shall be available for all participants unless limited by dietary restrictions prescribed by a physician.(5) Menus shall be written at least one 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 participants or their authorized representatives and the licensing agency upon request.(6) Modified diets prescribed by a participant's physician as a medical necessity shall be provided.(A) The licensee shall obtain and follow instructions from the physician or dietitian on the preparation of the modified diet.(7) Commercial foods shall be approved by appropriate federal, state and local authorities. 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) Where indicated, food shall be cut, chopped or ground to meet individual needs.(9) Powdered milk shall not be used as a beverage but shall be allowed in cooking and baking. Raw milk, as defined in Division 15 of the California Food and Agricultural Code shall not be used. Milk shall be pasteurized.(10) Except upon written approval by the licensing agency, meat, poultry and meat food products shall be inspected by state or federal authorities. Written evidence of such inspection shall be available for all products not obtained from commercial markets.(11) All home canned foods shall be processed in accordance with standards of the University of California Agricultural Extension Service. Home canned foods from outside sources shall not be used.(12) 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 equipment and staff necessary to receive and serve the food and for cleanup.(C) The facility shall maintain the equipment necessary for in-house preparation, or have an alternate source for food preparation, and service of food in emergencies.(13) All persons engaged in food preparation and service shall observe personal hygiene and food services sanitation practices which protect the food from contamination.(14) All foods or beverages capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxications shall be stored in covered containers at 45 degrees F (7.2 degrees C) 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 of litter and rubbish, and measures shall be taken to keep all such areas free of 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 safe condition.(20) All dishes and utensils used for eating and drinking and in the preparation of food and drink, shall be cleaned and sanitized after each usage. (A) Dishwashing machines shall reach a temperature of 165 degrees F (74 degrees C) 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 well-maintained.(22) Tableware and tables, dishes, and utensils shall be provided in the quantity necessary to serve the clients.(23) Adaptive devices shall be provided for self-help in eating as needed by participants.(b) The licensing agency shall have the authority to require the facility to provide written information, including menus, regarding the food purchased and 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 Division. (1) The licensing agency shall specify in writing the written information required from the licensee.Cal. Code Regs. Tit. 22, § 86176
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1530, 1530.5, 1530.91 and 1531, Health and Safety Code; and Section 16001.9, Welfare and Institutions Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1530, 1530.5 and 1531, Health and Safety Code.
1. Change without regulatory effect adopting section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
2. Amendment of subsection (a)(1) and amendment of NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).