105 CMR, § 164.405

Current through Register 1536, December 6, 2024
Section 164.405 - Meals and Food Handling
(A)Food Storage. The Licensed or Approved Provider shall have a written plan for protecting food from contamination and spoilage during its storage, preparation, distribution and service. The plan shall provide for:
(1) Procuring all food only from sources that ensure that the food is processed under regulated quality and sanitation controls;
(2) Clearly labeling supplies;
(3) Storing all nonfood supplies in an area separate from that used for storing food supplies;
(4) Storing perishable foods in refrigerators at 41 °F or less;
(5) Ensuring that any walk-in refrigerators or freezers can be opened from the inside even if closed; if the Licensed or Approved Provider padlocks walk-in refrigerators or freezers, the Licensed or Approved Provider shall establish a procedure requiring written documentation that no one is in the refrigerator or freezer prior to securing the lock; and
(6) Frozen foods remaining frozen.
(B)Food Handling. Persons, whether employees or residents, responsible for food preparation and service shall be free of signs and symptoms of infections, communicable diseases and open skin lesions. The Licensed or Approved Provider shall ensure that there are
(1) Disposable gloves available and used in handling and preparing food;
(2) Adequate hand washing and drying facilities located close to the food preparation area; and
(3) All work surfaces, utensils, equipment and dishes are thoroughly cleaned and sanitized after each use.
(C)Kitchen Facilities. The Licensed or Approved Provider shall ensure that:
(1) The kitchen is located in a suitable area of the facility and provides adequate work space for the sanitary preparation and serving of all meals.
(2) Adequate sanitary storage space is provided for the proper storage of all foods, dishes, silverware and cooking equipment.
(3) If any resident has a food allergy, information concerning the allergy and required responses in the event of an allergic reaction are conspicuously posted in the kitchen and dining areas with permission of the resident or, if a child, of the child's parents or legal guardian. Licensed or Approved Providers shall document refusal to give permission in the resident's record.
(D)Waste Disposal. The Licensed or Approved Provider shall provide for the sanitary disposal of all waste materials in watertight trash bins with tight fitting lids.
(E)Meals. The Licensed or Approved Provider shall ensure sufficient food and beverages are stocked in order to provide a nourishing well-balanced diet to all residents, and shall provide for the following:
(1) Clean, well-lighted, and ventilated dining areas;
(2) The dining room shall be large enough so that all residents may take their meals at customary times, but not necessarily simultaneously;
(3) Three meals each day for residents;
(4) Beverages and food for snacks;
(5) Consideration of residents' suggestions for menu planning;
(6) Menus dated and retained for three months;
(7) Means to provide for residents with special dietary needs;
(8) The Licensed or Approved Provider providing Residential Rehabilitation other than Transitional Support Services may assign program residents to prepare and serve meals as part of their household duties under the supervision of a staff member who has documented training in sanitary food handling and preparation. Residents of Transitional Support Service programs may not prepare or serve food; and
(9) Where applicable, Licensed or Approved Providers shall ensure that food storage and preparation areas meet the standards defined in 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments and that the food service is inspected and receives a food service permit by the local board of health.
(F)Purchased Food Services. If the Licensed or Approved Provider purchases food and meal services, the Licensed or Approved Provider shall obtain copies of licenses and inspections which document that the food and meal service provider conforms to 105 CMR 590.000: State Sanitary Code Chapter X - Minimum Sanitation Standards for Food Establishments or 105 CMR 500.000: Good Manufacturing Practices for Food, as applicable.

105 CMR, § 164.405

Amended by Mass Register Issue 1482, eff. 11/11/2022.