049-8 Wyo. Code R. § 8-4

Current through April 27, 2019
Section 8-4 - Sanitation Requirements for Child Care Facilities

(a) All Child Care Centers (CCC) shall be required to comply with the Wyoming Food Safety Rule, State of Wyoming, latest edition. The Wyoming Food Safety Rule may exceed standards mentioned in this chapter, but are only applicable to Child Care Centers (CCC).

(b) All Family Child Care Homes (FCCH) and Family Child Care Centers (FCCC) shall comply with the following standards. The principles and requirements of the Wyoming Food Safety Rule may be required, over and above these rules, in cases where potentially hazardous foods are prepared.

  • (i) Floors and floor coverings shall be maintained in good repair and shall not be visibly soiled.
  • (ii) The walls, wall coverings, and ceilings shall be maintained in good repair and shall not be visibly soiled.
  • (iii) Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to walls and ceilings shall be kept clean and maintained in good repair.
  • (iv) Walls and ceiling surfaces
    • (A) If present, lead-based paint shall not present a poisoning hazard. Building components including walls, doors and windows that have been painted with lead-based paint shall have the paint safely removed, covered over or shall be maintained to ensure dust lead levels do not exceed one hundred (100) micrograms/sq. ft. on the floors (including carpeted floors), five hundred (500) micrograms/sq. ft. on the interior window sills and eight hundred (800) micrograms/sq. ft. in the window troughs.
    • (B) Lead-poisoning hazards shall be minimized during lead-based paint removal and remodeling of all pre-1978 facilities.
    • (C) All other toxic or potentially hazardous compounds, to include urea formaldehyde and asbestos, shall be excluded from new construction material(s) in walls and ceilings and shall be effectively sealed in existing facilities.
  • (v) Doors and windows
    • (A) All doors, windows, and other entrances to the outside shall effectively protect against the entrance of all insects and rodents.
    • (B) Screening material shall not be less than sixteen (16) mesh to the inch.
  • (vi) Lighting
    • (A) All rooms in which food or drink are prepared or in which utensils are washed or stored shall be uniformly lighted with a minimum of twenty (20) foot candles of light at work level.
    • (B) Lighting shall be from a permanently fixed artificial light source.
    • (C) Shielding to protect against broken glass falling into food shall be provided for all artificial lighting fixtures located over, by, or within food storage, preparation, service, or display areas and where utensils and equipment are cleaned and stored.
  • (vii) All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, fumes, toxic gases, or stagnant air. Wyoming Food Safety Rules have additional ventilation requirements for Child Care Centers (CCC).
  • (viii) Restrooms
    • (A) All child care facilities shall be provided with restroom facilities. Each facility shall have at least one (1) toilet and at least one hand washing sink per restroom. In addition, Child Care Centers (CCC) shall be required to comply with the requirements of the Uniform Plumbing Code (UPC), latest edition.
    • (B) If care is provided to children who are not toilet trained, then at least one "potty chair" per four (4) children who are being potty trained shall be required.
    • (C) All restrooms shall be provided with covered trash receptacles, single service hand towels or hand drying devices, hand cleanser, and toilet tissue at all times.
    • (D) Toilet facilities shall be kept clean and sanitary and maintained in good repair.
  • (ix) Water supply
    • (A) Hot and cold potable water (under pressure) shall be provided to all rooms in which food is prepared and utensils are washed and to all restrooms.
    • (B) The water supply shall be of such quantity as to provide enough water for food preparation, washing of hands, and washing of utensils and equipment.
    • (C) Private water supplies serving child caring facilities shall have a bacterial test every six (6) months. If infants under one (1) year are present, the water supply shall be tested for nitrates every three (3) years. Water tests shall be conducted at an EPA certified laboratory and/or a laboratory accredited for microbiological testing in drinking water according to EPA approved testing methods.
    • (D) All bottled, packaged, or transported water shall be potable.
  • (x) Hand Washing Sinks
    • (A) Hand washing sinks shall be located in or immediately adjacent to all restrooms.
    • (B) Sinks shall be located at a convenient height (24-36 inches at top) for children, or stools shall be provided.
    • (C) Diaper changing area shall be located as close as possible to an operable hand sink with hot and cold running water. The distance from diaper changing area to such hand sink shall not exceed twelve (12) feet.
    • (D) Hot water from such hand washing sinks or other child accessible faucet(s) shall not exceed 120°F at exit point from the faucet.
  • (xi) Utensils and equipment
    • (A) Multi-use utensils and equipment shall be constructed and repaired with safe materials. They shall be corrosion resistant, easily cleanable, and durable under conditions of normal use.
    • (B) Single service articles shall be made from clean, sanitary, and safe materials.
    • (C) Reuse of single service articles is prohibited.
  • (xii) Multi-use utensils and food contact surfaces of equipment shall be washed, rinsed, and sanitized after each use or whenever contamination may have occurred. Food contact surfaces shall be corrosion resistant, durable, and easily cleanable under normal use.
  • (xiii) Non-food contact surfaces of equipment shall be cleaned as necessary to keep the equipment free of accumulation of dust, dirt, food particles and other debris.
  • (xiv) Manual washing and sanitizing of utensils and food contact surfaces:
    • (A) For manual washing, rinsing, and sanitizing of utensils and equipment, three (3) compartments or containers shall be used;
    • (B) Each compartment shall be large enough to accommodate the utensils or equipment;
    • (C) The first compartment shall contain a hot detergent that is kept clean. The second compartment shall contain hot, clear rinse water. The third compartment shall contain an approved sanitizing solution as outlined in the Wyoming Food Safety Rule. Dishes and equipment shall then be air dried;
    • (D) All utensils and equipment shall remain in the final sanitizing rinse for at least one (1) minute, and the utensils or equipment shall then be air dried; and
    • (E) When chemicals are used for sanitization, a test kit or other device that accurately measures the parts per million concentration of the sanitizer shall be provided and used.
      • (I) Commercial sprays which have tested and are mixed at the appropriate strength may be used.
      • (II) Commercial wipes may not be used due to inability to be tested accurately.
  • (xv) Mechanical washing and sanitizing
    • (A) Cleaning and sanitizing may be done by a spray type or immersion dishwashing machine or by any other type of machine or device if it can be demonstrated to the authorized health inspector that it thoroughly cleans and sanitizes utensils and equipment. Home type machines, followed by hand sanitizing, may be approved.
    • (B) These machines and devices shall be maintained in good repair and shall be operated in accordance with the manufacturer's instructions.
  • (xvi) Storage of utensils and equipment
    • (A) Cleaned and sanitized utensils and equipment shall be stored at least six (6) inches above the floor level in a clean, dry location and in such a manner that protects them from contamination by splash, dust, or other means.
    • (B) Food contact surfaces of fixed equipment shall also be protected from contamination by splash, dust, or other means.
    • (C) Single service articles shall be stored at least six (6) inches above the floor in closed cartons or containers that protect them from contamination.
  • (xvii) Sewage disposal
    • (A) All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewerage disposal system constructed and operated according to the requirements of the Department of Environmental Quality (DEQ) or it's authorized representative.
    • (B) Non-water carried sewage disposal facilities are prohibited, except as permitted by the authorized health inspector in remote areas or because of special situations.
  • (xviii) Solid waste (garbage)
    • (A) Inside garbage storage shall be kept in lined, durable, easily cleanable, insect and rodent-proof containers that will not leak or absorb liquids.
    • (B) All containers used for garbage shall be kept covered with tight fitting lids and shall be available in sufficient numbers to accommodate all garbage and refuse. Outside containers shall be made inaccessible to dogs, cats, and wild animals.
    • (C) Containers shall be kept clean at all times.
    • (D) Garbage and refuse shall be disposed of often enough to prevent the development of odor(s) and/or the attraction of insects and rodents.
  • (xix) Food care
    • (A) Food shall be of a sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption.
    • (B) Food shall be obtained from sources that comply with all laws relating to food and food labeling. Wild game is prohibited from being served to the children.
    • (C) The serving of "home-canned" foods to the children is prohibited.
    • (D) Fluid milk and milk products used or served shall be pasteurized and shall meet the Grade A Quality standards as established by law. (The serving of raw or unpasteurized milk is prohibited.)
    • (E) Dry milk and dry milk products shall be made from pasteurized milk or milk products and shall be used only in cooking.
    • (F) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from contamination by dust, insects, rodents, unclean utensils and equipment, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage.
    • (G) The temperature of potentially hazardous food shall be kept at 41°F or below, or 135°F or above, at all times. Sufficient refrigerated or hot or cold storage equipment shall be available to maintain these temperatures. Thermometers shall be available at all times for monitoring food temperatures. Refrigeration thermometers shall be kept in top front of the unit.
    • (H) Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered, and labeled container.
    • (I) Containers of food, except those packaged in waterproof containers shall be stored at least six (6) inches above the floor.
    • (J) Cooked or finished potentially hazardous food stored under refrigeration shall not exceed five (5) inches in depth.
    • (K) Stored frozen food shall be maintained in a frozen condition.
    • (L) Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized to prevent cross-contamination.
    • (M) Potentially hazardous frozen foods shall be thawed under the following conditions:
      • (I) In a refrigeration unit at a temperature not to exceed 41°F;
      • (II) Under potable running water at a temperature of 70°F or below; or
      • (III) In a microwave or part of the continuous cooking process. Potentially hazardous, frozen foods shall not be thawed at room temperature.
    • (N) All food shall be served and displayed in a clean and sanitary manner.
    • (O) Family Child Care Homes (FCCH) and Family Child Care Centers (FCCC) may serve milk according to the following rules:
      • (I) Grade A pasteurized milk bottled in one half (1/2) or one (1) gallon containers may be used for pouring glasses of milk.
      • (II) The use of the one half (1/2) or one (1) gallon commercially filled containers shall be contingent on the following:
        • (1.) No milk, once poured from the original container, shall be reused for beverages or cooking; and
        • (2.) The one half (1/2) or one (1) gallon container shall be returned to the refrigerator as soon as the individual glasses are filled and shall not remain on the table during lunch, snack, or other dining times.
      • (III) The USDA commodity code does not allow dry or powdered milk products to be reconstituted and used for drinking purposes.
    • (P) Once served to a child, that unwrapped portion of any leftover food or drink shall not be served again.
    • (Q) Only pasteurized eggs and egg products and pasteurized juice shall be served to children nine (9) years old and under in the child care setting, with the exception of air cooled hard boiled eggs with shell intact as defined in Chapter 9, Section 2(s) (ii) (A).
  • (xx) Animals
    • (A) All animals, including animal equipment such as food dishes and bedding, shall be excluded from the food preparation, utensil, and equipment washing and dining areas.
    • (B) Dogs, cats, and ferrets that are brought on child care premises shall be up-to-date on their rabies vaccinations. Unvaccinated animals shall be vaccinated at least one (1) month before they come onto the premises. If the animal is too young to be vaccinated for rabies it may be allowed on the premises, but shall not be handled by children. Domestic animals that can be vaccinated and permitted on the premises shall have all current vaccinations as required by the local ordinances and shall be considered free of communicable diseases. Verification of such vaccinations shall be present on the premises.
    • (C) Animals allowed on child care premises shall include the following: domestic dog, domestic cat, domestic ferret, domestic ungulate (e.g. cow, sheep, goat, pig, horse), pet rabbit, pet rodent (e.g. mice, rats, hamsters, gerbils, guinea pigs, chinchillas), aquarium fish, non-psittacine cage and aviary birds (e.g. canaries, finches, mynahs, and diamond doves). See (F) for circumstances where psittacine birds are allowed. Wild, aggressive or potentially harmful animals shall not be allowed on the premises, unless they are presented by a professional who has experience handling wildlife, and are displayed in enclosed cages which prevent contact between the animal and children.
    • (D) Children under five (5) years shall not have direct contact with ferrets, baby chicks and baby ducks.
    • (E) Because of the real possibility of rabies in bats, raccoons, skunks, and wild carnivores, these animals (including recently dead animals) should not be permitted in any child care facility under any circumstances.
    • (F) There shall be no reptiles or amphibians, including but not limited to snakes, lizards, turtles, or frogs on the child care premises due to the threat of salmonellosis transmission. All birds capable of carrying psittacosis shall be certified as being psittacosis free, tested or treated by a veterinarian to eliminate or prevent psittacosis or similar diseases.
  • (xxi) Pest control
    • (A) Insect and rodent control measures shall be implemented as needed to keep them under control.
    • (B) Approved methods, besides physical restraint, are stick-um fly strips, electronic killing devices, and other nontoxic methods or pesticides if approved by the authorized health inspector.
  • (xxii) Personnel practices
    • (A) All persons who come in contact with the children or who are involved in the food preparation aspect of the operation shall wash their hands and exposed portions of their arms with soap and warm water before food preparation, before and after diaper changes, after smoke breaks, after using the toilet, and whenever else it is necessary to keep them clean and free of contamination.
      • (I) If disposable gloves are used, hands shall be washed before putting on the gloves and after removing the gloves.
    • (B) No person shall use tobacco in any form while engaged in food preparation, service of food or while washing utensils and equipment. Smoking is prohibited in these areas.
    • (C) Hair control shall be employed by all those engaged in food preparation. Hair shall be restrained in such a manner as to prevent hairs from contaminating food or food contact surfaces.
    • (D) Persons engaged in food preparation or who come in contact with the children shall maintain good hygienic practices during all working periods at the child-caring facility.
    • (E) The outer clothing of all employees shall be clean and free of food residues.
  • (xxiii) Diaper changing area
    • (A) Any child care facility having children requiring diaper changes shall have a designated diaper changing area.
    • (B) Such an area shall have a smooth, non-absorbent, easily cleanable surface.
    • (C) This area shall be sanitized after each diaper change with an approved sanitizing agent.
    • (D) Such sanitizing agents or apparatus shall be readily available and clearly labeled.
    • (E) Hand washing is required after every diaper change. Use of plastic gloves is recommended for diaper changing. If blood is present, plastic gloves shall be used.
  • (xxiv) Cots, pads, and bedding
    • (A) Each child shall have his/her own cot, bedding, etc., which shall be labeled with the child's name.
    • (B) Such cot or bedding shall not be shared with other children prior to cleaning and sanitizing.
    • (C) Bedding material (unless laundered) shall be stored so that the bedding is not touching to prevent possible cross-contamination.
    • (D) Cots and bedding shall be cleaned and sanitized on a weekly basis.
    • (E) Twenty-four (24) hour facilities shall have enough covered cots on hand to accommodate those children staying past 8:00 P.M.
  • (xxv) Miscellaneous
    • (A) All medicines, alcohol, detergents, sanitizers and related cleaning compounds, and other chemicals shall be inaccessible to children.
    • (B) Hazardous compounds such as insecticides and rodenticides and other chemicals bearing the skull and crossbones or "Danger" designation shall be kept under lock and key.
    • (C) Poisonous or toxic chemicals shall not be stored above or adjacent to food, food items (utensils), food contact surfaces, or toys and playthings. They shall not be used in such a manner that they could contaminate these articles.
    • (D) Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents.
    • (E) All toys provided to the children shall be of such construction as having an easily cleanable surface.
    • (F) Toys and other small articles that may find their way into children's mouths shall be cleaned and sanitized at least once a week or whenever visibly soiled by using an approved sanitizer at the proper strength.

049-8 Wyo. Code R. § 8-4

Adopted, Eff. 10/7/2016.