Cal. Code Regs. tit. 22 § 87876

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 87876 - Food Service
(a) In all residential care facilities the following shall apply:
(1) All food shall be nutritious, protected from contamination and of the quality and in the quantity necessary to meet the needs of the residents. Each meal shall include, at a minimum, the amount of food components as specified by Title 7, Code Federal Regulations, Part 226.20, Requirements for Meals, 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 resident has available at least three meals per day.
(A) Not more than 15 hours shall elapse between the third meal of one day and the 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 who, in their admission agreement, elect meal service.
(4) Between meal nourishment or snacks shall be available for all residents unless limited by dietary restrictions prescribed by a physician.
(5) Menus shall be in writing and shall be posted 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 residents or their authorized representatives and the Department upon request.
(6) Modified diets prescribed by a resident'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 Department, 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) Each facility shall use a dishwasher to clean and sanitize all dishes and utensils used for eating and drinking and in the preparation of food and drink.
(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) Bleach shall be added to rinse cycle to sanitize the dishes and utensils when the dishwashing machine temperature does not reach 165 degrees F (74 degrees C).
(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 residents.
(23) Adaptive devices shall be provided for self-help in eating as needed by residents.
(b) The Department shall have the authority to require the facility to retain memos and receipts for a period of 60 days for food obtained and used for resident's consumption.

Cal. Code Regs. Tit. 22, § 87876

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b) and repealer of subsection (b)(1) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsections (a)(1) and (a)(9) (Register 2002, No. 14).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.02 and 1568.072, Health and Safety Code.

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b) and repealer of subsection (b)(1) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsections (a)(1) and (a)(9) (Register 2002, No. 14).