9 NYCRR Part 7009 - Executive Department

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Source version current through Mar 31, 2022

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7009.1 - Policy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, each local correctional facility shall maintain a facility food service program sufficient to satisfy the daily nutritional needs of each prisoner.

(b)All food service areas, including but not limited to kitchens, dining areas and food storage areas, shall be maintained in accordance with the provisions of section 7015.2 of this Title.

(c)A food service organization which provides food services for a local correctional facility must comply with the requirements of this Part and with the requirements of the State Sanitary Code as contained in 10 NYCRR Part 14.

9 NYCRR 7009.2 - Nutritional adequacy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The food service program in each local correctional facility shall ensure that all prisoners are provided with an appropriate level of nutrients and calories. Such appropriate level of nutrients and calories shall be based upon current recommended dietary allowances of the Food and Nutrition Board of the National Academy of Sciences, National Research Council.

(b)The person responsible for the supervision of the facility food service program shall plan and prepare written and dated menus. Such menus shall be reviewed at least annually by a nutritionist or dietician certified by the State Education Department to ensure that they provide an appropriate level of nutrients and calories.

9 NYCRR 7009.3 - Medical diets

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The chief administrative officer shall ensure that any medical diet prescribed for a prisoner by a physician or other authorized facility health services staff member is provided such prisoner.

9 NYCRR 7009.4 - Religious diets

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Pursuant to the requirements of section 7024.6 of this Title, prisoners are entitled to observe reasonable dietary laws established by their religion. Each facility shall provide prisoners with food items sufficient to meet such reasonable religious dietary laws.

9 NYCRR 7009.5 - Food service personnel

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The chief administrative officer shall designate an individual who shall be responsible for the supervision of the facility food service program. Such person shall be responsible for:

(1)the preparation of menus consistent with the requirements of section 7009.2 of this Part; and

(2)the supervision, preparation and service of all meals.

(b)Only persons who have been found to be in good health and free from communicable diseases by a physician licensed to practice medicine in New York State shall be assigned to or permitted to work in the facility food service program.

(c)Consistent with the requirements of section 7015.2 of this Title, all persons employed in the food service program of a local correctional facility shall maintain high levels of cleanliness and conform to hygienic practices while performing such facility functions.

9 NYCRR 7009.6 - Meals

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each prisoner in a local correctional facility shall be served at least three meals in each 24-hour period. Such meals shall be scheduled so that:

(1)the morning meal is served at a regularly scheduled time between the hours of 5 a.m. and 9 a.m.;

(2)the noon meal is served at a regularly scheduled time between the hours of 11 a.m. and 2 p.m.; and

(3)the evening meal is served at a regularly scheduled time between the hours of 4 p.m. and 7 p.m.

(b)The person responsible for the supervision of the food service program shall establish policies and procedures designed to ensure that food is served at proper temperatures. At least one of the three regularly scheduled meals in a 24-hour period shall be served hot.

(c)Notwithstanding the requirements of subdivision (b) of this section, an inmate confined in special housing, as that term is defined in section 7013.2(h) of this Title, who engages in unhygienic acts, such as spitting or throwing feces or urine, or who uses food or food service equipment in a manner that is a threat to the safety, security, or good order of the facility, or the health or safety of any person, may be provided with alternative meals subject to the following conditions:

(1)the determination to provide alternative meals shall be made by the chief administrative officer in writing and shall state the specific facts and reasons underlying such determination, a copy of which shall be given to the inmate;

(2)alternative meals shall supply an appropriate level of nutrients and calories and shall be approved by a certified nutritionist or dietician;

(3)the provision of alternative meals shall not exceed seven days, although alternative meals may be reinstated at a future time if the inmate's use of food or food service equipment again presents a threat to the safety, security, or good order of the facility, or the health or safety of any person; and

(4)an inmate placed on alternative meals shall be examined by facility health staff at least every 24 hours in accordance with section 137 of the Correction Law.

9 NYCRR 7009.7 - Food storage

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

All food stored in a local correctional facility shall be maintained in such a manner so as to protect against spoilage or contamination. Such foods shall be stored in compliance with the requirements of the State Sanitary Code as contained in the Public Health Law or any rules or regulations promulgated by the New York State Department of Health.

9 NYCRR 7009.8 - Earlier source heading: [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Current section text is not available here.

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