9 NYCRR Part 7309 - Executive Department

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Source version current through Mar 31, 2022

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7309.1 - Policy

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)A facility shall maintain a food service program sufficient to satisfy the daily nutritional needs of each youth.

(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern facility food services. These policies and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7309.2 - Food service sanitation

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

All food service areas including, but not limited to, kitchens, dining areas and food storage areas shall be maintained in a sanitary condition in accordance with the provisions of section 7350.5 of this Title and the State Sanitary Code as contained in Part 14 of Title 10 NYCRR.

9 NYCRR 7309.3 - Nutritional adequacy

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

The facility food service program shall require that every youth is 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.

9 NYCRR 7309.4 - Medical diets

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

The director shall require that any medical diet, prescribed for a youth by a physician, dentist, or other authorized facility health services staff member, is provided to such youth.

9 NYCRR 7309.5 - Religious diets

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

Pursuant to the requirements of section 7336.6 of this Title, youth are entitled to observe reasonable dietary laws established by their religion. A facility shall provide youth with food items reasonably sufficient to meet such religious dietary laws.

9 NYCRR 7309.6 - Food service personnel

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)The director 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 implementation of menus consistent with the requirements of section 7309.8 of this Part; and

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

(b)Only persons who are in good health and free from communicable diseases shall be assigned to, or permitted to work in, the facility food service program.

(c)Consistent with the requirements of section 7350.5 of this Title, all persons employed in the facility’s food service program shall maintain a high level of cleanliness and conform to hygienic practices while performing such facility functions.

9 NYCRR 7309.7 - Meals

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)A facility shall provide every youth with at least three meals, at regular meal times, during each 24-hour period, with no more than 14 hours between the evening meal and breakfast. Variations may be allowed on weekends and holidays, provided basic nutritional goals are met.

(b)At least one of the three regularly scheduled meals in a 24-hour period shall be served hot.

(c)Facility staff shall maintain active supervision of youth during meals, as defined in section 7306.2(c) of this Title.

(d)The director shall prohibit the withholding of food as a disciplinary measure.

9 NYCRR 7309.8 - Menus

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)The director shall require that written and dated menus, which fulfill the nutritional requirements of this Part, shall be prepared in advance for each facility.

(b)Each facility menu shall be reviewed, at intervals not to exceed six months, by a registered dietician or nutritionist, certified by the New York State Education Department, to ensure compliance with nationally recommended food allowances.

(c)Exclusive of medical, religious or vegetarian diets, menus prepared in accordance with the provisions of this Part shall:

(1)be designed to require that variety is provided in the preparation of meals;

(2)be designed to require that those food items prepared and served in combination for an evening meal are not repeated in such exact combination for another evening meal for at least a five-day period;

(3)be retained in the facility for a minimum of one year; and

(4)be posted for youth to read.

9 NYCRR 7309.9 - Food storage

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

All food stored in a 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 set forth in Part 14 of Title 10 NYCRR.

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