9 NYCRR Part 7417 - 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 7417.1 - 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)The Office of Children and Family Services (OCFS) shall maintain a facility food service program sufficient to satisfy the daily nutritional needs of each resident.

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

9 NYCRR 7417.2 - Food service sanitation

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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 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 7439.5 of this Title and the State Sanitary Code as contained in Part 14 of Title 10 NYCRR.

9 NYCRR 7417.3 - 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

The food service program in each secure facility shall require that all residents 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.

9 NYCRR 7417.4 - 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 facility director or designee shall require that any medical diet prescribed for a resident by a physician, dentist, or other authorized facility health services staff member is provided to such resident.

9 NYCRR 7417.5 - 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 7425.6 of this Title, residents are entitled to observe reasonable dietary laws established by their religion. Each secure facility shall provide residents with food items reasonably sufficient to meet such religious dietary laws.

9 NYCRR 7417.6 - 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 facility director, or person acting in that capacity, 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 7417.8 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 7439.5 of this Title, all persons employed in the food service program of a secure facility shall maintain a high level of cleanliness and conform to hygienic practices while performing such facility functions.

9 NYCRR 7417.7 - 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 secure facility shall provide residents 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)Secure facility staff shall provide active supervision of residents during meals, as defined in section 7404.2(c) of this Title.

(d)Each secure facility shall prohibit the withholding of food as a disciplinary measure.

9 NYCRR 7417.8 - Menus

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

(b)Each secure facility’s menus shall be reviewed annually by a registered dietician or nutritionist 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 residents to read.

9 NYCRR 7417.9 - 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 secure 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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