Section R9-10-719. Food Services

A.      Except for an outdoor behavioral health care program pro- vided by a behavioral health residential facility, an administra- tor shall ensure that:

1.        For a behavioral health residential facility that has a licensed capacity of more than 10 residents:

a.         The behavioral health residential facility obtains a license or permit as a food establishment under 9

A.A.C. 8, Article 1; and

b.        A copy of the behavioral health residential facility’s food establishment license or permit is maintained;

2.        If a behavioral health residential facility contracts with food establishment, as established in 9 A.A.C. 8, Article 1, to prepare and deliver food to the behavioral health res- idential facility, a copy of the food establishment's license or permit under 9 A.A.C. 8, Article 1 is maintained by the behavioral health residential facility;

3.        Food is stored, refrigerated, and reheated to meet the dietary needs of a resident;

4.        A registered dietitian is employed full-time, part-time, or as a consultant; and

5.        If a registered dietitian is not employed full-time, an indi- vidual is designated as a director of food services who

consults with a registered dietitian as often as necessary to meet the nutritional needs of the residents.

B.       Except for an outdoor behavioral health care program pro- vided by a behavioral health residential facility, a registered dietitian or director of food services shall ensure that:

1.        Food is prepared:

a.         Using methods that conserve nutritional value, fla- vor, and appearance; and

b.        In a form to meet the needs of a resident, such as cut, chopped, ground, pureed, or thickened;

2.        A food menu:

a.         Is prepared at least one week in advance,

b.        Includes the foods to be served each day,

c.         Is conspicuously posted at least one calendar day before the first meal on the food menu will be served,

d.        Includes any food substitution no later than the morning of the day of meal service with a food sub- stitution, and

e.         Is maintained for at least 60 calendar days after the last day included in the food menu;

3.        Meals and snacks provided by the behavioral health resi- dential facility are served according to posted menus;

4.        Meals and snacks for each day are planned using the applicable guidelines in http://www.health.gov/ dietaryguidelines/2010.asp;

5.        A resident is provided:

a.         A diet that meets the resident’s nutritional needs as specified in the resident’s assessment or treatment plan;

b.        Three meals a day with not more than 14 hours between the evening meal and breakfast, except as provided in subsection (B)(5)(d);

c.         The option to have a daily evening snack identified in subsection (B)(5)(d)(ii) or other snack; and

d.        The option to extend the time span between the eve- ning meal and breakfast from 14 hours to 16 hours if:

i.         The resident agrees; and

ii.        The resident is offered an evening snack that includes meat, fish, eggs, cheese, or other pro- tein, and a serving from either the fruit and veg- etable food group or the bread and cereal food group;

6.        A resident requiring assistance to eat is provided with assistance that recognizes the resident’s nutritional, phys- ical, and social needs, including the use of adaptive eating equipment or utensils; and

7.        Water is available and accessible to residents unless oth- erwise stated in a resident’s treatment plan.

C.      Except for an outdoor behavioral health care program pro- vided by a behavioral health residential facility, an administra- tor shall ensure that food is obtained, prepared, served, and stored as follows:

1.        Food is free from spoilage, filth, or other contamination and is safe for human consumption;

2.        Food is protected from potential contamination;

3.        Potentially hazardous food is maintained as follows:

a.         Foods requiring refrigeration are maintained at 41° F or below; and

b.        Foods requiring cooking are cooked to heat all parts of the food to a temperature of at least 145° F for 15 seconds, except that:

i.         Ground beef and ground meats are cooked to heat all parts of the food to at least 155° F;

ii.        Poultry, poultry stuffing, stuffed meats, and stuffing that contains meat are cooked to heat all parts of the food to at least 165° F;

iii.      Pork and any food containing pork are cooked to heat all parts of the food to at least 155° F;

iv.       Raw shell eggs for immediate consumption are cooked to at least 145° F for 15 seconds and any food containing raw shell eggs is cooked to heat all parts of the food to at least 155 °F;

v.        Roast beef and beef steak are cooked to an internal temperature of at least 155° F; and

vi.       Leftovers are reheated to a temperature of at least 165° F;

4.        A refrigerator contains a thermometer, accurate to plus or minus 3° F, placed at the warmest part of the refrigerator;

5.        Frozen foods are stored at a temperature of 0° F or below; and

6.        Tableware, utensils, equipment, and food-contact sur- faces are clean and in good repair.

Historical Note

Adopted effective November 1, 1998, under an exemp- tion from the provisions of the Administrative Procedure Act pursuant to Laws 1998, Ch. 178, § 17; filed with the Office of the Secretary of State October 2, 1998 (Supp. 98-4). Section repealed; new Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20

A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effec- tive July 1, 2014 (Supp. 14-2).