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(1) The facility must have written policy, procedure, and practice requiring food service staff to develop advanced, planned menus and substantially follow the schedule. In the planning and preparation of all meals, the staff shall take into consideration food flavor, texture, temperature, appearance, and palatability.

(2) Youth must be given three well-balanced meals daily, as well as supplemental snacks appropriate to the nutritional needs of the youth.

(3) Written policy, practice, and procedure must provide for special diets as prescribed by appropriate medical or dental personnel. Such orders must be kept on file at the facility.

(4) Written policy, procedure, and practice must specify that the food services comply with the applicable sanitation and health codes as promulgated by federal, state, and local authorities.

(5) Written policy, procedure, and practice must provide for adequate health protection for all youth and staff in the facility and youth and other persons working in food service, including the following:

(a) where required by the laws and/or regulations applicable to food service employees in the community where the facility is located, all personnel involved in the preparation of food shall be free of diarrhea, skin infections, and other illness transmissible by food or utensils;

(b) when the facility's food services are provided by an outside agency or individual, the facility must have written verification that the outside provider is in compliance with state and local regulations regarding food service;

(c) all food handlers shall wash their hands with warm water and soap before handling food upon reporting to duty and after using toilet facilities;

(d) youth and other persons working in food service must be monitored each day for health and cleanliness by the director of food services or designee; and

(e) use of home canned products is prohibited.

(6) Copies of menus as served must be kept on file for at least three months and be available for inspection.

(7) Menus and records of meals served must be reviewed at least annually by a dietician or nutritionist to verify that the meals provide nutrition adequate for youth between the ages of 10 and 18. The facility shall maintain documentation of the dietitian's or nutritionist's review and verification. Subsequent menus must be promptly revised to eliminate any deficiencies noted.

(8) Food service equipment, facilities, practices, and procedures must meet the requirements of ARM Title 37, chapter 110, subchapter 2, Food Service Establishments.

(9) The department of public health and human services may allow a deviation from (4) above after the youth detention facility submits to the department:

(a) a written application that demonstrates to the department that the deviation requested does not have the potential to cause adverse public health effects; and

(b) a written plan that describes management practices or procedures that will assure food safety related to the deviation request.

(10) If the youth detention facility food service is provided by a contractor, then the contractor shall provide proof it has a current food establishment license issued by the department of public health and human services.

(11) The department hereby adopts and incorporates by reference the provisions of ARM Title 37, chapter 110, subchapter 2 which sets forth the requirements for food service establishments. Copies of the above rules may be obtained from the Food and Consumer Safety Section, Department of Public Health and Human Services, PO Box 202951, Helena, MT 59620-2951.

History: 41-5-1802, MCA; IMP, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05.

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