Kan. Admin. Regs. § 28-4-1266 - Food services

Current through Register Vol. 40, No. 39, September 30, 2021

Each permittee and each licensee shall ensure that food preparation, service, safety, and nutrition meet the requirements of this regulation. For purposes of this regulation, "food" shall include beverages.

(a) Sanitary practices. Each individual engaged in food preparation and food service shall use sanitary methods of food handling, food service, and storage.
(1) Only authorized individuals shall be in the food preparation area.
(2) Each individual who has any symptoms of an illness, including fever, vomiting, and diarrhea, shall be excluded from the food preparation area and shall remain excluded from the food preparation area until the individual has been asymptomatic for at least 24 hours or provides the administrator with written documentation from a health care provider stating that the symptoms are from a noninfectious condition.
(3) Each individual who contracts any infectious or contagious disease specified in K.A.R. 28-1-6 shall be excluded from the food preparation area and shall remain excluded from the food preparation area until the isolation period required for that disease is over or until the individual provides the administrator with written documentation from a health care provider that the individual is no longer a threat to the health and safety of others when preparing or handling food.
(4) Each individual with an open cut or abrasion on the hand or forearm or with a skin sore shall cover the sore, cut, or abrasion with a bandage before handling or serving food.
(5) The hair of each individual shall be restrained when the individual is handling food.
(6) Each individual handling or serving food shall comply with both of the following requirements for hand-washing:
(A) Each individual shall wash that individual's hands and exposed portions of the individual's arms before working with food, after using the toilet, and as often as necessary to keep the individual's hands clean and to minimize the risk of contamination.
(B) Each individual shall use an individual towel, disposable paper towels, or an air dryer to dry that individual's hands.
(7) Each individual preparing or handling food shall minimize bare hand and bare arm contact with exposed food that is not in a ready-to-eat form.
(8) Except when washing fruits and vegetables, no individual handling or serving food may contact exposed, ready-to-eat food with the individual's bare hands.
(9) Each individual shall use single-use gloves, food-grade tissue paper, dispensing equipment, or utensils, including spatulas and tongs, when handling or serving exposed, ready-to-eat food.
(b) Nutrition.
(1) The meals and snacks shall meet the nutritional needs of the residents. The meals and snacks shall include a variety of healthful foods, including fresh fruits, fresh vegetables, whole grains, lean meats, and low-fat dairy products. A sufficient quantity of food shall be prepared for each meal to allow each resident second portions of bread and milk and either vegetables or fruit.
(2) Special diets shall be provided for residents for either of the following reasons:
(A) Medical indication; or
(B) accommodation of religious practice.
(3) Each meal shall be planned and the menu shall be posted at least one week in advance. A copy of the menu of each meal served for the preceding month shall be kept on file and available for inspection.
(c) Food service and preparation areas. If food is prepared on the facility premises, the food preparation area shall be separate from the eating area, activity area, laundry area, and bathrooms and shall not be used as a passageway during the hours of food preparation and cleanup.
(1) All surfaces used for food preparation and tables used for eating shall be made of smooth, nonporous material.
(2) Before and after each use, all food preparation surfaces shall be cleaned with soapy water and sanitized by use of a solution of one ounce of bleach to one gallon of water or a sanitizing solution used in accordance with the manufacturer's instructions.
(3) Before and after each use, the tables used for eating shall be cleaned by washing with soapy water.
(4) All floors shall be swept daily and mopped when spills occur.
(5) Garbage shall be disposed of in a garbage disposal or in a covered container. If a container is used, the garbage shall be removed at the end of each day or more often as needed to prevent overflow or to control odor.
(6) Each food preparation area shall have handwashing fixtures equipped with soap and hot and cold running water and with individual towels, paper towels, or air dryers. Each sink used for handwashing shall be equipped to provide water at a temperature of at least 100 degrees Fahrenheit. The water temperature shall not exceed 120 degrees Fahrenheit.
(A) If the food preparation sink is used for handwashing, the sink shall be sanitized before using it for food preparation by use of a solution of 1/4 cup of bleach to one gallon of water.
(B) Each facility with 25 or more residents shall be equipped with handwashing fixtures that are separate from the food preparation sink.
(7) Clean linen used for food preparation or service shall be stored separately from soiled linen.
(d) Food storage and refrigeration. All food shall be stored and served in a way that protects the food from cross-contamination.
(1) Nonrefrigerated food.
(A) All food not requiring refrigeration shall be stored at least six inches above the floor in a clean, dry, well-ventilated storeroom or cabinet in an area with no overhead drain or sewer lines and no vermin infestation.
(B) Dry bulk food that has been opened shall be stored in metal, glass, or food-grade plastic containers with tightly fitting covers and shall be labeled with the contents and the date opened.
(C) Food shall not be stored with poisonous or toxic materials. If cleaning agents cannot be stored in a room separate from food storage areas, the cleaning agents shall be clearly labeled and kept in locked cabinets not used for the storage of food.
(2) Refrigerated and frozen food.
(A) All perishables and potentially hazardous foods requiring refrigeration shall be continuously maintained at 41 degrees Fahrenheit or lower in the refrigerator or 0 degrees Fahrenheit in the freezer.
(B) Each refrigerator and each freezer shall be equipped with a visible, accurate thermometer.
(C) Each refrigerator and each freezer shall be kept clean inside and out.
(D) All food stored in the refrigerator shall be covered, wrapped, or otherwise protected from contamination. Unserved, leftover perishable foods shall be dated, refrigerated immediately after service, and eaten within three days.
(E) Raw meat shall be stored in the refrigerator in a manner that prevents meat fluids from dripping on other foods.
(F) Ready-to-eat, commercially processed foods, including luncheon meats, cream cheese, and cottage cheese, shall be eaten within five days after opening the package.
(3) Hot foods.
(A) Hot foods that are to be refrigerated shall be transferred to shallow containers in layers less than three inches deep and shall not be covered until cool.
(B) Potentially hazardous cooked foods shall be cooled in a manner to allow the food to cool within two hours from 135 degrees Fahrenheit to 70 degrees Fahrenheit or within six hours from 135 degrees Fahrenheit to 41 degrees Fahrenheit.
(e) Meals or snacks prepared on the premises.
(1) All of the following requirements shall be met when meals or snacks are prepared on the facility premises:
(A) All dairy products shall be pasteurized. Powdered milk shall be used for cooking only.
(B) Meat shall be obtained from government-inspected sources.
(C) Raw fruits and vegetables shall be washed thoroughly before being eaten or used for cooking.
(D) Frozen foods shall be defrosted in the refrigerator, under cold running water, in a microwave oven using the defrost setting, or during the cooking process. Frozen foods shall not be defrosted by leaving them at room temperature or in standing water.
(E) Cold foods shall be maintained and served at temperatures of 41 degrees Fahrenheit or less.
(F) Hot foods shall be maintained and served at temperatures of at least 140 degrees Fahrenheit.
(2) The following foods shall not be served or kept:
(A) Home-canned food;
(B) food from dented, rusted, bulging, or leaking cans; and
(C) food from cans without labels.
(f) Meals or snacks catered. The following requirements shall be met for each meal or snack that is not prepared on the facility premises:
(1) The snack or meal shall be obtained from a child care facility licensed by the department or from a food service establishment or a catering service licensed by the secretary of the Kansas department of agriculture.
(2) If food is transported to the facility, only food that has been transported promptly in clean, covered containers shall be served to the residents.
(g) Table service and cooking utensils.
(1) All of the table service, serving utensils, and food cooking or serving equipment shall be stored in a clean, dry location at least six inches above the floor. None of these items shall be stored under an exposed sewer line or a dripping water line or in a bathroom.
(2) Clean table service shall be provided to each resident, including dishes, cups or glasses, and forks, spoons, and knives, as appropriate for the food being served.
(A) Clean cups, glasses, and dishes designed for repeat use shall be made of smooth, durable, and nonabsorbent material and shall be free from cracks or chips.
(B) Disposable, single-use table service shall be of food grade and medium weight and shall be disposed of after each use.
(3) If nondisposable table service and cooking utensils are used, the table service and cooking utensils shall be sanitized using either a manual washing method or a mechanical dishwasher.
(A) If using a manual washing method, all of the following requirements shall be met:
(i) A three-compartment sink with hot and cold running water to each compartment and a drainboard shall be used for washing, rinsing, sanitizing, and air-drying.
(ii) An appropriate chemical test kit, a thermometer, or another device shall be used for testing the sanitizing solution and the water temperature.
(B) If using a mechanical dishwasher, the dishwasher shall be installed and operated in accordance with the manufacturer's instructions and shall be maintained in good repair.


Kan. Admin. Regs. § 28-4-1266
Authorized by and implementing K.S.A. 2013 Supp. 65-508; effective, T-28-12-17-13, Dec. 17, 2013; effective March 28, 2014.

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