Kan. Admin. Regs. § 28-4-439 - Child care centers: food service

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

(a) Single or multi-unit centers serving a meal prepared at the center to 13 or more children shall employ a staff person who:
(1) Has knowledge of nutritional needs of children;
(2) understands quantity food preparation and service;
(3) practices sanitary methods of food handling and storage;
(4) is sensitive to individual and cultural food tastes of children; and
(5) is willing to work with the program director in planning learning experiences for children relative to nutrition.
(b) Centers shall serve meals and snacks as follows:

Length of Time at Center Food Served

2 1/2 to 4 hours 1 snack

4 to 8 hours 1 snack & 1 meal

8 to 10 hours 2 snacks & 1 meal or 1 snack & 2 meals

10 hours or more 2 meals & 2 or 3 snacks

(c) Meals and snacks.
(1) Breakfasts shall include:
(A) A fruit, vegetable, or full-strength fruit or vegetable juice;
(B) bread, a bread product or cereal; and
(C) milk.
(2) Noon or evening meals shall include one item from each of the following:
(A) Meat, poultry, fish, egg, cheese, cooked, dried peas or beans, or peanut butter;
(B) two vegetables, 2 fruits, or one vegetable and one fruit;
(C) bread, bread product or cereal; and
(D) milk.
(3) Mid-morning and mid-afternoon snacks shall include at least two of the following:
(A) Milk, milk product or food made with milk;
(B) fruit, vegetable, or full-strength fruit or vegetable juice;
(C) meat or a meat alternate; or
(D) bread, bread product or cereal.
(d) A sufficient quantity of food shall be prepared for each meal to allow the children second portions of vegetables or fruit, bread, and milk.
(e) Food allergies or special dietary needs of specific children shall be known to cooks, staff members, child care workers, and substitutes.
(f) Menus shall be posted where parents can see them. Copies of menus served the previous month shall be kept on file.
(g) Staff shall sit at the table with the children, and socialization shall be encouraged. Children shall be encouraged to serve themselves. Spoons and forks shall be provided for each child's use. Appropriate service shall be used for meals and snacks.
(h) Children's food shall not be placed on a bare table.
(i) Toothbrushes shall be provided for each child's use. They shall be used daily after meals, and shall be stored in a sanitary manner out of children's reach.
(j) When meals are prepared on the premises, the kitchen shall be separate from the eating, play, and bathroom areas, and shall not be used as a passageway while food is being prepared.
(k) Food shall be stored as follows:
(1) Poisonous or toxic materials shall not be stored with food. Medications requiring refrigeration shall be labeled and kept in locked storage in the refrigerator.
(2) All perishables and potentially hazardous foods shall be continuously maintained at 45°F or lower in the refrigerator, or 10°F or lower in the freezer, with 0°F recommended. Each cold storage facility shall be provided with a clearly visible, accurate thermometer.
(3) All foods stored in the refrigerator shall be covered.
(4) Foods not requiring refrigeration shall be stored at least six inches above the floor in clean, dry, well-ventilated storerooms or other areas.
(5) Dry, bulk foods which are not in their original, unopened containers shall be stored in metal, glass or food-grade plastic containers with tight-fitting covers, and shall be labeled.
(l) Table service shall be maintained in sanitary condition using one of the following methods:
(1) Disposable plates and cups, and plastic utensils of food grade, medium weight; or
(2) a three-compartment sink supplied with hot and cold running water and a drainboard for washing, rinsing, sanitizing, and airdrying; or
(3) a mechanical dishwasher.
(m) Dishes shall have smooth, hard-glazed surfaces, and shall be entirely free from cracks or chips.
(n) Tables shall be washed before and after meals, and floors shall be swept after meals.
(o) If meals are catered:
(1) Food shall be obtained from sources licensed by the Kansas department of health and environment.
(2) Food shall be transported in covered and temperature-controlled containers, and shall not be allowed to stand. Hot foods shall be maintained at not less than 140°F, and cold foods shall be maintained at 45°F or less.
(p) Fluid dairy products shall be Grade A pasteurized. Solid dairy products shall be pasteurized. Dry milk shall be used only for cooking.
(q) Meat shall be from government-inspected sources.
(r) Home-canned food, food from dented, rusted, bulging, or leaking cans, or food from cans without labels shall not be used.
(s) Garbage shall be placed in covered containers inaccessible to children, and shall be removed from the kitchen daily.


Kan. Admin. Regs. § 28-4-439
Authorized by and implementing K.S.A. 65-508; effective May 1, 1983; amended May 1, 1984; amended May 1, 1985.

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