Kan. Admin. Regs. § 28-4-591 - Food preparation, service, safety, and nutrition
Current through Register Vol. 40, No. 39, September 30, 2021
Length of time at the program Food served
at least 2 1/2 hours but fewer than 4 hours 1 snack
at least 4 hours but fewer than 8 hours 1 snack and 1 meal
at least 8 hours but fewer than 10 hours 2 snacks and 1 meal or 1 snack and 2 meals
10 hours or more 2 meals and 2 snacks
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
28-4-591. Food preparation, service, safety, and nutrition. (a) If meals or snacks are served in the program, the operator shall ensure that the following requirements are met:
(1) Sanitary practices.
(A) Each individual engaged in food preparation and food service shall know and use sanitary methods of food handling, food service, and storage.
(B) No individual shall be in the food preparation area who is vomiting, has diarrhea, or has other signs, symptoms, or positive laboratory tests indicative of an infectious illness that can be transmitted through food handling.
(C) No individual shall handle or serve food until the individual is no longer infectious as required by K.A.R. 28-1-6.
(D) Each individual involved in food handling shall comply with all of the following requirements:
(i) Hands shall be washed with soap and running water in a designated hand-washing sink immediately before the individual engages in food preparation and before the individual serves food.
(ii) If the food preparation sink is used for hand washing, the sink shall be sanitized before using it for food preparation.
(iii) Individual towels, disposable paper towels, or air dryers shall be used to dry hands.
(iv) Each individual serving food shall use utensils or single-use gloves.
(v) Each individual with infectious skin sores or with open or infected injuries on the hands or forearms shall cover the sores or injuries with a bandage when handling or serving food.
(2) Food service and preparation area. If food is prepared on the premises, each operator shall provide a food preparation area that is separate from the eating area, activity area, laundry area, and rest rooms and that is not used as a passageway during the hours of food preparation and cleanup.
(A) Surfaces used for food preparation and dining shall be made of smooth, nonporous material and shall be cleaned and sanitized before and after use.
(B) The floors shall be swept daily and mopped when spills occur.
(C) Garbage shall be disposed of in a garbage disposal or in a covered container. If a container is used, the container shall be removed at the end of the day or more often as needed to prevent overflowing or to control odor.
(3) Food storage and refrigeration.
(A) Food shall be stored at least six inches above the floor in a clean, dry, well-ventilated area that is free from vermin and rodent infestation. Dry bulk foods that are not in their original, unopened containers shall be stored in metal, glass, or food-grade plastic containers with tightly fitting covers and shall be labeled.
(B) 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.
(C) Each refrigerator and freezer used by the operator for food storage and refrigeration shall be kept clean inside and out and shall have an interior thermometer. The temperature shall be maintained at 40°F or lower in the refrigerator, and food stored in the freezer shall be maintained frozen.
(D) Hot foods that are to be refrigerated and stored shall be transferred to shallow containers in food layers less than three inches deep and shall not be covered until cool.
(E) 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.
(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.
(G) Hot foods shall be maintained at temperatures of at least 140°F.
(H) Cold foods shall be maintained at temperatures of 40°F or less.
(b) Table service.
(1) Each operator shall provide clean forks, spoons, and knives as appropriate for the food being served and shall provide one of the following:
(A) Clean cups and dishes that have smooth, hard-glazed surfaces and are free from cracks or chips; or
(B) disposable, single-use table service that is of food grade, medium weight, and disposed of after each use.
(2) If nondisposable table service and cooking utensils are used, each operator shall use one of the following methods to clean them:
(A) A commercial dishwasher for programs serving more than 30 children, or a domestic dishwasher for programs with 30 or fewer children;
(B) a three-compartment sink; or
(C) a two-compartment sink and a basin for sanitizing the table service and cooking utensils.
(c) Meals or snacks prepared on the premises.
(1) Food safety requirements. Each operator shall comply with the following requirements:
(A) Dairy products shall be pasteurized.
(B) Meat shall be 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.
(2) Each operator shall ensure that the following foods are prohibited:
(A) Home-canned food;
(B) food from dented, rusted, bulging, or leaking cans; and
(C) food from cans without labels.
(d) Meals or snacks not prepared on the premises.
(1) If the operator serves a meal or snack that is not prepared on the premises, the meal shall be obtained from a food service establishment, summer feeding program, or catering service licensed by the secretary. If perishable food is transported to the premises, each operator shall serve only food that has been transported promptly in temperature-controlled, clean, covered containers.
(2)(A) Any operator may permit parents or other adults responsible for a child or youth to provide snacks and sack lunches.
(B) If sack lunches are provided either by the operator or by the parent or other adult responsible for each child or youth, each operator shall ensure that all of the following requirements are met:
(i) Each sack lunch shall be labeled with the name of the child or youth, and sack lunches shall not be shared.
(ii) Perishable foods and drinks shall be kept at the temperatures specified in paragraph (a)(3)(H) through the use of insulated sacks and either a coolant or refrigeration.
(iii) Each sack lunch shall be positioned so that neither ice nor water causes the food in the sack to become wet or contaminated.
(iv) Ice that will be ingested shall be kept wrapped and shall not come in contact with sack lunches, food, cans, or other substances.
(1) Each operator shall ensure that safe drinking water is readily available at all times to each individual participating in the program.
(2) Each operator shall ensure that meals and snacks are available to each child or youth according to the following schedule:
|Length of time at the program||Food served|
|at least 2½ hours but |
fewer than 4 hours
|at least 4 hours but |
fewer than 8 hours
|1 snack and 1 meal|
|at least 8 hours but |
fewer than 10 hours
|2 snacks and 1 meal or |
1 snack and 2 meals
|10 hours or more||2 meals and 2 snacks|
(3) Each operator of a school-age program that meets after school during the school year shall ensure that at least one snack is served daily to each child or youth who attends the program after school. (Authorized by and implementing K.S.A. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003; amended, T-28-3-19-04, March 19, 2004; amended Sept. 10, 2004.)