Or. Admin. Code § 309-040-0385 - Food Services

(1) Providers must prepare and serve three nutritionally balanced meals and provide at least two snacks to residents each day at times consistent with those in the community.

(a) Meals must be prepared and served in the facility where the residents live.

(A) Meals eaten away from the AFH for the convenience of the provider (e.g. restaurants, community meal sites) must be paid for by the provider.

(B) Meals and snacks eaten as part of a resident's own recreational outing must be paid for by the resident.

(b) Each meal must include food from the basic food groups according to the United States Department of Agriculture (USDAs) My Plate, and regularly include fresh fruit and vegetables.

(c) Meals and snacks must be planned and served with consideration for resident food preferences, allergies, and special or modified diets as well as cultural, religious and ethnic considerations.

(d) Meals will be offered in family style, however, residents may choose to eat in their personal living space.

(e) A menu for the meals for the coming week must be prepared and posted weekly.

(2) Foods purchased under the resident's room and board agreement for meals and snacks will include dietary standards such breads, condiments, dairy products, fruits and vegetables and other common foods as may be requested by a resident for their use.

(3) Residents will have unrestricted access to food and drinks purchased for their use under the room and board agreement for meals or snacks and will have unrestricted access to common food preparation and storage appliances, equipment, cleaning supplies and preparation space needed for preparing food.

(4) Food must not be used as an inducement to control the behavior of a resident.

(5) An order from an LMP must be obtained for each resident who for health reasons is on a modified or special diet. These diets must be planned in consultation with the resident.

(6) Records of menus as served must be filed and maintained in the AFH for two years.

(7) The provider must maintain adequate supplies of staple foods for a minimum of one week and perishable foods for a minimum of two days at the setting. An emergency supply of potable water must be available such that the provider maintains seven gallons of water per resident.

(8) Food must be stored, prepared, and served in accordance with the Authority's Food Sanitation Rules:

(a) All working refrigerators and freezers must have a thermometer in working order;

(b) Food storage areas and equipment must be such that food is protected from dirt and contamination and maintained at proper temperatures to prevent spoilage.

(9) Food preparation areas must be clean, free of obnoxious odors, and in good repair.

(10) Equipment must be maintained in a safe and sanitary manner. Utensils, dishes, and glassware must be maintained in a sufficient number to accommodate the licensed capacity of the AFHs. Utensils, dishes, and glassware must be washed in hot soapy water, rinsed, and stored to prevent contamination. A dishwasher with sanitation cycle is recommended.

(11) The provider must support the resident's right to access food at any time. The provider may only apply an individually-based limitation when there is a threat to the health and safety of a resident or others, and the provider complies with the requirements outlined in OAR 309-040-0393.

(12) The provider cannot restrict a resident's right to have meals or snacks in their private living area unless an individual limitation is documented in their care plan based on a documented health or safety risk.

(13) If a resident misses a meal at a scheduled time, an alternative meal must be made available.

(14) The provider may not schedule meals with more than a 14-hour span between the evening meal and the following morning's meal (see, OAR 411-050-0645)

Notes

Or. Admin. Code § 309-040-0385

MHD 3-2005, f. & cert. ef. 4-1-05; MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; BHS 5-2025, amend filed 02/28/2025, effective 3/1/2025

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 443.705 - 443.825