15A NCAC 18A .2804      FOOD SUPPLIES

(a)  In child care centers, food shall be kept free from spoilage, filth, or other contamination and shall be safe for human consumption. Potentially hazardous foods, including foods packaged in hermetically sealed containers, shall be obtained only from sources that are permitted or inspected by a local health department, the North Carolina Department of Agriculture and Consumer Services, or other government agency. The use of food packaged in hermetically sealed containers that was not prepared in a commercial food processing establishment is prohibited. Food prepared at home and sent to a child care center to be shared with other children shall be limited to baked goods that are not potentially hazardous foods.

(b)  Milk products that are used shall be Grade "A" milk and milk products, as set forth in Section 1 of the 2017 Grade "A" Pasteurized Milk Ordinance, including subsequent amendments and editions, established by the U.S. Department of Health and Human Services, Food and Drug Administration, which is hereby incorporated by reference and available free of charge at https://www.fda.gov/media/114169/download, in fluid form or evaporated milk. Unless prescribed by a health care provider, dry milk and dry milk products shall be used only for cooking purposes, including cooked pudding desserts and flavored hot beverages.

(c)  Steamed and uncooked shellfish, raw eggs, and products containing raw eggs including raw cookie dough, cake batter, brownie mix, milkshakes, and ice cream shall not be consumed by children. This requirement shall not apply when a pasteurized egg product is used as a substitute for raw eggs.

(d)  All human milk, formula, and other bottled beverages, including beverages in sippy cups, that are sent from home shall be fully prepared and labeled with the date received at the child care center and the name of the child to whom the milk, formula, or beverage belongs before being brought to the child care center. All human milk, formula, and other bottled beverages shall be sent home with the child whose name is on the label or discarded at the end of each day. Formula and other beverages that require refrigeration, baby food that has been opened, and human milk shall be labeled with the name of the child to whom the beverage, baby food, or milk belongs and shall be refrigerated at 45 degrees Fahrenheit or below.

(e)  Frozen human milk may be stored frozen for three months. Any frozen human milk stored beyond seven days shall be stored in the freezer compartment of a full-size refrigerator that has a separate door to the freezer, in a chest freezer, or in an upright deep freezer. Frozen human milk shall be thawed in accordance with of Rule .2807(i)(1) or (i)(2) of this Section and prepared in the child care center's kitchen or food preparation area. In addition to the labeling required by Paragraph (d) of this Rule, frozen human milk shall be labeled with the date that it is thawed for use. Human milk that was previously frozen and has been thawed shall be refrigerated and stored for no more than 24 hours from when it was thawed. Human milk that was previously frozen and has been thawed shall not be refrozen for storage at the child care center.

(f)  Formula provided by the child care center shall be commercial ready-to-feed formula that is pre-packaged in single-use containers. Formula that does not meet these requirements and human milk may be provided to a child by child care center employees as prescribed by the child's health care provider or as instructed, in writing, by the child's parent or guardian. Bottles and other drinking utensils provided by the child care center shall be sanitized in accordance with this Section.

(g)  After opening, jars of baby food shall be covered, labeled with the date on which they were opened, refrigerated and used within two days of opening, provided that the baby food is not served directly from the jar. Baby food may be served directly from the jar to one child if unused portions of the food are discarded after each feeding; otherwise, commercially prepared baby foods shall be served from a serving dish rather than the food jar.

(h)  After the completion of each feeding, any leftover formula, human milk, or other bottled beverages used during the feeding shall be discarded or sent home with the child whose name is on the label for the formula, human milk, or bottled beverage at the end of each day. Feeding is complete when the child care center employee has stopped feeding the child and the child has been removed from the feeding area in the child care center and returned to other activities. Bottles previously used for feeding shall not be returned to communal mechanical refrigeration. Nothing in these Rules shall prohibit human milk from being sent home at the end of the day with the child whose name is on the label for the human milk instead of being discarded when the child's parent or guardian has given the child care center written permission to send the human milk home.

(i)  A water bottle that a child brings to the child care center from home and that is used only for water consumption by that child shall be exempt from the requirements of Paragraph (h) of this Rule. Instead, the water bottle shall be labeled with the name of the child to whom the water bottle belongs, individually stored in the child's cubby, and sent home with the child at the end of the day.

(j)  Child care centers that receive and provide children with prepared meals or snacks from sources outside the child care centers, other than meals or snacks sent from home, shall use meals and snacks obtained from food establishments that are permitted by a local health department, organizations that only serve prepared meals to child care centers, or another child care center inspected by a local health department. Child care centers may also receive and provide children with prepared meals from organizations not licensed as child care centers only when these organizations are providing prepared meals to licensed child care centers and are inspected in the county where the meal is prepared in accordance with G.S. 110-91(1). The inspection of these organizations shall be made by the local health department at the same time the inspection of the licensed child care center receiving these prepared meals is done. The inspection report of the organization providing these meals shall be a part of the inspection of the licensed child care center receiving the prepared meals, unless the organization is a permitted food handling establishment. Food shall be transported to the child care center that is receiving the prepared meals in a manner that meets the requirements of the Rules of this Section relating to hazards, food protection, and storage.

(k)  Lunches, snacks, and other meals that a child brings from home to the child care center shall be labeled with the date on which the food is brought to the child care center and the name of the child to whom the food belongs at the child's home and shall be returned to the child's home or discarded at the end of each day. Lunches, snacks, and other meals containing potentially hazardous foods shall be refrigerated at 45 degrees Fahrenheit or below and stored in the child care center kitchen or approved food preparation area. Hot foods that a child brings from home to the child care center in double-walled, insulated thermos containers may be stored outside of refrigeration at the child care center with the written permission of the child's parent or guardian.

(l)  Nothing in the Rules of this Section shall prohibit the use of fresh fruits and vegetables, including those grown at the child care center, so long as the fruits and vegetables meet the requirements of the rules of this Section and are washed before being served.

History Note:        Authority G.S. 110-91;

Eff. July 1, 1991;

Amended Eff. February 1, 1995; January 1, 1992;

Temporary Amendment Eff. April 15, 1998;

Amended Eff. July 1, 2006; January 1, 2006; April 1, 1999;

Readopted Eff. July 1, 2023.