§ 51.140. Dietary services.
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/us/cfr/t38/s§ 51.140·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The facility management must provide each resident with a nourishing, palatable, well-balanced diet that meets the daily nutritional and special dietary needs of each resident.
(a)Staffing. The facility management must employ a qualified dietitian either full-time, part-time, or on a consultant basis.
(1)If a dietitian is not employed, the facility management must designate a person to serve as the director of food service who receives at least a monthly scheduled consultation from a qualified dietitian.
(2)A qualified dietitian is one who is qualified based upon registration by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics.
(b)Sufficient staff. The facility management must employ sufficient support personnel competent to carry out the functions of the dietary service.
(c)Menus and nutritional adequacy. Menus must---
(1)Meet the nutritional needs of residents in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences;
(2)Be prepared in advance; and
(3)Be followed.
(d)Food. Each resident receives and the facility provides---
(1)Food prepared by methods that conserve nutritive value, flavor, and appearance;
(2)Food that is palatable, attractive, and at the proper temperature;
(3)Food prepared in a form designed to meet individual needs; and
(4)Substitutes offered of similar nutritive value to residents.
(e)Therapeutic diets. Therapeutic diets must be prescribed by the primary care physician.
(f)Frequency of meals.
(1)Each resident receives and the facility provides at least three meals daily, at regular times comparable to normal mealtimes in the community.
(2)There must be no more than 14 hours between a substantial evening meal and the availability of breakfast the following day, except as provided in (f)(4) of this section.
(3)The facility staff must offer snacks at bedtime daily.
(4)When a nourishing snack is provided at bedtime, up to 16 hours may elapse between a substantial evening meal and breakfast the following day.
(g)Assistive devices. The facility management must provide special eating equipment and utensils for residents who need them.
(h)Sanitary conditions. The facility must---
(1)Procure food from sources approved or considered satisfactory by Federal, State, or local authorities;
(2)Store, prepare, distribute, and serve food under sanitary conditions; and
(3)Dispose of garbage and refuse properly. (Authority: 38 U.S.C. 101, 501, 1710, 1741-1743) \[65 FR 968, Jan. 6, 2000, as amended at 83 FR 61276, Nov. 28, 2018\]
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