# COMAR Title 13A — State Board of Education

## Subtitle 15 — Family Child Care

### Chapter 12 — Nutrition

**Authority:** Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of MarylandAgency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)

**Administrative History:** Effective date: October 20, 2008 (35:21 Md. R. 1826)

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective July 20, 2015 (42:14 Md. R. 882)

**Administrative History:** Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 12)

#### Regulation .01 Nutrition and Food Served.

*COMAR 13A.15.12.01*

A. Food and beverages that are furnished by a provider for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.

B. Unless provided by the child’s parent, the provider shall furnish:

  (1) All beverages, including beverages for meals and snacks; and

  (2) Milk with all meals.

C. A beverage furnished by the provider may not contain an added sweetener or caffeine, except for:

  (1) Infant formula: or

  (2) A beverage prescribed for a child by a health care provider.

D. If the child is:

  (1) Younger than 2 years old, milk furnished to the child shall be supplied or approved by the child’s parent; or

  (2) 2 years old or older, milk furnished to the child by the provider shall be 1% fat milk or nonfat milk, unless otherwise ordered by a health care provider or requested by the child’s parent.

E. The provider may arrange with the child’s parent to furnish milk of a type that is different from the milk ordinarily furnished by the provider.

F. Except during approved hours of overnight care, a provider shall serve meals and snacks at intervals of not more than 3 hours according to the following schedule:

G. If a provider chooses not to provide meals, the provider shall make arrangements with the parent of each child to provide food for meals.

#### Regulation .02 Food Storage and Cleanliness.

*COMAR 13A.15.12.02*

The provider or substitute shall:

A. Transport, store, prepare, display, and serve food in a safe, sanitary, and healthful manner;

B. Refrigerate perishable foods such as meat, milk, and dairy products at or below 40° F; and

C. As soon as a child has finished eating, discard any remaining food that has come into contact with:

  (1) The child's mouth; or

  (2) A utensil used by the child for eating.