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Prevention of and Response to Food Allergies Subsection 154.1 requires a facility to have a written plan for each child with a food allergy from a child’s parents or licensed health care practitioner which includes instructions regarding which food a child is allergic to and a treatment plan. One commenter requested OSSE align this with the CACFP medical non-disabling statement form, which asks a medical authority to state which food items shall be omitted and provide suggested substitutions. The CACFP medical non- disabling statement form is used by the facility to support CACFP meal reimbursements claims. While OSSE recognizes that a medical authority must sign the CACFP medical non-disabling statement, OSSE has not inserted additional regulatory language to address the commenter’s request because the CACFP medical non-disabling statement form and the written plan serve different purposes.

Food Service

Subsection 155.2 requires all menus and foods actually served are consistent with the meal pattern requirements and nutrition standards specified by CACFP. One commenter requested clarification as to the difference between a snack and meal. OSSE recommends referring to CACFP for guidance on the difference between a snack and meal.

Subsection 155.15 requires that a licensee ensures appropriate meals and snacks are provided to children in their care. One commenter requested the State Superintendent amend the subsection to add a reference to the Child and Adult Care Food Program (“CACFP”). Although, the proposed rulemaking already referred to CACFP in § 155.2, OSSE accepted the recommendation to add a reference to CACFP in § 155.15. Adding a reference to CACFP will clarify that OSSE intended meal and snack to be interpreted consistently with CACFP.

Subsection 155.4 requires a licensee to have one staff member who is certified as a Food Protection Manager, with valid certification and photographic identification. Two commenters noted that the Department of Health no longer issues a photographic identification to a Food Protection Manager. Accordingly, OSSE has deleted “photographic identification” from § 155.4.

Infant Feeding Subsection 156.2(i) requires that a Licensee discard all unused formula and breast milk after each feeding. One commenter requested that the State Superintendent provide a timeframe for when discarding unused formula and breastmilk would be necessary. OSSE appreciates this comment and has clarified the requirements for discarding unused formula and breastmilk.

Section 156.2(i) now reads: (i) After each feeding, discard any unused:

(1) Formula within one hour of feeding; and

(2) Breast milk, if less than one ounce, otherwise return remaining breast milk to the parent(s) or guardian(s);