33-204.003. Food Services - Standards of Operation

(1) General. Inmates shall receive three meals per day. The meals shall be provided at regular meal times during each 24-hour period, with a period of no more than 14 hours between the end of the evening meal and the beginning of the morning meal, weather and security permitting. Holiday substitutions that deviate from the master menu must be approved in advance by the institutional warden, work release center major, or drug treatment center chief correctional officer. Prescribed therapeutic diets shall be available to all inmates with a current diet prescription.

(2) Confinement and special housing units.

(a) All inmates in confinement and special housing shall receive normal institutional meals as are available to the general population, except that if any item on the normal menu or any food utensil might create a security problem in the confinement area, then another item of comparable quality or other appropriate utensils shall be substituted. Substitutions shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(b) Upon entering confinement or special housing, an inmate shall designate his or her singular choice of the regular menu, alternate entrée, or vegan meal pattern. The inmate may voluntarily alter this choice by submitting Form DC6-236, Inmate Request, to the food service director every 30 days. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(c) Hot food served in satellite food operations shall be protected from contamination in transit and shall be served at temperatures set by the Department of Health.

(d) The provisions of Rule 33-602.223, F.A.C., shall be utilized in placing inmates on the special management meal.

(e) Food shall not be withheld, nor the standard menu varied, as a disciplinary sanction or as a reward for good behavior or work for an individual inmate.

(3) Menus. The Dietary Reference Intakes of the Food and Nutrition Board – National Academy of Sciences shall serve as the standard for the preparation of menus and the evaluation of menus served. The Dietary Reference Intakes of the Food and Nutrition Board are hereby incorporated by reference. A copy of the Dietary Reference Intakes may be obtained from the Bureau of Contract Management and Monitoring, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The Dietary Reference Intakes were copyrighted in 2004.

(a) The master menus reviewed by the master menu committee shall be used by all institutions and facilities within the department. The master menus shall be reviewed at least annually by the department’s master menu committee to determine the need for adjustments based upon cost, nutritional value, equipment capabilities, product availability and staff determined inmate preferences.

(b) Food preparation and service shall be scheduled to ensure that food is served as soon after completion of preparation as possible and at the appropriate temperature.

(c) Meals shall be prepared and served in accordance with the master menu in effect. No specially prepared meals shall be served except those approved therapeutic diets that are prescribed by the attending physician, clinical associate or dentist.

(d) The master menu shall be adhered to except that specific menus and menu items are subject to change by the person in charge of food service at each facility due to production or equipment problems, non-delivery of ingredients or food items, security issues, use of farm produce or USDA commodities, or as authorized by the warden. When menu substitutions are required, the substitutions will be from the same food group as the original menu item. The master menu manual provides a list of appropriate substitutions within food groups. Adequate amounts of food must be prepared to serve all inmates according to the master menu.

(e) All vegetables shall be prepared without meat, animal fat, meat-based broth, margarine or butter to be suitable for religious and strict vegetarian diets.

(f) Food and beverage shall not be consumed in food preparation areas.

(g) Leftover foods must be labeled with the contents, date and time of production and handled in accordance with the provisions of subsections 64E-11.004(3) and 64E-11.004(14), F.A.C. Food Hygiene. Subsections 64E-11.004(3) and 64E-11.004(14), F.A.C., are hereby incorporated by reference. Copies of these rules are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02067. The effective date of these rules is 7-14-2003.

(h) Toilet and hand-washing facilities shall be readily available to food service staff and inmate food handlers. Food service staff and inmate food handlers are required to wash their hands prior to reporting to duty and after using toilet facilities.

(i) A copy of Chapter 64E-11, F.A.C., Food Hygiene, will be available for reference at each department food service facility.

(4) Vegan meal pattern. Inmates may choose the vegan meal pattern by submitting Form DC6-236, Inmate Request, to the food service director at the facility where the inmate is housed, and shall indicate if they are participating as a vegan. An inmate who is transferred to another facility shall be allowed to continue the vegan meal pattern at the new facility by showing the inmate request that was approved by the previous food service director until his request is approved by the new food service director.

(a) The following inmates shall be removed immediately from the vegan meal pattern:

1. Inmates observed eating from the regular menu;

2. Inmates observed eating the alternative entrée; and

3. Inmates who are not on the meal pattern for religious reasons and who intentionally purchase, possess, or consume items from the canteen that contain any animal products or byproducts.

(b) Staff shall document the incident on Form DC6-210, Incident Report. Such inmates shall be ineligible to reapply for the vegan meal pattern for six months after involuntary removal.

(c) An inmate who voluntarily requests to be removed from the vegan meal pattern may not reapply for the pattern for a minimum of 30 days.

(5) Therapeutic Diets. Therapeutic diets for medical or dental reasons shall be provided as ordered by a Department of Corrections credentialed physician, clinical associate (physicians assistant, advanced registered nurse practitioner) or dentist. All orders for therapeutic diets shall be in writing. Non-standard therapeutic diets shall be approved by the public health nutrition program manager and the regional medical executive director. Therapeutic diets shall be served for a maximum of 90 days. Diets extending for periods longer than 90 days shall require a new diet order from the attending Department of Corrections credentialed physician, clinical associate (physicians assistant or advanced registered nurse practitioner) or dentist. Diet prescription orders must be received in food services prior to the expiration of the current prescription to avoid interruption of the therapeutic diet. The Public Health Nutrition Program Manager and the Public Health Nutrition Consultants shall be available for consultation by health and food service personnel regarding therapeutic diets.

(6) Religious Diets. The alternate entree and the vegan meal pattern provides meal options for the religious requirements of inmates.

(7) Meal attendance for inmates on the vegan meal pattern or a therapeutic diet shall be tracked using Form DC4-668, Diet Attendance Roster. Form DC4-668 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee FL 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01869. The effective date of the form is 12-12.

(a) An inmate on the vegan meal pattern who misses 10% or more of his or her vegan meals within a month will be removed from the vegan meal plan and may not re-apply for a minimum of six months.

(b) An inmate on a therapeutic diet who, following the orientation, misses 10% or more of his or her meals during the first month, or misses nine meals in any calendar month thereafter, is subject to disciplinary action.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-18-89, Amended 7-21-97, Formerly 33-30.003, Amended 8-9-00, 11-16-00, 10-2-01, 2-18-02, 7-2-03, 11-1-04, 2-27-05, 10-16-05, 1-17-06, 4-27-09, 3-3-10, 7-18-10, 12-30-12, 5-15-14.