---
kind: "section"
citation: "38 C.F.R. § 51.140"
title: "38"
number: "51.140"
heading: "Dietary services."
url: "https://uscodex.org/cfr/38/51.140"
---

# §51.140. Dietary services.


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.

## Notes

### Amendments

[65 FR 968, Jan. 6, 2000, as amended at 83 FR 61276, Nov. 28, 2018]

### Authority

Authority: 38 U.S.C. 101, 501, 1710, 1720, 1741-1743, 1745, and as follows. Section 51.20 and 51.30 also issued under 38 U.S.C. 511, 1742, 7104 and 7105. Section 51.42 also issued under 38 U.S.C. 510, 1744, and Pub. L. 116-315 section 3007. Section 51.43 also issued under 38 U.S.C. 1712. Section 51.51 also issued under Pub. L. 116-315 section 3007. Section 51.310 also issued under 38 U.S.C. 1720(f).

### Source

Source: 65 FR 968, Jan. 6, 2000, unless otherwise noted.

### Amendments

[65 FR 968, Jan. 6, 2000, as amended at 83 FR 61276, Nov. 28, 2018]