July, 2002

Information Bulletin 02-15
SLF-10 

Use of Food Guide Pyramid
Waiver Provision for Supervised Living Facilities (SLF's)

Purpose:

To establish a waiver of Minnesota Rule, 4665.3000 A-E, Dietary Service in a SLF, by substituting the most current version of the United States Department of Agriculture (USDA) Food Guide Pyramid in order to meet the recommended dietary allowances.

Minnesota Rule 4665.3000 A-E: Dietary Service currently states:

The food and nutritional needs of residents shall be met in accordance with their needs and shall meet the dietary allowances, as stated in the Recommended Dietary Allowances (RDA), National Academy of Sciences, seventh edition, 1968. Providing each resident the specified servings per day from each of the following five food groups will satisfy this requirement.

A.   Meat or protein group. Two or more servings per day. A serving of meat or protein is defined as: (1) two to three ounces cooked (equivalent to three to four ounces raw) of any meat without bone, such as beef, pork, lamb, poultry, or variety meats such as liver, heart, and kidney; (2) two slices prepared luncheon meat; (3) two eggs; (4) two ounces of fresh or frozen cooked fish, shellfish, or one-half cup canned fish; or (5) one cup cooked navy beans;

B.   Milk group. Two or more servings per day. A serving is defined as eight ounces (one cup) of milk. A portion of this amount may be served in cooked form, such as cream soups, desserts, etc.(1) one ounce of cheese for three-fourths cup milk; (2) three-fourths cup cottage cheese for one-third cup milk; or (3) one-half cup ice cream for one-fourth cup milk;

C.   Vegetable group. Three or more servings per day, one of which is deep green or yellow. A serving is defined as one-half cup.

D.   Fruit group. Two or more servings per day, one of which is citrus (i.e. orange, grapefruit) or tomato. A serving of citrus fruit or tomato is defined as: (1) one medium orange or four ounces of orange juice; (2) one-half grapefruit or four ounces of grapefruit juice; or (3) one large tomato or eight ounces of tomato juice;

E.   Cereal and bread group. Three to four servings per day of whole grain or enriched products. A serving is defined as:(1) one slice bread; (2) one-half cup cooked cereal; (3) three-fourths cup dry cereal; or (4) one-half cup macaroni, rice, or noodles.

STAT AUTH: MS s 144.56.

By following the provisions of the waiver set forth in this Information Bulletin, the SLF does not need to submit an individual request to the Department to use the Food Guide Pyramid. A copy of the Pyramid is attached and may be obtained at: http://www.nal.usda.gov/fnic/Fpyr/pyramid.html [expired link]

Waiver Provision of Minnesota Rule 4665.3000 A-E Dietary Service states:

The food and nutritional needs of residents shall be met in accordance with their needs and shall meet the dietary allowances, as stated in the RDA, National Academy of Sciences, tenth edition, 1989. The most current version of the USDA's Food Guide Pyramid contains an outline of food choices to eat each day. Providing each resident the specified servings per day from each of the five food groups will satisfy this requirement.

Waivers of all other Minnesota Rule requirements for SLF would need to be submitted in writing to the Minnesota Department of Health.

This waiver provision will remain in effect indefinitely; however, all waivers are subject to review as deemed necessary by the Minnesota Department of Health. Please remember that all alternative measures or conditions attached to a variance or waiver shall have the force and effect of the licensure rule(s) and shall be subject to the issuance of correction orders and penalty assessments in accordance with the provisions of Minn. Stat., section 144.653. The period of time for correction and the amount of fines specified for the particular rules for which the variance or waiver was requested, shall apply.

Please Note: Website addresses change from time to time. As MDH becomes aware of these changes, this bulletin will be updated to reflect the current change.

If you have any questions regarding this Information Bulletin, please contact in writing:

Minnesota Department of Health
Health Regulation Division
Licensing and Certification Program
85 East Seventh Place, Suite 300
PO Box 64900
St. Paul, Minnesota 55164-0900
Telephone: (651) 201-4101.