38 CFR §51.140
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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—
- (d)Food. Each resident receives and the facility provides—
- (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—