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September 15, 2022 Ann Dettmann, Authorized Agent Little Saints Preschool 428 IRVING AVE NW Elk River, MN 55330-1421 License Number: 1065166 (Child Care Ctr) Program Location: 428 Irving Ave, Elk River, MN 55330 Dear Ann Dettmann: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 1 from the Correction Order issued to you by the Department of Human Services on November 19, 2021. You did not request reconsideration of the remaining citations, and, as a result, those citations are final and not subject to review. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION: Citation 1. Menus did not comply with the nutritional requirements of the USDA. Menus did not include: · at least one whole grain rich food per day; and · the type of milk (whole, 1%, skim). Your Response. You stated that the licensor looked only at the lunch menu, and did not consider the snack menus in the classroom. You stated that you serve at least one whole grain rich food every day, because the school lunch program is run by the state. You ensure compliance by ensuring a whole grain item is on the snack menu, and attached a copy of the menu from the week of the licensing visit. Applicable Law. When food is provided by the license holder, menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Minnesota Rules, part 9503.0145, subpart 2. At least one serving per day, across all eating occasions of bread, cereals, and grains, must be whole grain-rich. Code of Federal Regulations, title 7, section 226.20. Each meal must include the following food components: milk, vegetables, fruits, grains, and protein. United States Department of Agriculture, Food and Nutrition Service, in Code of Federal Regulations, title 7, section 226.20. Minnesota Rules, part 9503.0145, subpart 4. Different age groups must be served milk with the specified fat content and flavor specification contained in Code of Federal Regulations, title 7, section 226.20(a)(1).
Reconsideration Determination. You did not dispute the citation related to the type of milk. That portion of the citation is affirmed. When license holders provide food, they are responsible for ensuring that the food provided complies with the United States Department of Agriculture (USDA) nutritional requirements, even if the food is prepared by a third-party contractor or vendor. During the licensing visit, the DHS licensor reviewed the program’s menu, and informed you that the daily whole grain was missing from the menu. You did not provide any additional menu at the time, or inform the licensor that another menu was available. The menu included in the request for the reconsideration was not raised or made available to DHS during the licensing visit or when the issue was discussed during the exit interview. The Commissioner appreciates your efforts to maintain compliance with the USDA nutritional requirements. However, the record supports finding that–at the time of the licensing visit–the menu provided to DHS did not meet the USDA nutritional requirements. As such, Citation 1 is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 1 is supported by the record and affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the children you serve. Sincerely,  Afsheen Foroozan, Attorney Legal Counsel’s Office Office of Inspector General
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