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September 19, 2024 LeAnn Dietl, Authorized Agent Appletime, Inc. P.O. Box 212 #21051 John Milless Drive Rogers, MN 55374-9464 License Number: 1077407 (Child Care Center) Program Location: 21051 John Milless Drive, Rogers, MN 55374-9464
Dear LeAnn Dietl: On September 5, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citation in the Correction Order (Attachment A) issued to you by the Department of Human Services on August 28, 2024. SUMMARY OF CITATION AND RECONSIDERATION DETERMINATION:
Citation 1: Violation: Menus did not comply with the nutritional requirements of the USDA. Menus did not include: a meat or meat alternate; and a grain. Specifically, through documentation provided by the license holder, “Cook’s Choice” was listed on the menu. The specific menu item served must be listed on the menu. Request for Reconsideration. You indicate in your reconsideration request that the term “Cook’s Choice” has been used in menu planning for most centers and that you have used the term for many years with successful approval. You indicate that the term refers to leftover day, on which frozen hot dishes are removed from the freezer and used to avoid waste and help with food cost. You indicate that the leftovers were meals that were previously approved and being served again after being frozen. Applicable Law. Minnesota Rules, part 9503.0145, subpart 2, when food is provided by the license holder, menus must comply with nutritional requirements of the United States Department of Agriculture (USDA), Food and Nutrition Service, Code of Federal Regulations, title 7, section 226.20. Reconsideration Determination. The applicable rule requires that menus must comply with the nutritional requirements of the USDA, which requires a meat or meat alternate and a grain. When “Cook’s Choice” is listed as a menu item, the menu does not specify what is being served and whether guidelines are being met. There is sufficient evidence to support the citation and it is affirmed. Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citation, and it is affirmed. Previously Ordered Corrective Action: In the Correction Order issued on August 28, 2024, you were ordered to correct the violations cited and submit documentation of such action to your licensor. A request for reconsideration does not stay any provisions or requirements of the correction order. Minnesota Statutes, 245A.06, subdivision 2(a). If you have not done so already, please immediately comply with the previously ordered corrective actions for all uncontested and affirmed violations. 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,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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