79Service providing food and beverages

#### 79 Service providing food and beverages 79 Service providing food and beverages > > (1) The approved provider of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that— > > > > > (a) the food or beverage provided is nutritious and adequate in quantity; and > > > > > (b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account— > > > > > > > (i) each child’s growth and development needs; and > > > > > > > (ii) any specific cultural, religious or health requirements. > > > > Penalty: $2200. > > > (2) A nominated supervisor of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that— > > > > > (a) the food or beverage provided is nutritious and adequate in quantity; and > > > > > (b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account— > > > > > > > (i) each child’s growth and development needs; and > > > > > > > (ii) any specific cultural, religious or health requirements. > > > > Penalty: $2200. > > > (3) A family day care educator who provides food or a beverage to children being educated and cared for by the educator as part of a family day care service must ensure that— > > > > > (a) the food or beverage provided is nutritious and adequate in quantity; and > > > > > (b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account— > > > > > > > (i) each child’s growth and development needs; and > > > > > > > (ii) any specific cultural, religious or health requirements. > > > > Penalty: $2200. > > > (4) To avoid doubt, this regulation does not apply to food or a beverage provided by a parent or family member for consumption by the child. > > Note. > > A compliance direction may be issued for failure to comply with subregulation (1). > > **Reg 79:** Am 2017 (543), reg 25; 2023 (399), reg 20.