Childcare nutrition, food and dietary requirements policy: regulations 77 to 80

Last reviewed: 29 October 2026. Checked against the Education and Care Services National Regulations, reprint current as at 12 August 2026.

This page sets out regulations 77 to 80, the allergy and dietary provisions elsewhere in the Regulations, state food law that applies on top, a contents checklist, and what officers look for under Element 2.1.3.

What regulation 168 requires

The provisions the procedures must comply with

Provision	What it requires	Penalty
r 77	The provider, nominated supervisor and family day care educator must each ensure adequate health and hygiene practices and safe practices for handling, preparing and storing food, to minimise risks to children.	$6,600 each
r 78	Children have access to safe drinking water at all times and are offered food and beverages appropriate to the needs of each child on a regular basis throughout the day.	$6,600 each
r 79(1)–(3)	Where the service provides food or drink: nutritious and adequate in quantity, chosen having regard to each child’s dietary requirements, taking into account growth and development needs and any specific cultural, religious or health requirements.	$6,600 each
r 79(4)	Regulation 79 does not apply to food or drink provided by a parent or family member for the child.	Exception
r 80	Where the service provides food and beverages (other than water): a weekly menu displayed where parents can see it that accurately describes the food and beverages to be provided each day.	$3,300 each
r 90(1)(c)(iii)(B), (C)	For a child with a specific health care need, allergy or medical condition, the risk minimisation plan must, where relevant, cover safe handling, preparation, consumption and service of food, and notifying parents of known allergens and the strategies to minimise the risk.	Part of the medical conditions policy
r 160(3)(h), r 162(c), (e)	The enrolment record holds special considerations including cultural, religious or dietary requirements, allergies including anaphylaxis risk, and dietary restrictions.	Prescribed record
r 173(2)(f)(i)	A notice that a child diagnosed at risk of anaphylaxis is enrolled must be displayed where the prescribed information is displayed.	s 172: $10,200 / $51,600
r 136	An educator with an approved anaphylaxis management qualification in attendance and immediately available at all times.	$6,600
r 94	Medication may be given without authorisation in an anaphylaxis or asthma emergency; parent and emergency services notified as soon as practicable.	Exception to r 93

State food law applies on top. A service that prepares food is a food business under the state Food Act and the Food Standards Code, and in most jurisdictions must notify or register with the local council and have a food safety supervisor; a service handling food for vulnerable persons, which includes children in care in several states, is subject to the higher food safety program requirements in Standard 3.3.1 of the Code. The policy should name the state Act and the council registration the service holds.

What the policy must contain

1. Nutrition standard the service adopts: the Australian Dietary Guidelines and the Infant Feeding Guidelines, the proportion of daily requirements the service aims to provide for a child in care for a full day, and how the menu is planned and reviewed by someone with the knowledge to do it.
2. Menu display under regulation 80: where, how changes on the day are shown, and the rule that what is served matches what is displayed.
3. Drinking water at all times (regulation 78): how it is offered to babies, toddlers and older children, indoors, outdoors and on excursions, and in hot weather.
4. Individual requirements: how cultural, religious and health requirements from the enrolment record (regulation 160(3)(h)) are translated into the kitchen’s daily list, and how changes are communicated to the cook and the room.
5. Allergies and anaphylaxis: the link to each at-risk child’s medical management plan and risk minimisation plan under regulation 90, the allergen controls in the kitchen and at the table, the service’s position on nuts and other high-risk foods, the regulation 173 notice, and the regulation 136 qualified educator present at every meal.
6. Food brought from home: regulation 79 does not apply, but the policy should set the service’s guidance to families, the storage and heating arrangements, and how a lunchbox that conflicts with another child’s allergy plan is managed.
7. Infant feeding: expressed breast milk and formula handling, labelling, storage temperatures, bottle preparation (and the exclusion of bottle-preparation areas from unencumbered space under regulation 107(3)(a)(iii)), and never propping bottles.
8. Food safety under regulation 77 and the state Food Act: temperature control and records, cleaning and sanitising, hand washing, the food safety supervisor, personal hygiene and illness exclusion for food handlers, and allergen cross-contact controls.
9. Mealtime practice: educators seated with children, children never force-fed or food used as reward or punishment (regulation 155 and section 166), choking risk controls by age (grapes, nuts, hard raw vegetables), and supervision while eating under section 165.
10. Cooking with children: supervision, hygiene and the regulation 107(3)(b) note that a kitchen used primarily by children as part of the program can count as indoor space.
11. Family day care: the educator’s duties under regulations 77(3), 78(3), 79(3) and 80(3), and the provider’s monitoring of them.

What assessors look for

Food is assessed under Element 2.1.3 (healthy eating and physical activity promoted and appropriate for each child) and Element 2.1.2 (health practices and procedures), with allergy management under Element 2.2.1. Officers compare the displayed menu to the meal served, check the kitchen’s allergy list against enrolment records, watch a mealtime, and look for water available outdoors. In services that cook, they ask for the council registration and the temperature log.

Common gaps

• Menu displayed from a previous week, or a template menu that does not reflect what is served.
• Allergy list in the kitchen not updated when a new child enrolled.
• Water offered only at set times outdoors.
• A policy on nutrition with no food safety section, or the reverse.
• Risk minimisation plans that say “avoid allergen” with no procedure for how the kitchen and the room do it.

Frequently asked questions

This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.