Assisted Living Kitchen/Food Service Information

The new law went into effect August 1, 2021.

The kitchens/food service at Assisted Living facilities will be inspected every two years, as part of the facilities’ initial and re-licensing process. Kitchens may also be inspected at any time as part of a complaint investigation.

The new Assisted Living Licensure law establishes new regulations across a wide spectrum of life and safety measures for residents in Assisted Living facilities including food safety, facility design, staffing levels, training, and other person-centered protections.

The duties for investigating water and foodborne illnesses at Assisted Living facilities in delegated jurisdictions transferred to MDH EH on August 1, 2021.

Delegated agencies will be notified if a foodborne or waterborne illness outbreak is being investigated at a facility in their jurisdiction. MDH EH will continue to be primarily responsible to conduct foodborne and waterborne illness investigations in licensed Assisted Living facilities.

As part of the new Assisted Living Licensure, kitchen plan reviews will be done by MDH HRD and incorporated into the plan reviews of Assisted Living facilities.

A list of licensed Assisted Living Providers is posted on the MDH website and updated daily. To search for licensed Assisted Living Facilities, use the Health Care Provider Directory. Select Assisted Living Facilities in Step 1 and your preferences in Step 2.

Note: Assisted Living facilities previously licensed by MDH EH and local delegated partners for food and lodging are exempt from obtaining a license from MDH EH and local delegated partners. However, the licensing exemption does not apply to other types of licenses, such as Comprehensive Home Care, that are issued by MDH HRD.

MDH HRD will license and MDH EH will inspect all food service areas operated by the entity that obtained the Assisted Living license, regardless of whether the food is served to the public or only to residents. MDH EH and delegated agencies will continue to license and inspect food and beverage establishments operated by outside parties that use the facilities or independent businesses renting a space. These entities are required to obtain a separate food license from MDH EH or delegated agency.

Some examples of businesses that may continue to be licensed by MDH EH and delegated agencies include a coffee shop run by an outside vendor, or an organization where an outside vendor uses the facility’s kitchen to prepare food.

If you are uncertain who should license a particular establishment, please contact:

MDH HRD Assisted Living Licensure at health.assistedliving@state.mn.us.

Food, Pools, and Lodging Services (FPLS) using the FPLS Contact Us online form.

Fees paid by Assisted Living providers for kitchens/food licenses at Assisted Living facilities prior to August 1, 2021, will remain with MDH EH or local programs. These fees paid to MDH EH and locally delegated agencies will not be prorated, partially or fully refunded.

Housing with Services registrations will no longer be offered after August 1, 2021. All Housing with Services establishments that have not converted to an Assisted Living License are prohibited from providing assisted living services effective August 1, 2021.

In addition, a process will be established to review an establishment’s licensure when MDH EH or a locally delegated partner, identify an establishment not licensed as an Assisted Living facility and MDH EH, or the locally delegated partner, have concerns about potential Assisted Living services being provided.

All pools and spas will continue to be licensed and inspected by MDH EH and delegated programs.

Well inspections for nonpublic water supplies will be conducted by MDH EH at the time of the kitchen inspection. The MDH Drinking Water Protection Section will inspect the wells for public water supplies during their annual site visits. Water sampling will be conducted by the drinking water protection section for all systems that meet the definition of a public water supply. For systems that do not meet the definition of a public water supply, the Assisted Living facility is responsible for sampling and maintaining documents in compliance with the MN Food Code, Minnesota Rules, parts 4626.1005 and 4626.1010.

Local organizations and the public can send non-illness complaints to MDH’s Health Regulation Division by phone at 651-201-4200, email at health.assistedliving@state.mn.us, or via the Assisted Living Licensure website. To report a suspect foodborne or waterborne illness:

• Call 1-877-FOOD-ILL (1877-366-3455) from within Minnesota, or
• Submit your report using the Foodborne and Waterborne Illness Report, our confidential online survey, or
• Email health.foodill@state.mn.us

Some equipment must be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program. See the Equipment Requirements fact sheet for more information about general requirements and exemptions.

See the CFPM fact sheet for more information.