CONTENTSOn this page
New version effective 20 April 2026
This is the new version of the licensing criterion and associated guidance.
Criterion HS116#
Children must be seated and supervised by an adult while eating. The adult does not need to be seated but must:
- have clear visibility of children eating;
- not be engaged in any other tasks that can take away their focus;
- be close enough to the children to intervene, if necessary; and
- know how to respond if a child is choking or has an adverse reaction.
Where food is provided by the service, foods that pose a high choking risk are not to be served unless prepared in accordance with best practice as set out in Ministry of Health's guide: Reducing food-related choking for babies and young children at early learning services.
Where food is provided by parents, the service promotes best practices as set out in the Ministry of Health's guide and must inform all parents at the time of enrolment how to access a copy of the guide: Reducing food-related choking for babies and young children at early learning services.
Guidance#
How to show you are complying #
You need to make sure at least one adult supervises children whenever they eat. The adults must make sure the children are seated and oversee them closely. The adult must not be engaged in completing other tasks. They should be physically close enough to the child(ren) to closely observe their eating and intervene immediately, if necessary.
Adults supervising children must know how to respond to a child who is choking or has an adverse reaction. These might include having a first aid qualification (unit standard 6401 and 6402 or equivalent), know how to administer first aid, or know of other adults in the service who can. Adults who are supervising should also know your service’s procedures for responding to choking and adverse reactions.
An adverse reaction is wider than choking incidents
To supervise effectively, adults must watch for choking and watch for signs of an allergic reaction and food intolerance, like swelling, rashes, vomiting, or trouble breathing.
Children must be seated when eating
The supervising adult should make sure that each child supports their weight with their buttocks (not their feet) and keep their back upright. Whenever possible, the adult should seat children in a chair with their food placed directly in front of them. This setup helps prevent twisting to the side, which can cause them to lose control of the food in their mouth and increases the risk of choking.
Serving appropriate food
If you provide food to children, you should select appropriate food for individual children to minimise the risk of choking. You should not prepare food for children to eat that pose a high choking risk, unless it has been prepared in line with the Ministry of Health’s best practices guide.
This guidance outlines foods that should be excluded from services and how to alter other high-risk foods for different age groups (1 to 3 years, and 4 to 6 years).
If parents provide food for children at your service, you must promote the Ministry of Health’s best practices guide and give them information on how to access this guidance at enrolment. This could be providing a copy or a link.
