In short: the menu is set by the unit and approved by its medical staff, within the limits of Health Ministry Order no. 1,563/2008 (the list of foods not recommended for preschoolers) and Law no. 123/2008. For allergies, you have two concrete levers: the legal obligation to declare the 14 major allergens (EU Regulation 1169/2011) and a written medical recommendation, on which basis the unit adapts the menu.
Food is one of the most common daily worries for parents in Cluj — and one of the few areas where you have clear rights, if you know what to ask for.
Who sets the menu, and what rules apply?
The menu is drawn up at unit level, usually by a designated team, and is approved by the unit’s doctor or medical assistant and signed off by management. It is not left to the kitchen’s discretion.
The legal framework has two main pieces:
- Law no. 123/2008 on healthy nutrition in education units — defines healthy eating in collective settings.
- Health Ministry Order no. 1,563/2008 — approves the List of foods not recommended for preschoolers and schoolchildren and the principles of healthy nutrition for children and adolescents.
The practical consequence: within education units it is prohibited to sell products falling within the criteria and limits in that list (products with excess sugar, salt or fat, caffeinated drinks and so on). Operators distributing food in education units must prove composition through labels, manufacturer specifications or analysis reports.
State vs. private
| Aspect | State kindergarten / nursery | Private unit |
|---|---|---|
| Nutrition legal framework | Identical (Law 123/2008, Order 1,563/2008) | Identical |
| Allergen declaration | Mandatory (EU Reg. 1169/2011) | Mandatory |
| Kitchen | On-site or catering | On-site or catering, varies widely |
| Special menus | Where feasible, with medical recommendation | Often more flexible, sometimes at extra cost |
| Menu publication | Frequently posted on the notice board | Frequently in an app or on the website |
Food safety rules are the same. What differs is operational flexibility and sometimes cost. If you are assessing the true cost of a private unit, see hidden costs at private kindergartens and hidden costs at private nurseries.
The 14 allergens: what the unit must tell you
Since 13 December 2014, EU Regulation no. 1169/2011 has required all food business operators — including canteens and education units — to inform the final consumer about substances that can cause allergies or intolerances.
The 14 major allergens that must be declared:
- Cereals containing gluten
- Crustaceans
- Eggs
- Fish
- Peanuts
- Soybeans
- Milk (including lactose)
- Tree nuts (walnuts, almonds, hazelnuts etc.)
- Celery
- Mustard
- Sesame seeds
- Sulphur dioxide and sulphites
- Lupin
- Molluscs
The obligation applies to non-prepacked food too, cooked and served on the spot — exactly the case of a kindergarten canteen. Blanket statements such as “all our products contain allergens” are not permitted: the information must be specific to each dish.
What you can concretely ask for as a parent:
- The weekly menu in advance, in writing.
- The allergen list per dish, not a general declaration.
- Who the supplier is (on-site kitchen or catering) and how they manage cross-contamination.
What to do if your child has a food allergy
The steps that work, in order:
1. Get a written medical document. A certificate or recommendation from your family doctor, allergist or paediatrician, with the exact allergens and, ideally, the accepted alternatives. Menu adaptation is done on the basis of a medical recommendation — without paperwork, the unit has no grounds to change anything.
2. File the document with the unit, in writing. Not just verbally with the teacher. Ask for it to be registered and to reach the medical assistant and the kitchen.
3. Request a conversation with the unit’s medical staff. The medical assistant is the person who adapts menus for special needs (allergies, medical diets) based on the recommendation.
4. Agree a protocol for reactions. Who administers medication, where it is stored, who to call first. If there is a risk of anaphylaxis, this point matters more than the menu itself.
5. Check the “unofficial” snacks too. Birthdays, parties and sweets brought in by other parents are the classic source of accidents. Ask for a written rule at group level.
6. Confirm what was agreed in writing. A short summary email to the unit after the conversation gives you a documented trail.
If the unit cannot accommodate a severe allergy, ask explicitly — it is far better to find out before September. See also how to choose the right kindergarten.
Questions to ask at the pre-enrolment visit
Add these to your list when visiting a unit in Cluj:
- Do you have an on-site kitchen or catering? Who is the supplier?
- Who approves the menu, and how often does it change?
- How do you communicate the menu to parents, and how far in advance?
- How do you manage food allergies and cross-contamination?
- What happens if a child consistently refuses food?
- Are there additional snacks, and are they included in the fee?
- What is the rule for food brought from home?
At state units the monthly fee generally covers meals only — details in our guides on public or private nursery and nursery fee exemptions and reductions.
Frequently asked questions
Who sets the menu at kindergarten and nursery? The menu is drawn up at unit level and approved by the doctor or medical assistant, within the limits of Law no. 123/2008 and Health Ministry Order no. 1,563/2008 on foods not recommended for preschoolers.
Is the kindergarten obliged to tell me which allergens the food contains? Yes. EU Regulation no. 1169/2011 requires all food business operators, including canteens, to provide information on the 14 major allergens. The information must be specific per dish, not a general statement.
Can the menu be adapted for a child with an allergy? Yes, based on a written medical recommendation. The unit’s medical assistant adapts menus for allergies and medical diets. File the document in writing and ask for confirmation.
Which foods are banned in kindergartens? Those falling within the list of foods not recommended for preschoolers and schoolchildren in Health Ministry Order no. 1,563/2008 — generally products high in sugar, salt and fat, plus drinks not recommended for children.
Can I send food from home? It depends on the unit’s internal regulations and food safety rules. Ask explicitly before enrolling, especially if the reason is an allergy.
Are the rules different at private kindergartens? The legal framework on nutrition and allergens is the same. What differs is operational flexibility, how the menu is communicated, and sometimes the cost of special menus.
Sources
- Health Ministry Order no. 1,563/2008 — list of foods not recommended for preschoolers and schoolchildren (PDF) — Public Health Directorate
- Order no. 1,563/2008 — full text — Lege5
- Law no. 123/2008 on healthy nutrition in education units (PDF)
- Regulation (EU) no. 1169/2011 on the provision of food information to consumers — EUR-Lex
- Regulation 1169/2011 — PDF version — ANPC
Conclusion
On food you have more rights than you think: a medically approved menu, foods banned by ministerial order, and mandatory declaration of the 14 allergens. Your strongest lever is the written medical document — it turns a request into an obligation for the unit.
When comparing units in Cluj-Napoca, use the piticluj.ro interactive map and ask the menu questions at your first visit. See also our data sources.