F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
E

Unsafe Storage of Perishable Foods Brought by Visitors

Bayberry Skilled Nursing & Healthcare CenterConcord, California Survey Completed on 01-08-2026

Summary

The facility failed to ensure that residents had a safe location to store perishable foods brought in by family and other visitors, and it also failed to keep residents’ food separated from facility food. During a concurrent observation and interview in the kitchen, a resident’s popsicles were seen stored in the reach-in freezer with facility food, and the DC stated that the popsicles were kept there for the resident to eat at any time. The report also states that the facility had 78 residents who consumed food out of a total census of 78. During interviews, CNA 4 stated the facility did not have a refrigerator and that perishable food had to be consumed immediately. RNS 2 similarly stated there was no way to store perishable food and that residents had to consume food from outside right away. Review of CMS S&C-09-39 showed residents have the right to accept food from visitors, family, friends, or other guests, and that facilities are responsible for helping visitors understand safe food handling practices. Review of the facility policy titled Foods Brought by Family/Visitors, dated March 2022, stated perishable foods cannot be stored in the facility and should be consumed within two hours. RD 2 was informed of the findings and acknowledged them.

Penalty

No penalty information released
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0813 citations
Spoiled, Expired Meat Left in Resident Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident’s personal refrigerator contained expired [NAME] salami that was greyish and sitting in sour-smelling liquid, and the resident said he did not know it was spoiled and would have eaten it. The resident had vascular dementia, diabetes, and a hx of stroke with cognitive deficits, while staff gave conflicting accounts of who was responsible for checking resident refrigerators and removing expired food.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled Perishable Food Stored in Resident Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident's thermal bag in the residents' refrigerator contained perishable food, including raw organic kraut and another liquid container, that was not labeled with storage or expiration dates. The resident had cognitive impairment and needed assistance with several ADLs, while an LVN and the DSS stated refrigerated food should be labeled and dated to support food safety. The facility policy required visitor-brought perishable food to be clearly labeled and discarded after 48 hours if not consumed.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled and Undated Food in Resident Nourishment Refrigerator
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Unlabeled and undated food items were found in a resident nourishment refrigerator used for personal food storage, including opened and unopened dairy, salad, and frozen items with missing open dates or use-by dates. The DM and ADM stated no one was monitoring the refrigerator, and the facility policy required food brought in by family or visitors to be labeled, dated, and discarded if not used within 3 days.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Lack of Policy for Personal Food Storage Amid Rodent Infestation
C
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

The facility lacked a policy for personal food storage while rodent feces was observed in resident rooms and throughout the facility. Food items were stored in residents’ rooms, the owner reported an ongoing rodent infestation, and the DON and an LPN stated no education had been provided to residents or staff about reducing or controlling the infestation or food storage in rooms. The administrator stated there was no policy on personal food storage.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unlabeled and Undated Food Items Found in Residents’ Refrigerators
D
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

Unlabeled and undated food items were found in two residents’ personal refrigerators, including watermelon pieces and an opened cheese dip container with fuzzy patches. An RN confirmed the watermelon was not labeled or dated, and an LVN confirmed the cheese dip was also unlabeled and undated. The DON stated perishable items in residents’ refrigerators should be labeled and dated, and nursing staff were responsible for removing unlabeled or undated food items daily.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Refrigerator Temperature Above Required Limit
E
F0813 F813: Have a policy regarding use and storage of foods brought to residents by family and other visitors.
Short Summary

A resident refrigerator in the Activity/Dining Room was observed at 51 degrees F during an observation and interview with the DS. The DS stated the temperature should be 41 degrees F or below to keep food safe, and noted the food in the refrigerator had been brought in by residents' family and visitors. The facility policy required refrigerator temperatures to be 41 degrees F or below.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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