US · guidance
CMS SOM App. U, Tag R141
§403.734(a) Standard: Sanitary Conditions
The RNHCI must furnish food to the patient that is obtained, stored, prepared,
distributed, and served under sanitary conditions.
Interpretive Guidelines: §403.734(a)
Sanitary conditions means storing, preparing, distributing, and serving food properly to
prevent food-borne illness. Potentially hazardous foods must be subject to continuous
time/temperature controls to prevent either the rapid and progressive growth of infectious
or toxigenic micro-organisms, such as Salmonella, or the slower growth of Clostridium
Botulinum. In addition, foods of plant origin become potentially hazardous when the
skin, husk, peel, or rind is breached, thereby possibly contaminating the fruit or vegetable
with disease-causing micro-organisms. Potentially hazardous food tends to focus on
animal products, including but not limited to milk, eggs, and poultry.
Food Service & Distribution:
Food and drinks should be prepared in a sanitary setting, including use of gloves by food
service staff. Food should be served in accordance with industry standards for food
safety, such as temperature and refrigeration. Cold food products requiring refrigeration
should be served to patients in a manner which does not compromise the quality or make
the product unsafe for consumption. The food should be protected from contamination as
it is transported to the patient room or dining area.
Temperature Controls:
Improper holding temperature is a common contributing factor of food borne illness. The
facility must follow proper procedures in cooking, cooling, and storing food according to
time, temperature, and sanitary guidelines. Improper handling of food can cause
Salmonella and E-Coli contamination.
Refrigerated storage should be in accordance with state laws and manufacturer
instructions. The RNHCI is responsible for checking all refrigerators and freezers for
temperatures.
Dishwashing: The current Food Code, DHHS, FDA, PHS recommends the following
water temperature and manual washing instructions. Refer to
https://www.fda.gov/food/fda-food-code/food-code-2022 or the latest version published.
The RNHCI is expected to follow accepted standards of practice in regards to food
storage and handling to protect the health and safety of patients
Survey Procedures:
• Observe storage, cooling, and cooking of food. Record the time and date of all
observations performed. If a problem is noted, conduct additional observations
to verify findings.
• Observe that employees are effectively cleaning their hands prior to preparing,
distributing and serving food. Observe that food is covered to maintain
temperature and protect from other contaminants when transporting meals to
patients.
• Refrigerated storage: Check all refrigerators and freezers for temperatures. Use
the facility’s or the surveyor’s own properly sanitized thermometer to evaluate
the internal temperatures of potentially hazardous foods with a focus on the
quantity of leftovers and the container sizes in which bulk leftovers are stored.
• Food preparation: Use a sanitized thermometer to evaluate food temperatures.
In addition, how do kitchen staff process leftovers? Are they heated to the
appropriate temperatures? How is frozen food thawed? How is potentially
hazardous food handled during multi-step food preparation (e.g., chicken salad,
egg salad)? Is hand contact with food minimized?
• Food service: Using a properly sanitized thermometer, check the temperature of
hot and cold food prior to serving. How long is milk held without refrigeration
prior to distribution?
• Food distribution: Is the food protected from contamination as it is transported
to the dining rooms and residents’ rooms?
• Are hand washing facilities convenient and properly equipped for dietary
services staff use? (Staff uses good hygienic practices and staff with
communicable diseases or infected skin lesions do not have contact with food if
that contact will transmit the disease.)
• Are toxic items (such as insecticides, detergent, polishes) properly stored,
labeled, and used separate from the food?
• Observe food storage rooms and food storage in the kitchen. Are containers of
food stored off the floor and on clean surfaces in a manner that protects it from
contamination? Are other areas under storage shelves monitored for cleanliness
to reduce attraction of pest?
• Are potentially hazardous foods stored at 41º F or below and frozen foods kept
at 0º F or below, or consistent with the policies and industry standards for
safety?
• Do staff handle and cook potentially hazardous foods properly?
• Is food transported in a way that protects against contamination (i.e., covered
containers, wrapped, or packaged)?
History
Rev. 239; Issued: 04-24-26; Effective: 04-24-26; Implementation: 04-24-26
Provenance
- Source
- cms.gov
- Retrieved
- 2026-07-22
- Edition
- som-2026-07-22
- Content hash
1bb792b9e4d8fcd2df76d2e523ef87b81129a3e9636093e2b2a65e96541b4004
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