F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
L

Improper Food Storage and Service Due to Refrigerator Temperature Failures

Whispering Oaks Rehab & NursingCuero, Texas Survey Completed on 05-24-2025

Summary

The facility failed to ensure that food was stored, prepared, and served under sanitary conditions, as required by professional standards. Over several days, the walk-in refrigerator recorded temperatures in the danger zone, with logs showing readings as high as 70°F and multiple instances above 50°F. Despite these out-of-range temperatures, food from the refrigerator, including milk, bacon, sausage, and eggs, was served to residents. Staff interviews revealed uncertainty about whether food was discarded during the periods of improper refrigeration, and there was no documentation of individual food item temperatures being checked during the affected days. Multiple staff members, including the Administrator, DON, Dietician, and Food Service Supervisor (FSS), were either unaware of the refrigerator's malfunction or did not take appropriate action to ensure food safety. The FSS and dietary staff indicated that food was served from the refrigerator during the days with danger zone temperature readings, and there was no evidence that food was discarded until after the refrigerator was repaired. The facility's policy required discarding food stored at improper temperatures, but this was not consistently followed. Additionally, the Dietician was not notified of the refrigerator issue, and staff had not received training on danger zone temperatures or corrective actions until after the surveyor's entrance. Residents with compromised immune systems and other vulnerabilities were among those who consumed food potentially stored at unsafe temperatures. Interviews with residents indicated that they ate the food provided and did not report significant gastrointestinal symptoms during the week in question. However, the lack of proper food storage and handling placed all residents at risk for food contamination and foodborne illness, as identified by the surveyors.

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

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See other F0812 citations
Improper Sealing, Dating, and Storage of Dry and Refrigerated Foods
F
F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
Short Summary

Surveyors found that kitchen staff failed to follow facility policy and professional standards for food storage, leaving dry items such as spaghetti noodles, garlic powder, and salt unsealed, and refrigerated items such as a prepared drink, salad, and turkey lunch meat uncovered or undated. The DM and ADM both stated that all food should be sealed, labeled, and dated, that all staff are responsible for these tasks, and that staff had been trained, but observations showed food in both dry and refrigerated storage was not properly sealed or dated as required by the facility’s food receiving and storage policy.

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.
Dirty can opener and contaminated dry storage bins
E
F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
Short Summary

Dirty can opener and contaminated dry storage bins: The DCS observed four labeled dry-goods bins with dirty rims, dry matter on the bin walls, and a scoop left inside a flour bin with flour on it. The attached can opener also had dry red matter on the blade, and the cook said it had been used that morning to open cream of corn for lunch. The DCS verified the findings and stated the can opener should be washed after each use and the dry bins and scoops should be kept clean.

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.
Kitchen Food Storage and Sanitation Deficiencies
F
F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
Short Summary

Kitchen staff failed to properly date-mark, store, and discard food items, with multiple opened or undated foods found in a walk-in refrigerator past the facility’s 7-day limit or otherwise not labeled. Surveyors also observed wet stacked pans, uncovered utensils with crumbs, and staff personal items such as a cell phone, keys, snacks, and drinks in food prep and storage areas. The MNFS-C stated foods should be dated when opened and discarded after 7 days, and acknowledged concerns about contamination.

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.
Wet Steam Table Pans Stored Before Drying
F
F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
Short Summary

Wet steam table pans were found stacked before fully air drying, with water dripping from two pans onto the pans below. The DM stated the pans should have been completely dry before storage and that staff may have been in a hurry. The administrator stated dishes were expected to be dry before storage, and the facility policy and FDA Food Code required dishes and prep equipment to drain and air dry before being stacked or stored.

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.
Expired Foods, Unsafe Thawing, and Unsanitary Kitchen Storage
F
F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
Short Summary

Expired buttermilk and undated pre-made salads were found in the prep-area refrigerator, while thawing meats in the walk-in cooler were stored together on the same tray in blood juices and one sleeve of ground beef had a hole with exposed dried meat. The walk-in freezer was overcrowded with boxes blocking the walkway, open seafood was left unsecured, thawed chicken was placed on a plastic cover on the floor, and the cooler floor had spilled juices, debris, and a dirty cup. The cook and C-B confirmed the storage and thawing problems, and the admin acknowledged ongoing concerns with expired items and kitchen cleaning.

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.
Unsanitary Walk-In Freezer and Ice Scoop Storage Practices
F
F0812 F812: Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.
Short Summary

Surveyors found that the facility did not maintain sanitary conditions in the walk-in freezer and ice machine area. Ice buildup on freezer lines was encroaching on a box of burritos, and an ice scoop holder attached to the ice machine contained standing water with two scoops resting in it and no visible drainage. The Dietary Manager acknowledged the recurring ice buildup and reported that the standing water issue had not previously been raised. These practices did not follow the facility’s policies for food safety, storage, and ice machine preventative maintenance and had the potential to affect 46 residents who consumed food from the kitchen.

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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