Compliance with Food Procurement Requirements for Nursing Homes with Gardens

The Centers for Medicare & Medicaid Services (CMS) and the Food and Drug Administration (FDA) have received inquiries from nursing homes and State survey agencies asking if Federal law permits nursing homes to have produce gardens and use the foods harvested on the menu for any portion of the resident population. Residents can benefit from having a variety of fresh foods for their consumption, as long as the dangers of food-borne illness are mitigated to the greatest extent possible through the facility. The facility should be following safe food handling practices once foods are harvested and brought to the kitchen for preparation.