Do I Have to Label All the Food in My RCFE?
Many RCFE administrators wonder, “Am I required to label and date all the food in my facility?” The short answer is no, there is no law or regulation in California that requires RCFEs to label and date stored food. Despite this, some Licensing Program Analysts (LPAs) still cite facilities for not doing so, using the broad Title 22 section 87555(a): “All food shall be selected, stored, prepared and served in a safe and healthful manner.” However, this section hasn’t been updated since 1989 and contains no specific rule about labeling or dating food. Evaluators are instructed not to use general provisions like this unless there’s an actual adverse impact on residents.
So where did this idea come from? Over the years, labeling has been described as a “good practice” or “best practice,” but good practices are not enforceable regulations. Title 22 section 87555(b)(23) only requires that perishable foods be stored in covered containers at safe temperatures, it doesn’t mention dates or labels. In other words, your job is to keep food properly covered and refrigerated at 40°F or below, not to label every Tupperware container in your fridge.
Some people confuse RCFEs with food facilities that fall under California’s Retail Food Code. But the Health & Safety Code (HSC 113789) specifically excludes RCFEs and other community care facilities from that category. This means that food handling laws for restaurants or commercial kitchens do not apply to residential care homes. Unless new legislation is passed, labeling and dating food remains optional, not a legal requirement. While it can still be a useful housekeeping habit, it should never result in a deficiency citation.
