The federal Department of Agriculture (USDA) and the Food and Drug Administration (FDA) have the authority to regulate food labeling in their respective areas, but they do not exercise that authority and do not enforce a standardized system for dating food products.
Florida does not have any law or regulation that imposes a penalty on distributors of food products that sell their products when they are past their sell-by dates. An attorney consultation with a Florida lawyer would provide a person with additional information about Florida’s food safety system.
The Federal Food and Drug Administration offers a Retail Food Code. This Code regulates food expiration dates in the U.S., including in the state of Florida. The federal Retail Food Code does not ban the sale of food that is past the “expiration” date shown on a food product’s label. That is because food, in fact, does not really “expire” on its expiration date.
The FDA does not require the use of the phrases “expired by,” “use by,” or “best before” dates on food products. Manufacturers have created these concepts and phrases. Federal law and regulations only require that food be wholesome and safe to consume.
According to FDA regulations, food products that are distributed to the public should not cause consumers illness or injury. This degree of safety is achieved by food safety regulations published and enforced by federal, state, and local food safety departments, along with food safety measures that are implemented by the wholesale and retail food processing industry.
The most common messages involving dates communicated on food packaging and what they mean are as follows:
- “Best if used by:” This is a date generated by the manufacturer. It tells a consumer that the food product offers its best flavor and quality if it is consumed before the date shown. The food product is still safe for consumption after this point. However, its taste may not be optimal if it is consumed after this date.
- “Use by:” This is a date also generated by the manufacturer. It means that the food product is safe to eat after this date, but, again, the flavor and quality may not be as good as they would be when it is initially produced.
- “Sell-by:” This date is aimed at retailers, e.g., grocery stores. It tells them that the manufacturer wants the food product removed from retail shelving after this date.
Other numbers, letters, and dates printed on food products represent information used by manufacturers to track their food products in the event there is a recall.
Foods past their “best if used by”, “use by,” or “sell-by” date may be sold to consumers if they are still “wholesome and fit for consumption.”
Since product dates are not a guide for safe use of a food product, consumers may wonder for how long they can store the food and still feel confident that it can be consumed. Experts suggest the following:
- Purchase: Purchase the product before the date recommended by the manufacturer.
- Storage: If a food product is refrigerated when it is purchased or labeled, “keep refrigerated”, a consumer should take it home immediately after purchase and refrigerate or freeze it right away.
- Recommendations: Follow any recommendations printed on the product.
- Fresh meat products: The USDA does recommend respecting “use-by” or “sell-by” dates for fresh, uncooked meat products.
What Is a Food Safety Lawyer?
There are both Florida and federal laws that regulate the production of food, its distribution and consumption. The goal of these laws is to protect consumers, while also making possible efficient agricultural and the processing of food in the U.S. and foreign nations.
Food safety lawyers may work for state and federal government agencies to enforce laws and regulations. They would ensure that all of the players involved in the food production industry comply with applicable rules.
Other food safety lawyers might represent individuals who have been sickened, injured or otherwise harmed by unsafe food products.
Still, other attorneys focus their careers on helping their clients comply with the myriad of state and federal laws and regulations that may apply to their specific role in the food production system. So they may work for a company that processes food and ensure that the company keeps up with all of the applicable laws and regulations and complies as required.
What Are Some Definitions and Examples of Food Safety Violations?
There are a wide variety of conditions that may constitute food safety violations and make food unsafe and unfit for human consumption. Some examples are as follows:
- Inadequate Training in Food Safety: Many managers and workers do not receive adequate training in food safety measures. This can lead to errors, such as poor hand washing. Because of this, more than a third of food recalls in the past have been linked to staff not following simple safety rules, such as properly washing their hands.
- Storage at Incorrect Temperatures: It is not uncommon for refrigerators to operate at temperatures that are not cold enough to prevent the growth of bacteria in food. Also, food that should be refrigerated may be left without refrigeration for too long, which promotes the rapid growth of harmful bacteria.
- Stations for Handwashing That Are Unsafe: Stores in which food is prepared and restaurants may not have the appropriate setups for hand washing, so food preparers cannot wash their hands property. The workers can then spread germs and contaminate food.
- Hazardous Food Left in Unsafe Temperatures: Leaving food in places where the temperature is in the “danger zone,“ i.e., between 41°F and 135°F, risks rapid bacterial growth. This puts customers who consume the food at risk of getting sick.
- Rodent or Insect Infestations: Food packaging that shows signs of having been gnawed on are a sign of pest problems that should receive immediate attention. Rodents and insects can contaminate food and create a risk of foodborne disease.
- Foreign Objects in Food: Injury caused by foreign objects in food products often lead to foreign objects in food settlements when the manufacturer or preparer of the food admits to responsibility for the presence of a foreign object. The foreign object may be a bug, which could lead to a “bug found in food” lawsuit.
For example, processed delicatessen meats are especially risky. This is because the listeria bacteria can appear in meat processing facilities and on the slicers and other equipment used at deli counters in grocery stores. The meat may be cooked and then kept cold, but it is handled frequently by various workers. This increases the likelihood of bacteria on one piece contaminating other pieces. In addition, the listeria bacteria can thrive even in colder temperatures.
Listeria monocytogenes causes about 1,600 illnesses a year. Listeria infection can cause symptoms such as fever, vomiting, diarrhea, and muscle aches that last a few days to potentially life-threatening damage to the brain and spinal cord.
People with weak immune systems, e.g., young children, people 65 and older, and others, are likely to become extremely sick from a listeria infection. It can, however, be treated with antibiotics.
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Is It Illegal To Sell Expired Products?
In Florida, it is not illegal to sell food that is past its “use by” or “sell by” dates. A consumer who is not comfortable consuming these products can always regulate their own use. They can check dates on the products they buy and avoid them if the date of purchase is past a date on the packaging.
How Can I Prove a Food Safety Violation?
Proving a safety violation would depend greatly on the facts of a particular situation. If a customer buys a product that is past its “use by” date at a grocery store deli and becomes seriously ill from a food-borne pathogen, then proof might be quite straightforward.
If they buy what appears to be fresh deli meat and become violently ill with a bacterial illness, proving that the product was contaminated and made the person ill might be more complicated.
An individual may want to consult a lawyer, and the lawyer may have to enlist the aid of an expert in food contamination to establish clear proof that the food product caused the illness.
For example, an expert might have to access records of any safety and health inspections performed by a government agency and what they revealed about conditions in a food processing plant or restaurant in order to prove that a dangerous condition existed in a certain location.
How Do I Report a Food Safety Violation in Florida?
If a person knows of a violation but has not suffered an injury because of it, they would want to report the violation to one of several Florida state departments as follows:
- The Florida Department of Business and Professional Regulation and/or The Department of Agriculture and Consumer Services Division of Food Safety if a complaint involves food sold by a retail establishment or restaurant that has made someone ill,
- The Department of Health if a complaint involves outbreaks of food-borne illnesses in any kind of establishment that sells food.
If a person calls any of these departments, they would probably be directed to the appropriate office for the issue they want to report.
Can I Sue a Store for Selling Expired Products in Florida?
A person would have to have suffered a significant injury from consuming a food product in order to have cause to file a lawsuit against a store or sue a restaurant for selling an expired food product in Florida. A consultation with a food injury lawyer would be helpful for a person to understand whether they have grounds for a lawsuit. Catering food poisoning is another possible scenario to discuss with a lawyer.
If a person can connect a serious illness, e.g., a salmonella or listeria infection, to the consumption of a food product that was past its “use by” date, then they might be able to sue the manufacturer and distributors of the product for strict product liability in Florida.
Do I Need a Lawyer for a Food Safety Violation?
If you have been injured by consuming a food product, you want to talk to a personal injury attorney in Florida. LegalMatch.com can connect you to a lawyer. Your lawyer can research the facts of your case and tell you if you have grounds for lawsuit against the manufacturer or distributor of a food product. If you have a case, your lawyer can help get you the remedy you deserve.
