In New York, selling expired food can result in significant legal consequences under the State Agriculture and Markets Law. First time violators that are caught selling expired food in New York may face civil penalties of up to $600. If that individual continues committing food safety violations, subsequent violations can incur fines of up to $1,200 per incident.
In New York, the Department of Agriculture and Markets holds substantial enforcement authority. In fact, they have the power to issue cease and desist orders, suspend or revoke business licenses, mandate product recalls, and require implementation of corrective action plans.
For serious cases of selling expired food that involve willful violations, criminal penalties may apply, potentially resulting in misdemeanor charges and up to one year of imprisonment, along with additional criminal fines.
New York law is particularly stringent regarding selling certain expired products, such as baby food and formula, items with known contamination, and cases involving intentional tampering with expiration dates. Repeated violations will generally result in enhanced penalties.
Enforcement against persons selling expired food typically occurs through various channels, including regular safety and health inspections, consumer complaints, departmental investigations, and random compliance checks.
Ultimately, the severity of penalties generally depends on several factors, including the person or establishment’s violation history, the scale of expired food sales, potential risk to public health, level of cooperation with authorities, and any remedial actions taken by the business or individual.
What Is a Food Safety Lawyer?
A food injury lawyer in New York is a legal professional who practices law concerning the complex intersection of food regulations, safety standards, and related litigation. They operate primarily under the New York Agriculture and Markets Law Article 17.
These attorneys serve a diverse client base, including restaurants, food manufacturers, distributors, retailers, and individual consumers, by providing their clients with assistance in both regulatory compliance and litigation matters.
Their practice encompasses multiple legal frameworks, including the New York State Sanitary Code, New York City Health Code Article 81, the Federal Food Safety Modernization Act (“FSMA”), and various provisions of New York Agriculture and Markets Law.
They handle a wide range of cases, from food contamination, catering food poisoning, improper handling, food labeling violations, and restaurant safety issues. A New York lawyer who practices laws surrounding food safety may be hired to interpret Food and Drug Administration (“FDA”) regulations, state health codes, United States Department of Agriculture (“USDA”) guidelines, or even file a bug found in food lawsuit.
These attorneys also may provide other various services, including regulatory compliance audits, defense against food safety violations, risk management consulting, recall management, and crisis response planning.
Often, they play a crucial role in helping their clients navigate food poisoning incidents, product recalls, cross-contamination issues, and allergen labeling violations. Their experience in the food industry is particularly valuable in today’s complex food safety environment, where regulations can vary significantly across federal, state, and local jurisdictions within New York.
Should you have any questions regarding food safety, it is recommended to set up a legal consultation with a food safety attorney near you. This is because a key aspect of their practice involves staying current with evolving regulations and health codes, as these requirements frequently change and can even differ by jurisdiction within the state.
Food Safety Violations: Definition and Examples
As noted above, food safety violations in New York are defined as breaches of health and safety regulations established by local, state, and federal law. Examples of common food safety violations include:
- Temperature Control: One of the most common food safety violations is not maintaining a proper temperature for food safety
- For instance, Critical hot food held below 140°F, cold food stored above 41°F, improper cooling methods, and inadequate cooking temperatures are all food safety violations that could lead to health issues
- Cross-Contamination: Bare hand contact with ready-to-eat foods, improper storage of raw meats, contaminated food preparation surfaces, and inadequate sanitization procedures are all examples of food safety violations
- Non-Critical Violations: Improper labeling, minor cleaning issues, non food contact surface maintenance, and record keeping deficiencies are all non-critical violations that may still lead to health issues
- Inspection and Grading: NYC uses the following letter grading system concerning inspections:
- Grade A (0-13 violation points)
- Grade B (14-27 violation points)
- Grade C (28+ violation points)
Violations of any of the above can result in:
- Monetary fines ($200-$2,000)
- Mandatory closure of the food establishment
- Grade reductions
- Required corrective actions
In addition to the above, prevention measures such as regular staff training, temperature monitoring, cleaning schedules, food safety certification, and proper documentation may also be ordered if they were not already being properly performed.
Is It Illegal To Sell Expired Products?
In New York, the sale of expired food products exists in a complex legal framework. Although there isn’t a broad legal prohibition against selling expired foods, significant exceptions and restrictions do apply.
Importantly, federal law strictly prohibits the sale of expired baby formula, and New York requires specific date labels for any reduced oxygen packaged foods. The regulations also vary by municipality, with some local governments, such as Westchester County, implementing stricter requirements for certain products like dairy items.
The key focus of New York’s regulatory approach concerning expired food centers on food safety rather than expiration dates alone. Although selling expired food isn’t inherently illegal, sellers must ensure their products remain safe for consumption, are properly stored, and aren’t misrepresented to consumers. As noted above, the New York Department of Agriculture and Markets maintains enforcement authority and can take action if food is adulterated, contaminated, or poses a health risk to consumers.
In order to maintain compliance and minimize liability risks, retailers should follow best practices, including removing obviously spoiled products, clearly marking any discounted expired items, and maintaining proper storage conditions according to manufacturer guidelines.
Although sellers may legally offer expired products for sale in most cases, they can still face significant liability if these products result in any harm or are deemed unsafe for consumption. This creates a practical obligation for sellers to exercise careful judgment in their food handling practices, even when specific dating requirements or disposing of expired products aren’t legally mandated.
How Can I Prove a Food Safety Violation?
In order to prove a food safety violation has occurred in New York, you must be able to prove specific violation of health codes or regulations, evidence of non-compliance with state/local standards, and provide documentation of breach from official inspections.
Additionally, you must also establish causation. This means you must demonstrate a direct link between the alleged violation and the harm/incident. You can do this by providing evidence that the violation led to unsafe conditions. Key evidence should include official inspection reports, physical evidence of the violation, temperature or safety logs, and test results, if applicable.
Finally, if you were harmed as a result of the food safety violation, you must demonstrate proof of actual harm or potential for harm and provide documentation of your illness/injury. In other words, you must show that you suffered measurable harm and ask for relief from your injury in a monetary format.
How Do I Report a Food Safety Violation in New York?
Reporting food safety violations in New York will depend on the type of establishment involved. For restaurants and food service establishments within New York City, violations can be reported by calling 311 or using the NYC311 online portal. Food violations outside NYC should contact their local health department directly.
If the violation involves grocery stores or food markets, reports should be directed to the New York State Department of Agriculture and Markets at (718) 722-2876 during business hours, Monday through Friday, 9 AM to 5 PM.
When reporting a foodborne illness, you should immediately contact your local health department and be sure to document all details about where and when you ate, along with preserving any remaining food samples. Regardless of the type of violation, your report should include essential information such as the business name and location, the date and time of the observed violation, and specific details about the violation itself.
Can I Sue a Store for Selling Expired Products in New York?
In short, it depends. You cannot sue a store just based on them selling expired products, as there is no such law. However, you can sue a store for selling expired products in New York if specific conditions are met and you have a viable case.
A lawsuit against a store typically rests on claims of negligence and breach of warranty. In other words, you will base your lawsuit on the store’s failure to ensure products are safe, such as not checking expiration dates or rotating stock properly. All of that can constitute negligence on behalf of the store or establishment.
In order to be successful in your lawsuit, you must prove:
- The store sold expired products
- You suffered actual harm or damages
- There is a direct link between the expired product and the harm you suffered
- The store had actual or constructive knowledge of the expiration
Do I Need a Lawyer for a Food Safety Violation?
If you were harmed as a result of a food safety violation, then it is recommended to immediately contact an experienced personal injury attorney in New York. LegalMatch can assist you in setting up a legal consultation in New York with a lawyer who is well versed in New York’s personal injury and food safety laws and regulations.
A knowledgeable attorney will be able to provide you with tailored guidance to protect your legal rights, and assist you in recovering any damages that you suffered as a result of the food safety violation.
They will also be able to hold the restaurant, store, or manufacturer liable for causing the damages that you suffered. They will be able to negotiate, mediate, and attempt to settle your dispute on your behalf. Should none of those methods work, they can draft and file a lawsuit on your behalf against the responsible party. Finally, they can also represent you in court, as needed.
