The State of Texas does not have a specific penalty for selling food that is past its “best if used by date,” so long as the food is not visibly spoiled. If, however, the product is sold after its “use by” date, it may create legal liability.
For example, if a consumer or consumers were harmed by the spoiled food that was sold, it may result in legal claims under product liability laws. If an individual has suffered after consuming expired food, they should consult with a food injury lawyer.
Food safety attorneys are lawyers who can help many different parties, such as consumers, food producers and distributors, and restaurateurs. A food safety attorney can help with compliance issues, such as health claims, labeling requirements, and food safety regulations.
A food safety attorney can also assist with disputes that involve patents or trademarks, legal issues related to import and export of food products, and when a business faces claims due to a food-borne illness outbreak.
Specific claims that food services lawyers can help with include:
A food safety attorney will be familiar with labeling requirements, food safety requirements, and other relevant laws. Food safety, which is an important issue for individuals and businesses alike, may include:
One issue that is relatively new to the food service industry is food delivery. Customers can now use websites and apps to order food to be delivered to their door.
Restaurants are now able to enter into contracts with delivery platforms in which they pay a fee or a commission for sales and deliveries of items on their menu. Food safety attorneys can help consumers and food providers with issues they have related to food services as well as help defend them in court.
Each state has food safety laws that are meant to protect consumers from injuries, including food poisoning or food borne illness. These laws govern how food distributors and manufacturers and restaurants give food to their customers.
One example of this is how safety laws provide that food which is spoiled, expired, or contaminated should not be served to customers. It is common for restaurants and food-selling businesses to have to undergo safety and health inspections that are meant to make sure the establishment is in compliance with food-safety standards.
Some jurisdictions also have letter rating systems for restaurants that indicate how they are complying with food standards. This rating system is meant to give customers an easy way to determine if it is safe to eat at a specific establishment.
A food safety violation happens when a store or restaurant does not meet the local and state standards for safe preparation, handling, and serving of food. It is important to note that applicable food safety regulations may vary depending on the type of business or restaurant and the type of food.
Some common examples of food safety violations include:
There is not a federal law requiring a manufacturer to include expiration dates on food products they sell. However, most food manufacturers will include some type of date on their product, such as:
These terms demonstrate how fresh a food product is, not whether that product is safe to consume past the date marked. If a manufacturer uses the term “use by,” however, it may indicate the product should not be consumed past that date.
The Food and Drug Administration (FDA) requires that baby food and infant formulas have “use by” dates. It is illegal for infant formula or food to be sold after it expires.
It can be challenging to prove a food safety violation because the individual bringing a claim must show that their illness or injury was caused by the food establishment. In order to succeed, the plaintiff has to show that the food they consumed was unsafe and contaminated and that the contamination originated from the defendant’s food, restaurant, or establishment, and nowhere else.
The plaintiff may need to provide medical evidence to support their claim, which can be time consuming and expensive. For more information on how to prove a food safety violation, it is important to have a lawyer consultation with a Texas food safety lawyer.
In order to report a food safety violation in the state of Texas, an individual should determine the local health department that has jurisdiction over the establishment. An individual can visit the Texas Department of State Health Services (DSHS) website to find the proper authority.
When reporting an issue, an individual should provide the name and address of the establishment, the time and date of the incident, and the specific unsafe practice or issue. For more information on submitting a complaint or help with submitting a complaint, an individual can consult with a Texas lawyer.
In some situations, it may be possible to sue a store for selling expired food products in Texas. Examples of consequences establishments can face for food safety violations include:
In some situations, even if a consumer was not injured, a business may still face consequences from authorities.
If you have suffered injuries from food consumption or if you have a business that is facing a food safety violation claim, it is essential to consult with a personal injury attorney in Texas. Your lawyer will be able to help you file the necessary claim with the correct Texas authority or defend you against the claim.
You can find a Texas food safety violation attorney near you in Texas quickly and easily by using LegalMatch’s free lawyer matching services. In as little as 15 minutes, you can submit your food safety violation claim or issue on the website and be matched to attorneys near you who can help.
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