Is it legal for a hired caterer to take food home?

Question

I recently hired a caterer for my parents 50th wedding anniversary. I paid for sixty people that rsvp to attend. I sent a deposit as requested, and the day before the party I talked to the caterer to make sure everything was good to go. Well the day of the celebration the caterer arrived and set up the food, but unfortunately about 42 people (of 60 expected) showed up.

I paid $10.00 per plate for 60 people =$600. only 42 people attended =$420.00. I lost $180 right off the top, but 90 minutes after he started serving dinner and the line had thinned out, he said he had to get back to his restaurant. So I asked him if I could put the rest of the food in aluminim trays for later. He said that he was taking the rest of the food with him. Now, even though he got paid $600 for his food and services, and less people than expected showed up, and he had food left, could he legally take the rest of the food back with him?

Answer 1

No, that's your food, you paid for it.

Anybody seen that episode of curb your enthusiasm where this happens?

Answer 2

I run a large resort and we cater. I would never allow my staff to leave any food unattended at an off site function without commercial refrigeration or a serve safe certified attendant.

If your caterer leaves and you leave his food out at a temp. that allows bacteria to grow, then at the end of the night your drunk guests are hungry, they eat it and get sick, you'd be looking to sue.

I guarantee that if there was an issue w/ food poisoning you wouldn't be so quick to claim the food.

Answer 3

The catering service that I used to work for always took the food home. They would never leave it for the people because there was a risk that the people wouldn't store it properly and would end up with food poisioning. If that were to happen, the catering company could end up getting sued, so for legal reasons, they would never leave any food. It was in our contract that we took all the food and many people don't read their contracts carefully! I'd check your contract!

Answer 4

No! You paid for the food and once that transaction occurs the food becomes your personal property. So your caterer has stolen from you. Unfortunately if you file to sue you will only lose money...Your would need to pay to file a petition (around 150), pay a lawyer... and all you would get back is (possibly) the $180 dollars for the stolen property.

Answer 5

I'd say NO cause you paid for it...

but there are always exceptions to the rule.. Like health issues, but if its now your food, and your quests are gone and the caterer's shift is over.. its your personal food now to do with what you want.. There are no health issues cause your quests have left.. You could let it sit and rot for all you care, its yours...

but I also agree with the poster above.. what did your contract say?... .. You need to call them and file a formal complaint with the owner of the service and discuss them with you.. Now its too late for food.. but you might get a refund.. Also file a complaint with the better business bureau.. so that caterers name is there in case of future inquiries...

Answer 6

A CATERER IS NOT AT FAULT FOR THE PEOPLE THAT DIDN'T ATTEND.  THE DEAL WAS STRUCK ON SIXTY EVEN THO ONLY FORTY TWO SHOWED UP, SO THE MONEY HAD TO BE PAID IN FULL.  ON THE OTHER HAND, HE HAD NO BUSINESS TOUCHING YOUR LEFTOVER FOOD, IF HE HAD TO GO BACK TO HIS RESTAURANT THAT WAS HIS PROBLEM NOT YOURS, LIKE YOU SAID, THE FOOD SHOULD OF BE LEFT BEHIND AT LEAST IN SOME ALUMINUM CONTAINERS AND IT WAS YOUR RESPONSIBILITY TO KEEP SERVING IT OR JUST PUT IT AWAY, EVEN THROW IT AWAY, BUT IT WAS PAID FOR.  I WOULD TRY TO FILE A PETITION IN SMALL CLAIMS COURT, OR BETTER YET, PAY A NEWSPAPER TO RUN YOUR COMPLAIN AND LET YOUR CITY KNOW WHAT KIND OF PERSON THE CATERER IS.

Answer 7

You paid for it - its yours I would of said no Im taling my food all 18 serves and saving it for later - its mine

Answer 8

No, you purchased that food and it belongs to you.  The only thing you can do is take him to civil court, though.  You can't get him arrested.   If you signed a contract, read it over but I can't imagine having a leftover clause.

Definitely report him to the better business bureau.  If he belongs to any catering professional organizations, report him there as well.

If he was going back to his restaurant, is it possible that he served the leftovers there?  If so, you could report him to the health department.

Answer 9

It would depend on what's in the contract, usually, and what the caterer usually does.  Read it over and see what you agreed to.  

Did you ask why?  Did he explain?  Sometimes, health regulations require the food to be disposed of within a certain time.  Did he package it up like he was going to trash it?  Or did it look like he was going to - yuck - reuse it?  

It probably can't hurt to send a letter asking for an explanation, and if he looked like he was going to use the leftovers for personal use or for in his restaurant, to ask for a partial refund.

Edit: In certain situations, you can ask for a fee waiver in small claims court, but small claims can cost anywhere from a hundred to a few hundred bucks to file... the BBB is a better bet.

Answer 10

I've never known a caterer to take unused food with him without the consent of the client... I agree with what was said above - he might be required to dispose of the leftovers in a sanitary manner. Ask for an explanation.

Answer 11

Seems like you bought it and you should have ended up with it.

Answer 12

he in the  wrong  i have carter to some of the biggest party

and i have left food that they bought  you should go to him and ask him for the 180 back if he don't give you the money then take him to court

Answer 13

Look into small claims court.  For a small fee you can have your day in court and probably get some money back.

Answer 14

I would think he should leave it? Because he brang the exact amount of food so why should he take it back?

Answer 15

Ive been to a few catered parties...and they left the food in the tin trays, after they left. He shouldnt have taken that food with him.  That was yours that you paid for.