Texas Law on selling expired foods?

Question

OK, what , if any, is the penalty, do I have any legal recource...

Answer 1

It's illegal to sell food past the expiration date.   You need to sell fresh food.  Probably best if it's at least a week or more before the expiration date.

Answer 2

Yeah...so... what about it?

Answer 3

This is a good question - I think everyone has seen a food product on the shelves of a retail store, with a past expiration date on it...so I browsed a few of the Texas Statutes, and this is what I found...

There is no statute that I could find, prohibiting a food retailer from selling a perishable food product whose label contains an expired "sell by" or "due date."

Note that what I said above does NOT apply to food products that were manufactured by a third party, then shipped to the retailer, where the retailer opens (and maybe alters) the product, repackages it and relabels it for sale.  (I'm referring to stuff like ground beef, steaks and other fresh meats that were delivered in bulk to the retailer, and the retailer separated, repackaged and relabled the items for individual sale.)  In this case, as long as the retailer has made all efforts in good faith to ensure the product is properly packaged and meets all of the labeling requirements, then he's in the "clear."

A food retailer is only liable for suit if, it can be proven that the retailer, in bad faith, intentionally opened, tainted, altered or otherwise caused the purchased item, to be harmful/cause harm to the consumer.

I hope that helps.  You didn't provide much detail.  So that was the best I could find.  But I have to say that I think the Courts would be more interested in why you willingly purchased a perishable food item that was labeled with a past expiration date...?