BOSTON — Expired, outdated and sometimes even spoiled food is being repeatedly found for sale on store shelves, based on inspection records and an independent investigation by FOX 25 Investigates.
While researchers say food consumed after the date printed on the product has rarely poses an actual health threat, Massachusetts law has strict requirements for how stores are to handle outdated products.
Baby Food Complaints
An online complaint about out of date baby food in April prompted FOX25 Investigates to visit a Market Basket store in Newburyport. Days after a shopper posted a photo on Instagram, FOX25’s Eric Rasmussen was still able to buy six jars of the same product with “Sept 2015” and “Nov 2015” printed on the lids.
“That’s terrible,” said customer Mary Nelson when Rasmussen showed her what he found. “I don’t want expired food. Nobody does.”
A spokesperson for Market Basket said the company sent a notice to all of its stores to check their products after being contacted by FOX25 Investigates and found some additional outdated items.
“We work hard to provide fresh and safe food,” said Operations Manager David McLean. He also thanked FOX25 and the customer who originally found the outdated items
Not Isolated Incidents
FOX25 Investigates looked into another tip from a viewer and found cartons of milk that were two weeks past their “sell by” dates at a Stop & Shop location in Quincy.
Spokesperson Phil Tracey e-mailed FOX25 the following statement:
“The safety and freshness of our food is critically important to Stop & Shop and any item found on our shelves past its sell-by date is completely unacceptable. Our stores have strict policies and procedures in place to ensure that we are selling only the freshest product every day and we are looking into how this error occurred.”
A review of inspection reports from the City of Boston revealed more than 250 violations related specifically to expired or spoiled food at a variety of stores since 2013.
Some of the violations included expired potato salad “bulging” in its container and hot dogs found in February 2016 dated “May 2015.”
INTERACTIVE MAP OF VIOLATIONS SINCE 2015:
Records reviewed by FOX25 Investigates also included many more cases of outdated baby food.
“Baby food is one that people really look at,” said Boston’s Inspectional Services Commissioner William “Buddy” Christopher. “But there are other ones (too). Other products on the shelves that have expiration dates that people may not be sensitive to.”
Inspection records also included many cases of canned goods for sale after their expiration dates.
In 2008, an inspection of 15 food sellers in Boston, Cambridge and Quincy by the Massachusetts Office of Consumer Affairs found an average of seven outdated items per store. According to a consumer advisory, 16 percent of the nearly 100 outdated items found were seven or more days past their “sell by” date.
Strict Requirements
While the FDA does not require date labels on foods other than infant formula, Massachusetts state law regarding date labels is among the most restrictive in the country, according to researchers.
It requires date labels on all prepackaged perishable or semi-perishable foods.
In order to sell food after the date printed on the product, sellers must meet three requirements:
- It is wholesome and its sensory qualities have not significantly diminished.
- It is segregated from food products which are not "past date."
- It is clearly and conspicuously marked… as being offered for sale after the recommended last date of sale or best use.
“So, if you want to buy a day-old loaf of bread, you can do it, but it clearly has to be marked and identified,” said Christopher.
Inspectors in Boston say they check every store once or twice a year, but they also rely on the public to alert them to problems.
“We don't really look at who the store is, what the store is. If there's violations that they're not responding to, we will take more aggressive action,” said Christopher.
That action can include taking a business owner to court, but inspectors acknowledge that rarely, if ever, happens when it comes to the sale of expired food. Christopher says in the majority of cases, store managers make the necessary corrections at the time of inspection.
Read more about “open dating” requirements and definitions here: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/food-labeling/food-product-dating/food-product-dating
Cox Media Group
