Have you ever glanced at an expiration date and wondered if food is still safe? Whether stores can legally sell expired food is more complex than you think. Let’s examine the regulations and public opinions to uncover the truth behind this often confusing topic.

Understanding Expired Food Sales in Canada

Selling expired food in Canada isn’t as straightforward as you might think. The Canadian Food Inspection Agency oversees food safety standards, but no specific federal law outright bans expired food sales. The agency requires manufacturers to indicate expiration dates on food products. However, because there are no strict regulations, grocery stores can technically sell products past these dates. This is more common with non-perishable items like canned goods or dry pasta, which are less likely to become hazardous.

Provincial Differences

Provincial laws can vary. For instance, Ontario’s Food Premises Regulation states that no person shall sell food unfit for human consumption. Selling a food item that becomes unsafe after its expiry date could lead to legal trouble.

While the law might be lenient, public opinion isn’t. A study by Dalhousie University found that 71% of Canadians believe selling expired food is unacceptable. This puts pressure on businesses to keep their shelves up-to-date.

The Situation in the UK

Across the Atlantic, the UK situation is similar to that of Canada. The UK’s Food Standards Agency doesn’t explicitly prohibit expired food sales. According to the EU Food Information for Consumers Regulation, all food sold must be safe to consume.

A 2019 Waste and Resources Action Programme report stated that UK businesses annually throw away 1.9 million tonnes of food, much of it perfectly edible but past its ‘best before’ date. Some supermarkets have initiated campaigns to sell such items at discounted prices, contributing to waste reduction without breaching FSA rules.

While the law allows the sale of expired food, public opinion tends to frown upon it. A YouGov survey revealed that 37% of Brits would not eat food past its ‘best before’ date, indicating a potential business risk.

High-profile legal cases

High-profile legal cases have brought attention to this issue. In the UK, Tesco was fined over £100,000 in 2017 for having out-of-date food on its shelves. This case highlighted the severe nature of such violations and called for more rigorous inspections.

Sobeys in Canada was criticized for selling expired baby food and formula, leading to a comprehensive investigation by the CFIA and a class-action lawsuit.

The Sobeys case raised important questions about the confusion between “Best Before” and “Use By” dates. While “Best Before” indicates quality, “Use By” is a safety guideline. This confusion can mislead consumers, impacting their food safety and quality perception.

Broader Social Issues

While selling food past its “Best Before” date is not illegal, selling unsafe food is, as outlined by the Food and Drugs Act and Safe Food for Canadians Act.

This incident led to significant public outcry and a class-action lawsuit. The Sobeys case spotlighted the grocery industry’s food safety management and raised questions about overstocking.

Legal cases in the UK and Canada have illuminated broader social issues, such as food waste and poverty. These discussions have prompted debates on the legality and ethics of selling or donating food past its “Best Before” date. Many lawyers are pushing for a more nuanced understanding of food safety dates to reduce food waste and support those facing food insecurity.

Last but not least, don’t waste your food! The issue of selling expired food is complex, influenced by a mix of regulations, public opinions, and ethical considerations. By understanding food labels, making informed choices, and taking steps to reduce food waste, we can all contribute to a more sustainable food system. 

We hope you found this article on the legality of selling expired food insightful and valuable!