Consumers were surprised last month when state Attorney General Andrew M. Cuomo announced his intention to sue two drug store chains -- Rite Aid and CVS -- for selling expired dairy products, medicine and baby formula.
But, what is perhaps more surprising is that neither federal nor state law requires most food items to be pulled from shelves past a certain date.
"The truth is, there really are no policies as far as requirements for expiration dates on products -- except for pharmaceuticals and baby food," said Ann McCarthy, consumer affairs manager for Wegmans.
According to the Food and Drug Administration, the federal government requires expiration dates be printed on infant formula and baby food, and those items must be removed for sale after that date. Retailers who don't can be held legally and financially responsible, as was evidenced in the attorney general's investigation.
But as far as other consumables are concerned, as long as a date is not tampered with to mislead the consumer about a product's freshness, there are no hard and fast rules about pulling items from the shelves past their prime.
But that doesn't mean retailers don't have systems to ensure the food on their shelves is fresh.
Just as a consumer might grab a gallon of milk from the back of the cooler to ensure the freshest item available, retailers demand a long shelf life from vendors. Deliveries of items too near an expiration date are refused.
In addition, employees routinely check for and remove outdated or nearly outdated items from shelves, using expiration dates as a guide. Items nearing expiration are often clearly marked with reduced prices for a quicker sale.
Still, one or two items are bound to slip through the cracks. During an informal walk-through of the major local chains, at least one expired item was found at each.
That is why Kim Offhaus of Lancaster makes it a point to check expiration dates on every single thing she puts in her cart. After bringing home several expired items, including year-old Pedialyte and moldy cream cheese, she is not taking any chances.
"I analyze everything," she said. "I know people walk by me and look as I'm checking the dates thinking I'm weird, but I'm not going to feed my kids something that's old."
Offhaus said she routinely scans her cupboards for expired goods and discards them. She worries containers left sitting in stores or at home might have a better chance of attracting vermin or getting otherwise soiled.
"Even with canned foods and things like boxed noodles, you just never know," Offhaus said. "I always check. It's for my own good." In fact, listing dates on food items is a voluntary practice, one most
grocery stores and manufacturers engage in to help them rotate inventory and offer the freshest goods possible.
"It helps give retailers a method of inventory control so they can make sure they're rotating their stock properly -- first in, first out," said Bruce Krupke, executive vice president of the trade association New York State Dairy Foods. "As consumers, we like to know what the shelf life of a product is so we don't eat anything too old or stale."
That means if a jar of mayonnaise sits on a shelf past its freshness date and ends up in a customer's basket, no one but the consumer can take the blame. That is why consumer advocates recommend checking freshness dates before making a purchase.
"You want to make sure your food is fresh," said Deborah Sturm Rausch, a spokeswoman for the state Consumer Protection Board. "You want to make sure the [freshness] date is as far off as possible . . . to stretch your dollar."
Still, most companies have return policies that allow for the exchange of outdated goods. With a receipt, Wegmans, Tops, Budwey's and Dash's supermarkets will refund money paid for expired items. Those without a receipt can be exchanged for store credit.
Though expiration dates themselves are not mandated, product quality is.
"Stores are not required to date items, but they are required to sell wholesome food," said Jessica Chittenden, a spokeswoman for the state Department of Agriculture and Markets. "Sell-by dates are a tool that helps them manage that."
In other words, a spoiled carton of milk displayed within its stamped expiration date would be a no-no, whereas a wholesome pound of ground beef offered for sale after its sell-by date -- while off-putting -- is not unlawful.
That is because, contrary to popular belief, display dates speak to an item's quality rather than its safety. In most cases, if properly handled, food kept after its listed date will be safe -- if not pleasant -- to eat. The date listed is the manufacturer's best estimation of the product's peak taste and quality.
Wegmans brand products, like those at most local markets, tend to display what is called an "open date." McCarthy said printed "sell-by" or "use-by" dates are meant to aid shoppers as they make purchasing decisions.
"We work with all of our suppliers so that dates are provided in a language customers can understand," she said. "[But] the freshness of a product is dictated by a lot of variables -- whether it's sealed properly, kept at the right temperature, all kinds of things."
Food and Drug Administration guidelines note food can spoil before the expiration date arrives if it is mishandled. A lot can happen from the car trunk to the kitchen table, so the FDA urges consumers to keep food -- especially meat and seafood -- sealed and refrigerated at less than 40 degrees.
Food should be consumed or cooked before its listed "use-by" date or within one or two days of its "sell-by" date.
Food that is immediately and properly frozen is considered safe indefinitely. Of course, food containing harmful bacteria such as salmonella or E. coli will be unsafe even before it expires.
Retailers want to keep unsafe or unsavory items off shelves as much as consumers want to avoid buying them.
"We have to protect consumers and we have to protect our reputation," said Frank Budwey, owner of Budweys supermarkets. "We can't have consumers throwing things out or returning spoiled food all the time. That would not only be frustrating for them, but it would obviously hurt sales for us."
schristmann@buffnews.com To see more of The Buffalo News, N.Y., or to subscribe to the newspaper, go to http://www.buffalonews.com. Copyright (c) 2008, The Buffalo News, N.Y. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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