Why aren’t supermarket expiry checks more strictly regulated?

Supermarkets play a crucial role in ensuring the safety and quality of food products by properly managing expiration dates. However, despite the importance of removing expired goods from store shelves, many supermarkets face challenges in maintaining strict expiry checks. This raises the question: Why aren’t expiry checks more rigorously regulated in supermarkets? And should there be stronger enforcement and regulations to protect consumers from purchasing expired or unsafe products?

In this article, we'll explore why expiry checks are often not strictly regulated, the potential consequences of such lax enforcement, and the steps that can be taken to improve consumer protection and food safety.

Why Expiry Checks Aren’t More Strictly Regulated

• Lack of Consistent Enforcement: In many countries, regulations around food safety, including expiry date checks, exist but are often inconsistently enforced. The Food and Drug Administration (FDA) in the U.S., the European Food Safety Authority (EFSA), and similar agencies worldwide set guidelines for food safety, but the actual enforcement of these standards can vary. Local inspection agencies may lack the resources or manpower to consistently inspect every supermarket for expired products, leading to inconsistent checks and missed expired goods on store shelves.
• Consumer Reliance on Self-Regulation by Supermarkets: Many food safety laws place the onus of expiry date management on retailers themselves, trusting them to self-regulate. While larger supermarket chains often have internal quality control systems, smaller retailers might not have the resources or incentive to implement robust expiry date monitoring systems. Supermarkets might rely on in-house staff to perform stock checks, but these checks are sometimes superficial or irregular, allowing expired products to remain on the shelves for longer than they should.
• High Turnover of Products and Stock Rotation Issues: Supermarkets regularly replenish stock, and the process of removing expired products can sometimes be overlooked in the hustle of ensuring products are displayed and stocked according to demand. When new products are constantly arriving, managing the entire stock rotation process ensuring that older items are sold first (FIFO First In, First Out) can be challenging. In some cases, expired goods slip through the cracks because they are pushed to the back of the shelf and missed during routine checks.
• Cost and Resource Constraints: Expiry checks require time, personnel, and resources to ensure all items are properly rotated and expired goods are removed from shelves. Some supermarkets may not invest enough in these resources, especially smaller stores with fewer employees. The financial constraints may mean that expiry checks are not a priority or are done hastily, increasing the chances that expired goods are left unnoticed.
• Lack of Consumer Awareness: Many consumers may not check expiry dates themselves and may assume that the supermarket is managing its inventory properly. This assumption can sometimes cause supermarkets to neglect expiry date management, as they may feel less pressure to adhere strictly to regulations when customers are not actively policing the expiry dates. Furthermore, consumers may often tolerate minor expiration violations (e.g., a day or two past the date) without realizing the potential health risks involved.
• Regulatory Gaps and Loopholes: While many countries have laws regulating food safety and expiry date checks, there are gaps in some regulations. In some regions, regulations may not require stores to perform regular checks for expired items, or they may only mandate checks on high-risk foods like meat or dairy. In other cases, supermarkets may be required to remove expired goods but may not face significant penalties for non-compliance unless a consumer complaint is filed or a serious health incident occurs.

Consequences of Lax Expiry Date Regulations

• Health Risks for Consumers: The most significant consequence of expired products remaining on supermarket shelves is the potential health risks posed to consumers. Expired food items, particularly perishable goods like dairy, meat, and prepared meals, can harbor bacteria or toxins that may lead to foodborne illnesses. Even non-perishable items may lose quality and flavor past their expiry date, which can affect the consumer’s overall experience and trust in the supermarket.
• Erosion of Consumer Trust: When consumers purchase expired products, it can erode their trust in a supermarket or brand. Trust is crucial in the retail food industry, and repeated instances of expired goods can cause customers to switch to competitors or take their business elsewhere. Additionally, if consumers experience health issues due to expired food, it can lead to reputational damage and costly legal battles for the supermarket.
• Legal and Financial Consequences: Supermarkets may face legal and financial consequences if consumers sue over expired food products. In many countries, consumers are protected by consumer rights laws, and selling expired or unsafe food can result in compensation claims, fines, or lawsuits. Depending on the scale of the violation, supermarkets could face substantial legal penalties or financial compensation for damages caused by expired products.
• Increased Food Waste: If supermarkets don't have strict expiry checks and continue to sell products that are near or past their expiration date, it can lead to an increase in food waste. Products that are sold past their expiry date often have to be discarded when returned or complained about, leading to financial loss and environmental impact due to unnecessary waste.

Should Expiry Checks Be More Strictly Regulated?

• Stronger Enforcement and Penalties: There is a strong case for stricter enforcement of expiry date checks. Regulatory agencies could impose higher penalties for supermarkets caught selling expired products or failing to perform regular stock rotations. This would provide supermarkets with more incentive to comply with expiry date regulations and protect consumer health. Increased inspections and audits by government bodies could help ensure compliance and reduce the chances of expired products making it to the shelves.
• Consumer Protection and Accountability: Consumers should be entitled to expect that food sold in supermarkets is safe, and expired products should be clearly removed. The introduction of stronger consumer protection laws would ensure that food retailers are held accountable for their actions. Increased consumer education on checking expiry dates and how to file complaints could also enhance accountability and push supermarkets to enforce stricter stock management practices.
• Investment in Technology: Supermarkets could benefit from investing in technology to better manage their inventory and expiry dates. Solutions like RFID tags, automated expiry date tracking systems, and AI-powered inventory management could streamline the process of ensuring that expired products are removed promptly. This would not only improve food safety but also reduce operational costs and food waste.
• Regulations for Transparency and Labeling: Governments and regulatory bodies can also introduce more stringent rules on labeling and packaging to ensure that expiry dates are clearly visible and easy for consumers to read. Transparency in labeling is key to preventing misunderstandings and ensuring that both consumers and retailers know when a product is no longer safe for consumption.

Example

A consumer purchases a carton of milk from a local supermarket, only to find it has expired several days earlier than the date on the label. The consumer experiences a stomach upset after consuming the milk, leading to a complaint to the store.

Steps the consumer should take:

• Return the Product: The consumer should return the milk to the store with the receipt and demand a refund or replacement.
• Report the Incident: The consumer can report the issue to local food safety authorities, such as the FDA or local health department, to ensure the store is inspected for non-compliance with expiry regulations.
• Consider Legal Action: If the consumer suffers damages or illness, they may consider pursuing legal action against the supermarket under consumer protection or product liability laws.

Conclusion

Stricter regulation of supermarket expiry checks is essential to protect consumers from unsafe products and maintain trust in the retail food industry. While existing regulations are in place, enforcement can be inconsistent, and the lack of stringent checks allows expired products to make their way onto store shelves. Stronger penalties, improved technology, better consumer education, and more robust regulatory oversight could all help ensure that supermarkets remove expired goods promptly, reduce foodborne illnesses, and prevent food waste.