Is The Food That You Bought At The Supermarket Expired?
Is The Food That You Bought At The Supermarket Expired?
Is the food that you bought at the supermarket expired?
Eric Zhang, Vice Director and Senior Partner.
Lion Zhu, Attorney
Lately many restaurants in Shanghai have been broadcasting the work environment in the kitchen at their entrance (in real-time). What is that about?
On March 20th, 2017, the Shanghai local government issued “The Shanghai Food Safety Regulations,” which are the strictest in history. The aim of these regulations is to ensure the food in Shanghai becomes safer.
Consumers who have discovered sections for “near expiration date” food products inside supermarkets should note they may be affected by the current regulations and its interpretations.
What do you need to know about these new regulations?
1. “Expiration Date” or “Best Before Date”
“Expiration date” (保质期) is NOT the “best before date” (赏味期)
Most food products imported from Japan are labeled with a “best before date”. The food has not become inedible after the date on the label has passed, however, the quality and the taste may have deteriorated.
In China, the so-called “professional consumers” use the idea that food retailers have sold products that already exceed the “best before date” to their advantage. As this practice violates the Shanghai Food Safety Regulations, it enables these consumers to request compensation at ten times the product price.
This is entirely unfounded, however, as the “best before date” is before the “expiration date.” The “expiration date” is the final date for maintaining food quality. Therefore, products can be sold before this date.
So, the question here is: What should we do if the imported product only has the “best before date” and does not have an “expiration date”？
Strictly adhering to the law in this situation, the “best before date” should be regarded as the “expiration date.” In other words, we should follow a stricter definition of the Shanghai Food Safety Regulations.
If the imported food products contain a “consumption date” (消费期限) label, then we may consider it similar to the “expiration date” used in Chinese law. If the products have exceeded the “consumption date”, they should not be sold.
2. What is “Near Expiration Date”?
According to the law, if food products reach the “near expiration date” (临近保质期), they should be included in special management (i.e., centralized storage, display and sales). Therefore, another question to ask is: at what stage should food products be categorized as “near expiration date”?
So far, the Shanghai local government has not established its provisions. Currently, retailers can designate the “near expiration date” themselves, according to the products’ characteristics and the length of time before the expiration date. To follow the regulations, the “near expiration date” should be specified and confirmed in the retailer’s management system.
The Beijing and Guangzhou local governments have already established their provisions as shown in the figure below. This information can be used as a reference for retailers when establishing a management system.
3. Issues in Execution
1) Forms of Centralized Display
The law has not specified any centralized form of display for food products in those different categories. So far, setting up a section near the registers in supermarkets has been an effective and widespread approach to display the “near expiration date” products.
From a business standpoint, setting up a shelf near the registers helps to attract consumers. Combined with a reduced price, this helps to increase sales by promoting the “near expiration date” products. At the same time, it also reduces losses associated with products past their “expiration date.”
Setting up an eye-catching section can also simplify the task for the official institutions in charge of inspection. A clear allocation enforces the image of compliance.
2) Forms of Centralized Storage
Despite the absence of regulations on this subject, we suggest for retailers to designate an area or specific shelf for the storage of “near expiration” food products. If they need specific equipment like refrigeration, there should be a designated refrigerated storage area in accordance with the law.
3) Refund or exchange of the “near expiration date” food products
Like other food products, “near expiration date” products should follow the requirements of the “Consumers Interest Protection Law.” If the products have quality problems, retailers must then provide consumers with a refund or exchange.
In addition to the fact that it is inadequate, the omission of clear information on consumers’ rights to obtain a refund or to return products within a store may jeopardize the retailer’s business. Thus, it is a good idea to locate such products in a “near expiration date” section and clearly label it: “This shelf is for near expiration date products, no refund or return once sold”, or something to that effect.
Keep in mind that the “near expiration date” products are usually very close to the “expiration date”. If the consumers request a refund or return within seven days in accordance with the “Consumer Interest Protection Law,” the products might have already passed the expiration date. If there is a disagreement over whether or not the food products have quality problems, it could bring uncertainty to the retailer’s business operations.
Therefore, we suggest retailers who are selling “near expiration date” food products to remind consumers to open, taste and eat the food products before the “expiration date” and to ensure they raise any objections they might have before the “expiration date.”
Of course, the retailers can also choose to withdraw and destroy food products that are too near the “expiration date” (under seven days), and in doing so, avoid unnecessary disputes.
In Conclusion
Food safety has become a primary concern of Chinese citizens. As China’s food industry continues to grow, many businesses should manage their operations and produce products with the help of legal professionals. This will enable them to comply with the continuous evolution of legislation and meet the needs of their customers.
