What is the michigan state law regarding the sale of expired goods?

[nemausus36]

My mother and i recently got into a heated debate about whether or not it is illegal to sell "out of date" merchandise. Well my argument was that you can sell the merchandise if noted that they are "out dated" and reduce the price, but my mother seems to believe that it is against Michigan state law. I countered this statement with the fact that you see stores who have an outdated food section where the price is reduced (i.e. neimans family market, resale food stores.) and to that she stated that if they were to be inspected by a health inspector they would be severely fined and closed. Can you help me resolve this issue, please?

[yehudi]

My mother and i recently got into a heated debate about whether or not it is illegal to sell "out of date" merchandise. Well my argument was that you can sell the merchandise if noted that they are "out dated" and reduce the price, but my mother seems to believe that it is against Michigan state law. I countered this statement with the fact that you see stores who have an outdated food section where the price is reduced (i.e. neimans family market, resale food stores.) and to that she stated that if they were to be inspected by a health inspector they would be severely fined and closed. Can you help me resolve this issue, please?

Your mother is probably right, although I couldn't find a specific link to Michigan state law in the limited time I had available. Many states do have laws regarding expiration dates. See, for example, this site: http://consumer-law.lawyers.com/warranty-law/Check-That-Date-Expired-Goods-On-Stores-Shelves.html

Why don't you ask your local research librarian at the public library? They are extremely good at finding things like this.

[treasigh]

Without researching much, what I have found is this.

There are no federal laws that govern expired foods and the sales of them with the exception of expired baby food and formula, but that's it.

There is a clear and distinct difference between 'Use by' and 'best if used by'. One is an expiration date, the other is a suggestion.

If there is no law that says you can't, then you can.

To be honest, call your local health inspectors office and ask them, I am willing to bet, they have been asked that question thousands of times.

It is my opinion, that aside from the federal law above, it is not illegal to sell outdated foods in Michigan.

By the way, if you call the health department, post the answer here so I know....;)