Jan. 03, 2008

Citing the results of a disturbing two-month investigation, the director of Westchester’s Department of Consumer Protection today warned consumers to be on the lookout for outdated perishable products when they go food shopping. He also called on local supermarkets to do a better job of removing outdated items from the shelves, and put the stores on notice that enforcement action will be taken if follow-up inspections reveal ongoing problems.

At the direction of County Executive Andy Spano, inspectors from the consumer department checked the dairy cases at 60 supermarkets and other food sellers during November and December and found an average of 88 outdated items per store. Results varied widely from store to store, sometimes even within the same chain. The stores with the worst results were an A&P on Route 100A in Greenburgh (433 outdated items), an A&P in Mamaroneck (309 outdated items), a Food Emporium in Yorktown (255 outdated items), a Shoprite in Bedford Hills (247 outdated items) and an A&P on Rt. 119  in Greenburgh (211 outdated items). All the outdated products cited by inspectors were removed from the shelves at the time of the inspections.

The only stores investigated where no outdated items were found in the dairy case were CostCo (at 3 locations), Stew Leonard’s and Trader Joe’s (at 2 locations). “This investigation shows why consumers must check the sale date when they shop for perishable food products,” said Gary Brown, director of Consumer Protection. “Some stores are doing a good job of removing outdated foods, and others are failing miserably.” Of the outdated items that were found in the course of the investigation, more than half (58%) were 7 or more days outdated, and nearly half (48%) were 10 or more days outdated.

Among the items found by inspectors was cheddar cheese at Shop Rite in Bedford Hills that was more than 8 months outdated, coffee creamer at Food Emporium in Yorktown that was four months outdated, and hummus at A&P on Route 119 in Greenburgh that was nearly three months outdated. “We’re not just talking about items that were only a day or two outdated,” said Brown. “Many of the items we found were way past the ‘sell by’ date. The results of this investigation are a real eye-opener for consumers.”

Inspections for outdated foods are done on an ongoing basis as the Department of Consumer Protection conducts weights and measures and item pricing inspections in each store. This is the first time the Department has inspected a large number of stores for outdated foods on a concerted, short-term basis to determine countywide compliance. “These results of this comprehensive analysis show that the sale of outdated foods is a widespread problem,” said Brown.

As part of the investigation, a notice of violation, or warning, was issued today to all stores that were found to be selling outdated products. But the county will do follow-up inspections, and will seek penalties if problems persist. County law prohibits the sale of outdated milk or other perishable food products, and authorizes a penalty of up to $1,000 for each violation. The Department of Consumer Protection offered tips for consumers on how to avoid outdated items:

• Always check the “sell by” date on the packaging
• Be especially careful when buying items from the top or bottom shelf of the dairy case, where inspectors found many outdated items.
• Don’t automatically reach to the back of the display case, assuming that fresher items have been placed there. In many stores, inspectors found outdated items at the back of the display case, as stores had placed fresh items in the front and simply pushed older items to the back.

The Department also warned about the most commonly found outdated food:

• cheese
• cottage cheese/cream cheese
• meat (vacuum packed deli meat, hot dogs and bacon)
• yogurt.

Inspectors found relatively little outdated milk, butter or eggs. Any consumer who finds an outdated item still on the shelf should be sure to tell a store manager so it can be removed. Following is a list of supermarkets that were inspected, together with the number of outdated items that were found:

A&J Met Food, New Rochelle - 34
A&P, Mamaroneck - 309
A&P, Scarsdale - 74
A&P, Greenburgh - 211
A&P, Peekskill - 170
A&P, New Rochelle - 97
A&P, Katonah -30
A&P, Goldens Bridge -135
A&P, Millwood - 171
A&P, Mt. Kisco - 189
A&P, Eastchester - 39
A&P, Bronxville - 87
A&P, Hastings - 88
A&P, Croton - 37
A&P, Greenburgh -  433
A&P, Thornwood - 172
A&P, Mohegan Lake - 173
A&P, Shrub Oak - 76
A&P, Yorktown - 18
A&P, Port Chester - 148

Balducci’s, Scarsdale - 20
BJ’s Wholesale Club, Yorktown - 25

CostCo, New Rochelle - 0
CostCo, Yonkers - 0
CostCo, Port Chester - 0
C-Town, Eastchester - 71
C-Town, New Rochelle - 70

D'Agostino's, Chappaqua - 3

D’Agostino’s, Rye Brook - 104
Decicco’s Marketplace, Jefferson Valley - 47
Decicco, Ardsley - 56
Decicco Marketplace, Scarsdale - 58

Food City Market, Harrison - 28
Food Emporium, Port Chester - 32
Food Emporium, Yorktown - 255
Food Emporium, Harrison - 92
Food Emporium, Briarcliff - 106
Food Emporium, Armonk - 22

Gristede’s, Scarsdale - 32

Pathmark, Port Chester - 31

Sam’s Club, Elmsford - 46
Scotts Corner Market, Pound Ridge - 74

Shop Rite, Croton - 134
Shop Rite, Thornwood - 94
Shop Rite, Bedford Hills - 247
Shop Rite, Cortlandt Manor - 152

Stew Leonard’s, Yonkers - 0

Stop N Shop, New Rochelle - 53
Stop N Shop, White Plains - 23
Stop N Shop, Port Chester - 75
Stop N Shop, Peekskill - 80
Stop N Shop, New Rochelle - 56
Stop N Shop, Dobbs Ferry - 48
Stop N Shop, Eastchester - 75
Stop N Shop, Tarrytown -  37
Stop N Shop, Larchmont - 93
Stop N Shop, N. White Plains - 118

Trader Joe’s, Hartsdale -  0
Trader Joe’s, Scarsdale  - 0

Whole Food Market, White Plains - 45