Selling Expired Packaged Food in Nepal: Legal Repercussions

In Nepal, the sale of expired packaged food is not just a violation of consumer trust but also a serious legal offense that can have far-reaching consequences on public health and the integrity of businesses. This article delves into the legal implications of such practices and highlights examples that underscore the gravity of this issue.

Legal Framework Against Selling Expired Food

The Nepali legal system, through the Consumer Protection Act 2018, explicitly prohibits the sale and distribution of food products past their expiration date. The Food Act-2023 has been amended to impose stringent penalties on those who jeopardize public health by selling non-edible items, including expired food. Violators can face up to five years of imprisonment and fines up to Rs 500,000². These laws are enforced by the Department of Food Technology and Quality Control (DFTQC), which has the authority to execute food acts and ensure compliance with quality standards.

Health Risks and Consumer Deception

Expired food products can harbor harmful bacteria, leading to foodborne illnesses characterized by vomiting, diarrhea, and fever. Long-term consumption of such products can cause severe health issues, including liver damage⁴. The unethical practice of relabeling expired goods with new dates not only deceives consumers but also exposes them to these health risks.

Notable Cases of Legal Action

In recent years, there have been several instances where legal action was taken against businesses for selling expired food. For example, the DFTQC filed 121 cases in the fiscal year 2022-23 against firms for various violations, including selling expired goods. In one notable case, two individuals were sentenced to one year in prison, and six others were fined for distributing and selling expired food items by altering expiration date labels.

The Economic Impact on Businesses

Beyond the health implications, the sale of expired food can tarnish a business’s reputation and lead to significant financial losses. Companies found guilty of such practices may face boycotts, loss of consumer trust, and a steep decline in sales. The long-term economic viability of a business can be severely compromised as a result of these legal and social repercussions.

Consumer Vigilance and Government Oversight

Consumers play a crucial role in safeguarding their health by being vigilant about the expiration dates of packaged foods. Meanwhile, the government’s oversight is crucial in enforcing food safety regulations and taking swift action against offenders. The establishment of consumer courts, as mandated by the Consumer Protection Act, would further streamline the process of addressing such violations⁷.

Conclusion

The sale of expired packaged food in Nepal is a serious offense with legal, health, and economic consequences. It is imperative for businesses to adhere to food safety regulations and for consumers to remain alert to protect their health and rights. The government’s continued efforts to enforce food laws and establish consumer courts will be pivotal in curbing this malpractice and ensuring the well-being of the Nepali populace. As awareness grows and legal frameworks are strengthened, it is hoped that the sale of expired food will become a thing of the past, paving the way for a safer and healthier Nepal.