Shopping at the supermarket with small children is often not easy and some parents try to calm their offspring by giving them a biscuit or a slice of bread from their trolly. But is this legal as the goods in the trolly have yet to be paid for? The VRT’s consumer asked several leading supermarket chains and the Federal Justice Department whether it is permissible to eat goods in store before you have paid for them.
Is it legal to eat a slice of bread or a biscuit while shopping at the supermarket before you have paid at the checkout?
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The supermarkets said that they don’t mind as long as the goods are paid for afterwards at the checkout. Meanwhile, the Federal Justice Department says that while the practice is not illegal it is advisable not to start eating goods before you have paid for them in order to prevent misunderstandings from arising.
The Federal Justice Department’s Sharon Beavis told the VRT that “Eating something while shopping is not explicitly forbidden by law, but in practice it is not advisable”.
The law is very clear about one thing though, if you take something from the shelf and start eating or drinking it you have to pay for it.
“If you take a bottle of water from the shelf and drink from it while you are shopping the law states that a purchase agreement has already been made", Ms Beavis said.
Shops decide for themselves
In practice shops can decide for themselves whether to permit the in-store consumption of food and drink before it has been paid for. The French-owned retailer Carrefour has no issues with people eating and drinking in store proving that the goods are paid for at the checkout.
Carrefour’s spokeswoman Regine Van Tomme told the VRT News "Of course it is preferable that you pay for your goods first and then eat them. However, if people say at the checkout or scan the barcode at the self-scan terminal there is no problem at all”.
Meanwhile, the supermarket chain Colruyt that is well-know for leaving out samples of products for people to try, shares Carrefour’s view on the instore consumption of goods that have not yet been paid for.
The company’s regional sales director Geert Gillis told the VRT that "What we sometimes see after school children go shopping with their mum or dad and are hungry. As long as everything is paid for everything is ok”.
Mr Gillis added that "Maybe this happens less frequently in our stores as people now that there are products left out for people to try”.
Dehaize is more strict
The supermarket chain Delhaize is stricter. The shop’s inhouse regulations clearly state that eating or drinking while shopping is not allowed. "Although in practice, the chances of being challenged about this are very small," Delhaize’s spokesman Roel Dekelver reassures. "We do turn a blind eye to this and also provide an exception anyway for people who need to consume something while shopping for medical reasons and of course during tastings."
Where Delhaize does have issues is with people eating items that are sold loose such as fruit or items from its instore bakeries as these don’t have packaging and it is impossible to verify whether the customer will actually pay for the item.
The Federal Justice Department’s Sharon Beavis says that Delhaize’s position is understandable. "Consuming goods while still inside the supermarket is a legal grey area. Whether or not this constitutes theft is determined by a person’s intent. In principle the presumption of innocence remains. However, it is difficult to know whether someone is acting in good faith. As shoplifting is so commonplace it is understandable that in practice shops assume that someone is acting in bad faith”. Ms Beavis advises the public not to consume items instore.