Help Settle This Debate! It's Outta Control!

[sunnie.mom]

What is the name of your state? Ohio

Is it legal to open packages and snack while in the grocery store?

I have friends that think as long as you are planning to pay, its perfectly fine to eat anything you want in the store, as long as you save the package and pay. Others think that it might be considered shoplifting, since the store can't determine whether or not one intends to pay, and you are consuming product for which you have not paid yet. Someone else said that there is nothing a store can do legally until someone leaves the store without paying, whether the food is in the package or in their stomachs!

I have alot of freidns that do this with their kids- I'd hate to see them in trouble! What say you all!

 

[racer72]

If caught, they can and will be charged with shoplifting. I have seen it happen.

 

[sunnie.mom]

If caught, they can and will be charged with shoplifting. I have seen it happen.

You have seen people charged with shoplifting for eating in the store?

I don't mean to be redundant- I just want to clarify this. A gf of mine feels that if stores consider eating in the store to be shoplifting, then they should post that policy- but I thought it was common sense. A local store manager said that he thought the customer had to attempt to leave the store first, even though they had opened a package.

You would not believe how big a debate this has become!

Any more input or information would be SO appreciated!

 

[badexperience]

ny

i don't know the law, but no one should open any packages while shopping because they DO NOT own it yet!!!
The only exception is if someone is diabetic and needs an emergency fix.
*my mother had this happen once--her sugar dropped and i grabbed some jice and opened it for her. we of course purchased it after.

Bottom line: do not eat what you do not own in the grocery store.

 

[fedcop110]

OK, here's the deal. In VA, if there is a willful concealment of goods or merchandise, even If you are still on the premises of the store you are guilty of petit larceny.

If, hypothetically, the DA could prove willful concealment of the goods then you would be guilty of the larceny. Even though the person in question conceals the contents of the food bag or container I don't believe petit larceny would apply due to the fact that the bag was not concealed in an attempt to leave the store without paying (willfuly). Now if the bag was set aside or the individual attempted to leave the premises, then maybe.

In any event I don't know of any prosecuter that I have ever dealt with that would touch something like this.

 

[CdwJava]

I HAVE seen people charged with this.

Unfortunately, store employees don't have ESP. And it's one thing to conceal an item of food and another thing entirely to conceal the wrapper. A wrapper can easily be stuffed in to a pants' pocket, dropped on the floor, hidden on a shelf, etc. and the store would never be able to show the theft.

I HAVE seen theft charges made for this in CA. Although, the ones I have been on were pretty obvious that payment was never intended.

On a personal note, my children will not be allowed to do that. If they need to eat immediately, they can go to Burger King. Otherwise, they can wait til they get out of the store.

Then there is the issue of licensing for on site consumption ...

- Carl

 

[sunnie.mom]

Exactly! Even if someone intends to pay for an item, how is the store supposed to know that you are the honest one, and the rest of the people who are scarfing down PopTarts and Cheetos are the crooks?!?

I always thought it was just common sense that opening packages and eating in the store was wrong- but since I started asking around, I have talked to dozens of people who do this on a regular basis, and think nothing of it. Most of them feel that as long as they keep the package visible, so that it doesn't look like they are trying to conceal it, they are OK.

I still think it's the principle involved- grocery stores don't operate like a restuarant, where you eat first and pay later.

Your responses have been helpful- thanks so much!

 

[fedcop110]

I agree completely with badexperience and Carl, My daughters will never be allowed to eat in the grocery store. Whether larceny or not it leaves too much open for interpretation.

I HAVE seen theft charges made for this in CA. Although, the ones I have been on were pretty obvious that payment was never intended.

If there was an obvious attempt to exit the premises without paying for the merchandise I can see a conviction for larceny.

Or an obvious attempt to conceal (eat ) the property to avoid paying for the item then I can see a conviction.

Simply eating the merchandise on your way to the checkout (with the intention of payment) very likely could result in a charge of petit larceny but I have never seen it. Just my two (or maybe four) cents.