NJ Grocery Store Chain Sold Spoiled Beef, Poultry, Agrees To $75K Fine, Officials Say

TOMS RIVER, NJ — A grocery store chain has agreed to pay $75,000 and immediately change its procedures after investigators found the company was mislabeling freshness dates on beef and poultry and selling spoiled products, officials said Monday.

Ocean County Department of Consumer Affairs officials said a consent agreement has been reached with Stop & Shop supermarkets to pay $75,000 in fines and penalties and to implement stricter safeguards to ensure accurate product labeling and compliance across all of its 46 New Jersey locations following the investigation that started because of complaints about the sale of spoiled meat and poultry at the Stop & Shop in Toms River.

"At Stop & Shop, we take all food safety matters very seriously," Daniel Wolk, the external communications manager for Stop & Shop's New Jersey stores, said in an emailed response to Patch on Tuesday. "With respect to this specific situation, upon being notified of the matter, we conducted an investigation and took immediate action. We follow industry best practices and manufacturers’ instructions on expiration dates on our products."

Consumer protection investigators found mislabeled product dates and spoiled products waiting to be placed on display, officials said. The investigation then expanded to all five Stop & Shop stores in Ocean County, authorities said, where they found "systemic mislabeling practices."

Beef and poultry were stamped with dates indicating when they were put out for display rather than when they were packaged, "creating the appearance of freshness well beyond the actual delivery dates," officials said.

Investigators learned Stop & Shop had moved away from in-store butchers and was relying heavily on prepackaged products prepared by off-site wholesalers, officials said.

In some cases, the meat and poultry were stamped with expiration dates that exceeded the recommendations of wholesalers, officials said.

"In one instance, a wholesale box delivered in February was not opened until March, yet was labeled as if it had been freshly packaged that day," officials said.

County officials said Stop & Shop corporate counsel and senior management cooperated with the investigation but "initially characterized the matter as a 'mislabeling issue.' "

The consent agreement negotiated with Stop & Shop by Laura Comer, an attorney for Ocean County, and Ronald Heinzman, the county's director of Consumer Affairs, requires "immediate corrective action to protect consumers," officials said.

The New Jersey Attorney General’s Office and the state Division of Consumer Affairs were also briefed and engaged to ensure statewide accountability, Ocean County officials said.

"This was a serious breach of consumer trust and confidence," Heinzman said. "Consumer Affairs took a strong position that this was an immediate public safety, health, and welfare issue."

The case was led by Consumer Protection Investigators Andrew Chencharik and Anthony Fontana, with legal oversight provided by Comer, officials said. The Ocean County Health Department also was consulted, officials said.

"I commend the Ocean County Department of Consumer Affairs for their steadfast commitment and professionalism in protecting the interests of our residents," said Ocean County Commissioner Robert S. Arace, liaison to the department. "This was a matter of considerable importance, and we deeply appreciate their prompt and decisive actions in ensuring it was thoroughly addressed."