You might be thirsty, hungry, or need to feed a child while shopping at the supermarket. Or you might want to test a pen to see if it works, or smell a shower gel to see if it smells good. So, among the shelves, it's not uncommon to see someone opening a bottle of water, biting into a piece of fruit, or unscrewing the cap of a bottle. This seemingly harmless behavior, sometimes considered impolite, is risky, as it can be considered attempted theft, given that the intent to pay for the product at the checkout isn't always clear and demonstrable.
What Happens If You Open or Consume a Product Before Paying For It?
We probably don't realize it, but when we shop, we're establishing a "contractual" relationship with the grocery store, even though there's no actual written contract: as customers, we take possession of the goods we put in our carts, committing to pay for them before leaving. Until we reach the checkout, the goods remain property of the grocery store, and the customer only has temporary custody of them in the cart, while retaining the freedom to put them back on the shelf if they change their mind. The situation becomes logically more complicated when we consume part of what we still have to buy in the aisles: there's no law that absolutely prohibits using a product before reaching the checkout, but the problem primarily concerns the intention with which this action is performed. Showing the empty package to the cashier demonstrates the intention to pay and excludes the crime; Conversely, consuming food and hiding its packaging constitutes the crime of shoplifting, a crime punishable by paying fines or short jail sentences. A different situation applies to those who consume food and then abandon the packaging on the shelves or hide it, with the aim of avoiding payment, making it impossible or much more difficult for staff to identify and charge them.
Opening a Package Vs. Damaging the Product
If you open a package, but keep it and take it to the checkout, the product, even if it's finished, remains identifiable and the customer can pay for it regularly. The same generally applies to someone who begins consuming a food item and keeps the packaging with the barcode so it can be swiped regularly. The situation is different when you open a package, use only part of it (such as eating a few biscuits from a bag), and leave the rest on the shelf. In that case, goods have been improperly stolen and the product is no longer saleable to third parties, causing harm to the retailer, who can contest the behavior, demand payment for the entire merchandise, and possibly even call the police. This involves potentially damaging the merchandise even if the quantity remains unchanged when the packaging is damaged, with no possibility of returning it to its original condition: one of the most common situations is wanting to smell the scent of a detergent, fabric softener, or shower gel. Breaking the seal or partially using a product renders the goods unsellable: this behavior not only requires compensation in civil court, but in the most serious cases can constitute the criminal offense of damage.
If You Need Something to Eat Right Away, Ask the Staff
There are situations where consuming something while shopping may be a necessity, not simply a convenience. For example, a child may need to eat or drink immediately, or a person may need to consume a specific food item for a specific reason. In these cases, the simplest solution is to ask a supermarket employee first: speaking to the staff helps avoid misunderstandings and immediately learn the rules applied within that store. The manager, in fact, can prohibit the use of goods before payment for various reasons, ranging from customer safety to hygiene and sanitation, as is the case with food and drinks brought in from outside. One option, if the supermarket allows it, is to immediately pay for what you want to consume and then continue your shopping trip.
Cases to Pay More Attention To
Not all supermarket merchandise is the same. As previously mentioned, a difficult situation can arise when dealing with loose, self-service products, such as fruit and vegetables, bread, or sweets, by weight. Before weighing, it's impossible to determine the selling price, increasing the risk of being mistaken for someone attempting to commit an illegal act.
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