Is it legal to sample produce in Publix in Florida?

• While not strictly illegal, eating produce in a grocery store without paying is technically theft.
• Most grocery stores, like Publix and Whole Foods, allow sampling if you ask an employee first.
• Unwashed produce can carry health risks from pesticides, bacteria, and other contaminants.

You're in Publix, looking through the produce section for just the right bag of grapes or blueberries. Can you pop one in your mouth? Should you? Is it legal? Will you do jail time?

The practice is a contentious one. Grape munchers say they just want to make sure they taste good before buying them, and besides, no one will miss one or two. A recent Fort Myers News-Press poll on sampling produce found 80% of the respondents chose "No. It's rude, like stealing and it could impact your health."

The Simpsons even weighed in on the matter in an early episode, when Lisa called out Marge for eating grapes, resulting in a shameful checkout confession and an exasperated clerk. In "Everybody Loves Raymond," Ray's father Frank (played by Peter Boyle) got into a shouting match with a produce manager over some pilfered trail mix.

For the most part, grocery stores are pretty chill about it. Most, such as Sprouts Farmers Market, request that you ask someone first. Store owners are aware free samples (in moderation) often result in sales.

Whole Foods goes further with a "Try Before You Buy" policy.

"Our team members can open a bag of chips, slice a piece of fruit or twist open bottled iced tea," the company said on its website. "That way you can bring home products you like."

Does Publix mind if you eat a few grapes?

"If a customer would like to sample an item in produce, we invite them to ask for the produce manager/assistant produce manager and they will be happy to assist," said Publix spokesperson Lindsey Willis in an email.

Is sampling produce illegal in Florida?

Can you get arrested or fined for swiping a grape? Only if you're creating a nuisance or downing half a bag of them, and even then, you'd likely just be asked to leave.

There is no specific Florida or federal law about theft of produce at that scale that wouldn't be more trouble than it's worth to enforce. The U.S. Food & Drug Administration's Food Code doesn't mention it, although it does have safety guidelines for stores on offering produce as samples.

That said...

Is it a good idea to eat grapes or other produce while shopping at a grocery store?

There are several good reasons not to snarf down produce in the store that isn't set out for that purpose, even if you plan to buy it:

• It's theft. If you eat more than a few items from a bag sold by weight, you'll be underpaying when you check out. If you sample from a product that doesn't sell by weight and then don't buy it, the next person will get less than they pay for.
• It's poor etiquette and bad hygiene. Grazing in the produce section can set a bad example for any children who see you do it, and it's inconsiderate to other shoppers who are left with the food you've been handling.
• It can be a health risk. Supermarket produce may still have traces of pesticides, contamination from the farm, and whatever the grocery store employees had on their hands.

Is it safe to eat grapes in the grocery store?

Excess moisture on fresh fruits and vegetables can cause them to spoil faster, so stores usually put them out for sale as is. Shoppers are expected and encouraged to wash their produce before they use it.

That means the grapes you pop in your mouth in the store could still be dusted with pesticides (including PFAS or "forever chemicals"), fecal matter from farm animals, debris from shipping, and other things you probably don't want to swallow. In recent years, several different multi-state Salmonella outbreaks have started with Florida-grown produce.

In the Environmental Working Group’s (EWG) 2026 Dirty Dozen guide to produce with the highest levels of pesticide residues, based on laboratory tests conducted by the Department of Agriculture’s Pesticide Data Program, grapes were No. 4 on the list, right after strawberries.

Next were nectarines, peaches, cherries, apples, blackberries, pears, potatoes and blueberries. First on the list: spinach, which the report said has more pesticide residue by weight than any other type of produce, followed by greens such as kale.

So while some minor produce grazing isn't illegal, there may be other consequences. You should never sample what you don't plan to buy, and ask an employee for help. They'll clean and even slice the produce before bringing it to you.

How to clean your produce

Food processing is monitored at local, state and federal levels, but sometimes things get through, especially with produce and raw meat. The U.S. Food & Drug Administration offers these tips:

• Choose produce that isn't bruised or damaged, and cut away any damage or bruising that occurs after you buy it.
• Wash your hands for 20 seconds with warm water and soap before and after preparing fresh produce.
• Thoroughly rinse fruits and vegetables under running water before eating or preparing them, especially if they won't be cooked. Gently rub produce under the water — soap or a produce wash are not necessary — and use a clean vegetable brush to scrub firm produce, such as melons and cucumbers.
• Dry produce with a clean cloth or paper towel to further reduce bacteria that may be present.
• Remove the outermost leaves of a head of lettuce or cabbage.
• Store perishable produce in the refrigerator at or below 40 degrees.
• Avoid eating raw sprouts such as alfalfa, clover, radish, and mung bean
• Drink only pasteurized or shelf-stable fruit and vegetable juices

C. A. Bridges is a journalist for the USA TODAY Network-Florida's service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY.