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Is it illegal in Ohio to take food home from a buffet style restaurant? What the law says

Buffet-style restaurants have some of the best food around— and a lot of it.

All-you-can-eat fried chicken, mac and cheese, meatloaf and more. Plus, let’s not forget dessert.

But be sure to eat your weight in food before you leave because packing a to-go plate is just not a thing at buffets.

But why not?

According to Marketplace writer Nancy Marshall-Genzer, there’s actually a lot that goes into buffet-style restaurants and probably the most important thing is determining the price per person.

Because the bottom line is, if the plates aren’t priced right, buffets could be losing money. And if there’s no profit, buffets could soon be a thing of the past. And we don’t want that to happen, now do we?

Here’s how buffets come up with their pricing:

Typically, buffet-style restaurants have a set price for the “all-you-can-eat” plates and that price is based on three things:

  • How much each person will eat: buffets usually assume each customer will consume around one pound of food.
  • Average number of customers in a day
  • Daily food cost
  • After doing the math in each category, the buffet will set a price per person who will dine in. But note, that’s dining in, not take out.

So, what if you make your own plate to-go? Can you get in trouble for that? Here’s what we know:

Is it legal to take food home from an all-you-can-eat buffet in Ohio?

Well, maybe. Let’s see why:

While restaurants can ban you from coming back and refuse to serve you, they can’t have Ohio law enforcement arrest you for doing this on the spot. However, they can press charges later on for stealing. In Ohio, theft laws make it illegal to steal in the following ways:

  • Without the consent of the owner or person authorized to give consent;
  • By intimidation;
  • By threat;
  • By deception; and
  • Beyond the scope of the express or implied consent of the owner or person authorized to give consent.
  • All violations result in a misdemeanor, but if the value stolen exceeds $1,000 (but is under $7,500), it is considered a felony of the fifth degree. From there, the charges go up depending on how much you steal.

So, if you thought you could take some home for tomorrow’s dinner, think again. But there are such things as a “weigh and pay” now at certain buffet chains like Golden Corral. It works by grabbing a to-go box that you can fill with as much food as you want from the buffet and then pay based on the weight of your food.

What other questions do you have? Let me know in the comments or email me at cmadden@mcclatchy.com

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Chelsea Madden
The Telegraph
Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.