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At the end of several affairs, we notice that there are some cakes and pastries which are completely untouched. The caterer says that, by law of the health department, once a cake is out of its box, even if it is untouched, it must be disposed.

Is it considered, then, a mitzvah to take these cakes as we know they will be disposed (avoid Bal Tashchis)? Can we assume that once the cake is displayed, the owner assumes that it will be eaten, so he has relinquished "ownership" of the cake? The fact that it is untouched or even partially touched is incidental. Or do we need to assume that the owner may want all the leftover cakes himself, in which case taking anything would be considered stealing?

unforgettableidSupportsMonica
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DanF
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    At the catered affairs that I've helped to organize, the caterer always asked toward the end of the meal what we wanted to do with the leftovers, for what that's worth. (In other words, at least in my experience, there was never a presumption that the people who paid for the food had relinquished ownership.) – Monica Cellio Jul 14 '14 at 15:09
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    The best advice is when in doubt ask,if that's possible – sam Jul 14 '14 at 15:41
  • I didn't want to complicate the Q by asking in general if people can take displayed left-overs. I.e. - a cake is on display. The host assumes that it will be eaten, already. The fact that it's untouched is incidental. So, has the host already given up ownership by the mere fact that the cake is out there? Actually, I have edited this into the question. – DanF Jul 14 '14 at 15:52
  • Are you asking whether the ba'al Simcha has a right to take the food home, or whether a third party does? – Chanoch Jul 14 '14 at 21:50
  • See here for a bunch of ideas http://www.hebrewbooks.org/pdfpager.aspx?req=873&pgnum=264 – sam Jul 15 '14 at 20:54
  • Similar: http://judaism.stackexchange.com/q/11975, http://judaism.stackexchange.com/q/17714 – msh210 Jul 15 '14 at 21:28
  • Interesting regulation. I suppose your local health department is concerned because many foods (meats, fish, and lots of others) may become unhealthy once they've sat out at room temperature for hours. But I would be surprised if the regulation applies to pastries; and, if it truly does, you should complain to your health department. Nowadays, many local laws are viewable online. May I ask where you live? – unforgettableidSupportsMonica Jun 18 '15 at 03:05
  • There is one aspect that could affect the situation that has come up at work re remaining food. If remaining food is donated, the donor could be held liable if the recipients get food poisoning because of improper storage. – Epicentre Jun 22 '15 at 04:29
  • @Epicentre This is the premise used as to why caterers dump almost everything, anyway. Though, sadly, I have seen the opposite (I.e. caterers recycling food that was NOT stored and just adding a bit of fresh stuff to it. It's ugly, and if you knew what happens in some kitchens, you would never eat at anyone's affair ever!) In the example I was citing, the person taking the food accepts responsibility / liability, himself. I know that I didn't state this fact in the question. – DanF Jun 22 '15 at 15:48
  • @unforgettableid See ^^^^ – DanF Jun 22 '15 at 15:48

1 Answers1

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The laws vary from place to place. Many caterers have deals with charities to pick up the leftovers. As such, you really need to ask. Personally, I have asked a caterer for leftover pineapple boats, which I was happily given. (Dried pineapple is delicious!)

To answer specifically: "Is it considered, then, a mitzvah to take these cakes as we know they will be disposed (avoid Bal Taschis)?"

No. As the caterer does not transgress Bal Taschis by throwing out leftovers according to the law, you are not required to take any action. Whether taking it is considered meritorious, I do not know.

Can we assume that once the cake is displayed, the owner assumes that it will be eaten, so he has relinquished 'ownership' of the cake?

No. Event owners or the caterers may have plans for leftovers. You must ask or wait for them to throw it out (or otherwise reveal their intentions.)

Or do we need to assume that the owner may want all the leftover cakes, himself, in which case taking anything would be considered stealing?

You do not need to assume that he wants it himself to be barred from taking it. Even if he wants to throw it out, you cannot stop him. (Though you can take it after he throws it out.)

unforgettableidSupportsMonica
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please delete me
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    This answer would be improved if you could source the assertions therein (some of which are in dire need of sources, e.g.: "the caterer is not over Bal Taschis by throwing out leftovers" and "Even if he wants to throw it out, you cannot stop him"). – Fred Jul 15 '14 at 01:18
  • Proving a negative is difficult if not improssible. I do not see Bal Tashchis here at all. If a reason is presented why it should be Bal Tashchis, we will have what to discuss. As for not stopping a person from throwing out his own food, that is the definition of ownership. I do not think that requires a source, unless you are suggesting that we can stop people from doing what they want with their own items (in some cases). – please delete me Jul 15 '14 at 01:51