I ate food at a restaurant and got food poisoning, what should I do?

Penalty for Selling Spoiled Food and Medicine (Turkish Penal Code Article 186)

1. Introduction: Spoiled Food and Medicine Don't Just "Upset Your Stomach," They Constitute a Crime

Expired produce bought from supermarkets, improperly stored meat, illegally produced vitamins, unlicensed medicines sold online... All of these not only "upset your stomach"; according to the Turkish Penal Code, "crimes against public health .

In the Turkish Penal Code No. 5237;

Turkish Penal Code Article 185 – Adding poisonous substances to or contaminating food, beverages, and water .
Turkish Penal Code Article 186 – Trading in spoiled or altered food or drugs,
Turkish Penal Code Article 187 – Manufacturing or selling drugs in a manner that endangers the lives and health of individuals.

These provisions are structured to severely punish the spoilage, alteration, or marketing of food and medicine in a way that endangers people's lives and health.

Furthermore, Law No. 5996 on Veterinary Services, Plant Health, Food and Feedgrants the Ministry of Agriculture and Forestry broad inspection and administrative enforcement powers to ensure food safety.

Therefore, both businesses selling spoiled food/medicine and restaurants, cafes, hotels, etc. that serve these products may face penalties , administrative sanctions , and liability for damages

2. What is spoiled or altered food/medicine?

In legal terms, "spoilage" refers not only to a change in taste or smell, but also to any physical, chemical, or microbiological deterioration that poses a risk to human health . For example:

Chicken that has grown bacteria because it was kept at an inappropriate temperature,
Dairy products with a broken cold chain,
Drugs that have expired, have become ineffective, or have become toxic,
Food products whose quality has been reduced by adding water, dyes, or other substances,

This could be considered "spoiled/altered food or medicine" under Article 186 of the Turkish Penal Code.

Article 186 of the Turkish Penal Code :

Individuals who sell, supply, store/possess any food, drink, or medicine that has been spoiled or altered in a way that endangers the life and health of individuals ,
The offender is punishable by imprisonment from 1 to 5 years and a fine of up to 1,500 days' worth of daily wages
If this act is committed within the scope of a profession requiring official permission (e.g., restaurant management, pharmacy), the penalty is increased by.

The key point to note here is
that it is not necessary for anyone to actually become ill; creating a risk is sufficient. In other words, even offering spoiled food for sale can constitute a crime (abstract danger crime), even if no one gets sick.

In the case of pharmaceuticals, Article 187 of the Turkish Penal Code applies; individuals who produce or sell pharmaceuticals in a manner that endangers the lives and health of people imprisonment of 1-5 years and a judicial fine ; the penalty is increased for physicians, pharmacists, or those practicing the profession with official permission.

If a poisonous substance has also been added to the food , then Article 185 of the Turkish Penal Code comes into play, and the penalty can be much more severe, ranging from 2 to 15 years of imprisonment

3. How are Food and Drug Inspections Conducted?

The fight against spoiled food and medicine is not limited to criminal proceedings; the administrative oversight aspect is also extremely strong.

3.1. Food Inspection – Ministry of Agriculture and Forestry

According to Law No. 5996, the licensing, registration, and regular inspection of food businesses fall under the responsibility of the Ministry of Agriculture and Forestry and the Provincial/District Directorates of Agriculture and Forestry

Inspections;

Scheduled (periodic) inspections,
Risk-based audits,
Surprise inspections carried out following consumer complaints

The process is carried out as follows: Samples are taken during inspections, laboratory analyses are performed; if non-conformities are detected:

Administrative fine,
Product recall and destruction,
Temporary or permanent suspension of activity,
Harsher penalties in case of repeat offenses

applicable.

The most important hotline for consumers to report food safety complaints the ALO 174 Food Hotline. Complaints made through this hotline or via the e-Government/Ministry of Agriculture system are forwarded to the relevant provincial directorate, and inspections are carried out as soon as possible.

3.2. Control of Pharmaceuticals – Ministry of Health and Turkish Medicines and Medical Devices Agency (TİTCK)

The licensing, marketing, recall, and side effect/quality complaints of pharmaceuticals are monitored by the Turkish Medicines and Medical Devices Agency (TİTCK), which is affiliated with the Ministry of Health

Regarding unlicensed, counterfeit, smuggled, or spoiled medicines;

To the Provincial/District Health Directorates,
To TİTCK (via petition, e-mail, e-Government),
To CİMER

Complaints can be filed. These complaints may lead to actions such as product recalls, administrative fines, license revocation, and criminal charges being filed with the prosecutor's office.

4. Legal Consequences of Serving Spoiled Products in a Restaurant

In the event that spoiled or contaminated food is served at a restaurant, cafe, hotel, or catering company, there are three main areas of responsibility:

4.1. Criminal Liability

Depending on the specific case;

Knowingly offering spoiled food for sale: Turkish Penal Code Article 186 (trading in spoiled/altered food).
Deliberately adding poisonous substances to food: Turkish Penal Code Article 185 (adding poisonous substances).
Stomach poisoning, hospitalization, organ loss, or death due to spoiled food:
- Crimes against public health can occur together with negligent injury (Turkish Penal Code Article 89) or negligent homicide (Turkish Penal Code Article 85)

In most cases, liability in these lawsuits is;

The business owner,
Business owner/manager,
Chef or food engineer responsible for production/service

This may arise from the fact that the product was known to be defective and sales continued. In particular, if it is proven that the product was known to be defective, intentional conduct may also come to the fore.

4.2. Administrative Responsibility

As a result of the inspection by the Ministry of Agriculture and Forestry;

The company was given a hefty administrative fine.
Banned from activity,
Closure of the business,
Collection and destruction of products.

Such sanctions may be applied.

4.3. Liability for Damages (Private Law)

Restaurants are obligated to provide food to consumers a "free and safe" manner. According to Law No. 6502 on Consumer Protection, goods and services that do not conform to the contract and endanger health and safety defective goods/defective services .

A person who becomes ill due to spoiled food;

a refund of the amount paid,
Compensation for damages (material damages) – medical expenses, medication, loss of earning capacity, travel expenses, etc.,
In appropriate cases, compensation for non-pecuniary damages (Turkish Code of Obligations, Article 56)

can request.

5. I ate spoiled food at a restaurant and got sick: Where should I go for help, what should I do?

This section is practically the most searched part by citizens: a step-by-step answer to the question, " I ate spoiled food at a restaurant and got food poisoning, what should I do? "

5.1. Health First: Seek Immediate Hospital/Doctor Consultation

Go to a healthcare facility immediately.
Be sure to tell your doctor "which restaurant you went to, what you ate, and when your symptoms started.".
Keep all test results and reports (epicrisis, test results, prescriptions).
If possible, don't throw away leftover food or products; saving them can sometimes be used as evidence (for sampling).

5.2. Gather the Evidence

Restaurant receipt/invoice, bill,
Menu photos, photos of the items on the table,
The testimony of those who ate with you ,
Camera recordings (restaurant, site, workplace camera),
Your social media posts (with date and time display).

These can be used as evidence in both criminal and civil lawsuits.

5.3. Where can I file a complaint?

Ministry of Agriculture and Forestry – ALO 174 FOOD HOTLINE
- You can file a complaint by calling 174, or through the mobile application or website.
- The Provincial/District Directorate of Agriculture and Forestry conducts inspections at the facility and takes samples if necessary.
Complaint filed with the Public Prosecutor's Office
- Selling spoiled food is a crime under Article 186 of the Turkish Penal Code; you can file a petition with the prosecutor's office initiate a criminal investigation .
- It would be helpful to attach your hospital reports, receipts/invoices, and any photo or video evidence to your application.
Municipal Police Department
- You can file a complaint with the municipal police regarding issues such as operating without a license, violations of hygiene rules, price tags, and misleading information on the menu.
CİMER Application
- If you are unsure which institution to contact, you can apply through CİMER (the Turkish Presidential Communication Center) and have your complaint forwarded to the relevant institution.

5.4. Consumer Arbitration Board and Compensation Lawsuit

for a refund of the bill you paid and compensation for the financial losses you suffered under Law No. 6502.

For disputes under 149,000 TL in 2025, first apply to the Consumer Arbitration Board.
For claims of 149,000 TL and above, the prerequisite to litigation is mediation followed by proceedings in the Consumer Court (or the Civil Court of First Instance if there is no Consumer Court)

In the application;

Medical reports,
Paid bill/receipt/invoice,
Complaint letter,
Evidence such as photographs, witness testimonies, correspondence, etc.

should be added.

5.5. In Case of Using Defective or Counterfeit Medicine

If the problem is caused by the medication you're taking , rather than the food you're eating :

To the Provincial/District Health Directorate,
To the Turkish Medicines and Medical Devices Agency (TİTCK),
To CİMER

You can file a complaint; you can also file a criminal complaint with the Public Prosecutor's Office Article 187 of the Turkish Penal Code .

6. What should you pay attention to when exercising your rights?

Don't miss the deadlines.
- The general statute of limitations for the crimes listed in Articles 186 and 187 of the Turkish Penal Code is 8 years (corresponding to prison sentences of 1–5 years).
- In compensation and consumer disputes, the general 2-year and 10-year limitation periods stipulated in Law No. 6502 and the Turkish Code of Obligations should be taken into consideration
Don't lose the evidence.
- Don't throw away your receipt thinking "it's a small amount anyway"; in most cases, the strongest evidence is the document showing the amount you paid.
If there is collective grievance, act together.
- If multiple people were poisoned at the same restaurant on the same day, acting together in both the criminal investigation and the compensation lawsuit makes proving the case easier.
Seek professional legal assistance.
- Each case has different requirements for proof, different types of damages, and different intent/negligence on the part of the perpetrator; therefore, planning both the criminal proceedings and compensation claims through a lawyer significantly reduces the risk of losing your rights.

7. Conclusion: A Plate of Food Can Turn into a Criminal Case

Selling spoiled food or medicine;

Not just “customer dissatisfaction”,
Crimes against public health,
Wide-ranging administrative sanctions and
This is a serious legal breach that can give rise to significant liability for damages

When you encounter a defective product in a restaurant, supermarket, or pharmacy, instead of saying, "Never mind, these things happen";

Secure your health (doctor-hospital),
Gather the evidence
Call ALO 174, or file your complaints with the relevant directorates and the prosecutor's office
For your material and moral damages, use the Consumer Arbitration Board and court channels.

Being a conscious consumer means both protecting your own rights and contributing to the protection of public health.

#CriminalLaw, #CONSUMERPROTECTION, #ConsumerProtection, Lawyer Ferhat Küle, Legal Consultancy, IstanbulLawyer, Counterfeit Products, TKHK

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I ate food at a restaurant and got food poisoning, what should I do?