If a store were to throw away some expired merchandise, such as chocolates still wrapped in their original packaging, and someone was to remove the chocolates for their own personal consumption, would that be considered theft?

Hello imp:

No, it wouldn't.

But, interestingly enough, if somebody ate the expired chocolates they found in a dumpster, and they got sick, the company can be sued.

excon

It depends was the dumpster properly marked for no tresspassing, or some marking to say not to remove.

Was the dumpster on or in a alley or did you have to enter property to get to dumpster.

I have arrested many people when I was a officer for getting into the garbage bins, they were marked for no tresspassing,

We arrested them for tresspass.

Did you find the chocolates tasty?

Yes, you can be arrested for trespassing if the dumpsters were marked accordingly or you had to go onto private property to get to them or they were behind a fence, etc.