It is sometimes assumed that a food which is not marketable by law must also be withdrawn from the market. However, Art. 19 of Regulation (EC) No. 178/2002 requires a market withdrawal only for unsafe food. Is a food which is not marketable then automatically also unsafe food? This short analysis shall present the two legal concepts of ‘marketability’ on the one hand and ‘food safety’ on the other in order to answer the question and to help differentiate between not marketable and unsafe food. Is it justified to equate a lack of marketability with a classification as ‘unsafe’? Or are there essential differences between the two concepts so that there can be food which is not marketable but safe? The answers to these questions are especially important with respect to the legal consequences, in particular the issue whether it is necessary to withdraw a food from the market.