Spain passes a law to prevent food loss and waste throughout the entire food chain

Law 1/2025 of April 1, 2025, on the prevention of food loss and waste, which seeks to prevent and reduce food loss and waste by all food chain operators, has been published in the Official State Gazette.

This new piece of legislation aims to meet the food system-related responsible production and consumption target set out in Agenda 2030, i.e. to halve per capita global food waste at the retail and consumer levels and to cut food losses along production and supply chains by 20% by 2030, compared with 2020 levels.

The law applies to the activities performed by food chain operators, defined as operators pertaining to the primary sector (including cooperatives and other associations), entities or companies engaged in food preparation, production or distribution, retail traders, companies in the hospitality or catering sector and other food services suppliers, third-sector entities involved in social action or welfare and other not-for-profit organisations engaged in the distribution of donated food, as well as the public authorities.

Hierarchy of priorities

Among other aspects, the preamble to the new law considers it essential to set in place a hierarchy of priorities to which food chain operators will have to adapt their operations:

• Prevention comes first, incorporating any agricultural products or food left unsold, but still fit for human consumption, within other alternative products for human consumption.
• In the case of surplus production that has proven impossible to avoid:
  • It must first be set aside for food donation and other forms of redistribution for human consumption.
  • Failing that, the food should be used to feed animals and produce animal fodder.
  • Where neither option is feasible, the surplus must be used as by-products in another industry.
  • In the final instance and now in the form of waste, it should be used for recycling and, in particular, for obtaining compost and digestate of the highest quality to be used in soils or, where this proves impossible, for energy recovery by obtaining biogas or fuel.

All food chain operators must apply this hierarchy of priorities to all food loss or waste at any stage of the food chain under their control, taking the appropriate measures to ensure this. Any contractual provisions that expressly rule out food donation are null and void as a matter of law.

Moreover, all food chain operators must have in place a food loss and waste prevention plan, setting out the manner in which the hierarchy is to be applied. The authorities will release guidelines on what form such plans should take. They will also have to enter into agreements to donate surplus food production to social welfare and other not-for-profit organisations or food banks, save where this proves unfeasible and such circumstance is duly justified.

Exemptions for certain businesses

Transformation, retail trade, food distribution, hospitality and catering activities pursued in establishments with a surface area of 1,300 m² or less (in the case of non-retail companies), or with a usable display and sale area of 1,300 m² or less (in the case of retail companies), are exempt from these two obligations. Nonetheless, regardless of size, any establishments operating under the same taxpayer identification number and which, together, have an overall surface area in excess of 1,300 m² (in line with the criteria detailed above) will be subject to these obligations.

Micro-enterprises are also exempt from these two obligations, while small agricultural holdings are exempt from all of the obligations imposed under the law.

Uneaten food, good practices and best-before dates

Food chain operators that are hospitality companies or other food services suppliers will also have to allow consumers, at no extra cost whatsoever (except in the case of the plastic packaging for which they are legally required to charge a fee), to take any uneaten food with them, with the exception of free buffet or like formats, as well as to clearly and visibly announce this option in the establishment itself (preferably on the menu).

In addition to other obligations applicable specifically to companies, social welfare entities, not-for-profit organisations and the public authorities, good practices to which food chain operators can voluntarily sign up have also been established. For instance, retail outlets may sell lines comprising “ugly”, misshapen or aesthetically unappealing products.

The law also requires that the government adopt public policies and measures aimed at rationalising the use of best-before dates.

Penalty regime

The new law introduces a penalty regime. Failure to have in place a business plan to prevent or curtail wastefulness and food waste, or the wilful destruction or alteration of food fit for consumption, will be deemed serious infringements (subject to a fine of between €2,001 and €60,000).

While a failure to observe the hierarchy of priorities or to donate food on the terms envisaged in the relevant agreement, or the inclusion of contractual anti-donation clauses, will be deemed minor infringements (subject to fines of up to €2,000), it is worth bearing in mind that any repeated perpetration of such infringements will constitute a serious infringement, and a very serious infringement in the case of repeated serious infringements (subject to a fine ranging between €60,001 and €500,000).

Additional Provision Six of the law introduces a set of rules aimed at determining the representative authority of the state-level professional agricultural organisations.

Products without primary packaging

Elsewhere, particularly worth noting is the amendment introduced under Final Provision Thirteen to Article 18.4 of Law 7/2002 of April 8, 2022, on waste and contaminated soils for a circular economy, which does away with the requirement whereby retail food outlets with a surface area of 400 m² or more must set aside at least 20% of their sales area for products offered without primary packaging, including sales in bulk or in reusable packaging. Instead, such outlets must now promote the sale of such products.

Entry into force

Final Provision Twenty states that the law will be deemed to have entered into force as from January 2, 2025, with the exception of the above-mentioned Additional Provision Six, the Repealing Provision and certain final provisions introducing legislative amendments, which will enter into force on April 3, 2025. The obligations imposed on food chain operators, including the obligation to have in place a food loss and waste prevention plan, will apply as from April 2, 2026.