The Law on the Prevention of Food Loss and Waste, passed in 2025, moves from being a recommendation to a strict obligation and marks a milestone in Spanish food sustainability.
This regulation, which had allowed the sector a one-year grace period for adaptation, has been in effect since April 3. Failure to comply with its requirements can result in fines of up to half a million euros.
The goal is ambitious and aligned with the 2030 Agenda: to halve per capita food waste.
New obligations for businesses
The affected companies, those actors in the food chain, must implement the following key measures.
- On the one hand, prevention plans. That is, all mandatory documents identifying where food is lost and how to prevent it ( stock adjustments, efficient purchasing, and processing of surpluses).
- Likewise, they must apply the Hierarchy of Priorities, a legal order of action that places human consumption at the top:
In other words, to avoid food waste at all costs by prioritizing donations above all else.
- And the last of these points concerns donation agreements. The companies in question must sign agreements with social organizations or food banks to channel surpluses in a safe and traceable manner.
All of this means finding more fruits and vegetables in supermarkets that used to be discarded due to their appearance. Consequently, there will be more products discounted due to approaching expiration dates or imperfect appearance, and the option to take home leftovers in a Tupperware container if you don’t finish your meal at bars and restaurants.
The right to “take leftovers” at no extra cost in bars and restaurants
One of the most talked-about points is the change in the restaurant-customer relationship. Under the law, restaurants are required to clearly inform customers (on the menu or in the dining area) that they may take home any food they have not consumed.
The point is that they will be able to do so at no additional cost. Thus, no extra charge may be applied for the delivery service of leftovers, and suitable containers (preferably sustainable ones) must be provided.
In any case, this regulation does not apply to all-you-can-eat buffet formats. Additionally, micro-enterprises with fewer than 10 employees, small agricultural operations with fewer than 50 employees, or establishments with less than 1,300 m² of retail space are also exempt from submitting a specific plan.
Fines of up to €500,000
Failure to comply with these measures results in fines divided into three tiers:
- Minor fines of up to €2,000 apply, for example, for failing to inform customers of their right to take home leftovers.
- Severe fines. Companies that do not have a prevention plan or that intentionally destroy food fit for consumption will be fined up to €60,000.
- And very severe fines. Up to €500,000 for repeat serious violations.
