In Spain, a law to combat food waste

Clémence Lepla, June 2025

The Conversation

14% of food produced is thrown away or lost before it even reaches the shops. 19% is then thrown away by shops, restaurants or individuals. To combat this scourge, Spain has just passed a law with unprecedented penalties. But will this be enough to stem food waste?

Spain has just adopted a new law to combat food loss and waste. Published on 1 April 2025, it aims to reduce loss and waste at all stages of the food chain, from harvest to consumption, by promoting a more sustainable model. Although a law already existed in Catalonia, the measures have now been harmonised.

The targets set are ambitious. The law aims to reduce food waste per capita by 50% and food losses by 20% by 2030. Food loss refers to food that is lost or discarded before reaching retail stores, during harvesting, processing or transport. Currently, 14% of the food produced worldwide is lost at this stage. Food waste refers to food available for sale or consumption that is discarded by supermarkets, restaurants and households. It accounts for 19% of the food produced worldwide. These figures marked a real turning point in global awareness of this issue, prompting governments to adopt ambitious policies to tackle it.

Unprecedented in Spain, this law is an important step in the fight against food waste. It is in line with the European Union’s sustainable development goals, which aim to reduce food losses by 10% (compared to the average annual amount generated between 2021 and 2023) and food waste per capita by 30% by 31 December 2030.

The text also contains provisions similar to those of the law on combating food waste, known as the Garot Law, adopted by France in 2016. Although the measures are not entirely identical, both texts pursue the same objective: to combat food loss and waste.

All actors in the food chain involved

To achieve this objective, the participation of all actors in society is necessary. The Spanish law therefore applies to a wide range of actors operating in the country. It is aimed at professionals involved in the production, processing and distribution of foodstuffs; restaurants; the hotel industry; consumers; food donation associations and public authorities. Only micro-enterprises are excluded from the scheme.

Unlike French law, Spanish law also applies to operators in the primary sector, such as farmers, livestock breeders, fishermen and agricultural cooperatives.

An order of priority to be respected

Economic operators in the food chain must respect an order of priority inspired by the European Waste Directive. Thus, when a food product cannot be sold, it must be donated or processed (e.g. fruit processed into jam). If this is not possible, the food can be used to feed animals. Otherwise, it will be processed by industry into non-food by-products (biofuel, bioplastics, etc.), recycled or composted.

The law also prohibits any action intended to render food unfit for consumption or recovery, such as pouring bleach on unsold items.

Failure to comply with this order of priority is classified as a ‘minor offence’ and is punishable by a warning or a fine of up to £2,000. This offence may be reclassified as a ‘serious offence’ if it is committed again within two years of the administrative penalty imposed for the first offence. In this case, it is punishable by a fine of between £2,001 and £60,000.

The intentional destruction or alteration of unsold foodstuffs that are still fit for consumption is considered a ‘serious offence’. If this type of offence is repeated, it may be reclassified as a ‘very serious offence’. It will then be punishable by a fine of between €60,001 and €500,000. The law allows the 17 autonomous communities of Spain a certain amount of leeway at the regional level to increase these thresholds and/or include other additional or ancillary penalties in their respective regulations, which have the force of law.

The penalties differ from those in France, which provide for a fine of up to 0.1% of the turnover excluding tax of the last financial year closed by the establishment guilty of destroying its unsold goods. The amount is determined according to the seriousness of the offence, in particular the number and volume of products concerned. This fine may be accompanied by an additional penalty of displaying or disseminating the decision, under the conditions provided for in Article 131-35 of the Criminal Code.

Prevention plans to be implemented

Spanish law also requires professionals to put prevention plans in place. These are operational documents detailing the measures implemented to identify, prevent and reduce food loss and waste. Each actor in the food chain (with the exception of micro-enterprises, small commercial establishments with a surface area of less than 1,300 m2 and small agricultural holdings) must explain how they will apply this order of priority and report on prevention actions such as the sale of so-called ‘ugly’ or ‘unattractive’ products or indicate any agreements or arrangements they have with associations to donate their unsold goods. These prevention plans also enable data on food loss and waste to be collected, which will be essential for monitoring and regulating this issue at national level.

This information will feed into the national plan to control food loss and waste, a mechanism set up by Spain to supervise and monitor the actions of professionals. This national plan aims to ensure that the legislative targets for reducing food loss and waste are met and may include controls, audits, and monitoring and penalty mechanisms in the event of non-compliance.

The Ministry of Agriculture, Fisheries and Food must draw up an annual report containing the results of the implementation of the national action plan in order to monitor progress and the measures put in place. Public administrations must investigate and collect data to determine the extent of food loss and waste (volumes, causes and responsibilities).

Encouraging donations

The law also aims to promote food donations by guaranteeing food safety and traceability. Although encouraged, particularly through tax deductions, donations remain optional: professionals can also sell their unsold food that is still edible by lowering prices, for example, or by processing it. However, it is prohibited to include a clause in a contract that would prevent the other party from donating the food.

Donations are also governed by a donation agreement specifying the terms and conditions of collection, transport and storage, as well as the obligations of the parties.

The beneficiary association has the right to refuse the donation, provided that it gives reasons for its refusal. It is also required to comply with several requirements, such as providing information on the food to the people receiving it, ensuring the traceability of donated products by means of a system for recording the entry and exit of food received and delivered, maintaining good hygiene practices in the storage and handling of food, and donating without discrimination.

Informing consumers

Finally, the law aims to raise awareness and inform consumers. To this end, it requires public authorities to promote information campaigns on reducing food waste. This issue will also be included in educational programmes from an early age.

The text also emphasises the importance of differentiating between the types of dates appearing on food products: products with a use-by date (DLC) pose a health risk if consumed after the expiry date. Conversely, products with a minimum durability date (MDD) can be consumed after this date. Their quality may be impaired, but they can still be consumed safely rather than being thrown away. This measure is already in place in France, where food products with an MDD can be accompanied by a statement informing consumers that the product remains edible after this date.

At restaurant level, doggy bags are also strongly encouraged. Like France, Spain now requires catering establishments to provide free reusable or easily recyclable containers to enable customers to take away leftovers.

Spain is the third country in the European Union, after France and Italy, to adopt specific legislation against food waste. This move is part of a broader effort to strengthen European policies on food sustainability.

The effectiveness of the Spanish law on the prevention of food loss and waste will depend on its practical implementation and the rigour of the controls exercised. The example of the French law, adopted nine years ago, provides a useful framework for assessing the effective levers and measurable results of such a policy.

Despite the initial ambition, a parliamentary report published three years after the Garot law came into force highlighted the lack of resources for carrying out checks. The destruction of unsold food, particularly through the practice of bleaching, is subject to very few effective checks and is rarely punished.

Spain, for its part, has incorporated into this law a national system for monitoring food loss and waste, based on a regular monitoring mechanism provided by the Ministry of Agriculture, Fisheries and Food and prevention plans provided by economic operators.

It remains to be seen whether these tools, designed to ensure rigorous and consistent application of the law, will be sufficiently resourced to produce concrete results. Ultimately, it is the law’s ability to bring about structural changes in economic and social practices that will determine its real impact.

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