Food System

Spain’s pioneering law on food loss and waste prevention

April 18, 2025

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Following the European Union’s recent agreement on revised food loss and waste reduction targets, Spain has demonstrated its commitment to sustainability and resource efficiency by enacting Law 1/2025, a groundbreaking piece of national legislation that goes significantly further than EU requirements.

This article examines the specifics of this pioneering Spanish law, enacted on April 1st, 2025, and outlines encompassing the entire food supply chain, its innovative structured hierarchy for food use, and the clearly defined obligations it places on food operators (with notable exemptions for micro-enterprises).

By focusing on its emphasis on prevention, donation, monitoring, and a robust sanctions regime, this analysis will highlight how Spain is setting a new standard for proactive and comprehensive action against food loss and waste.

Spanish law on food loss and waste prevention

Spanish Law 1/2025 provides a comprehensive framework for food loss and waste prevention across the entire food supply chain. This legislation is part of Spain’s broader commitment to environmental sustainability, food security, and responsible consumption.

Objectives

The Spanish Law on the Prevention of Food Loss and Waste – Ley 1/2025, de 1 de abril, de prevención de las pérdidas y el desperdicio alimentario – is designed to:

establish clear definitions of food loss and waste (FLW) within the agri-food chain, ensuring coherence with the overarching objective of FLW reduction in the national legal framework;
contribute to the achievement of Sustainable Development Goal 12.3 of the United Nations 2030 Agenda by reducing FLW throughout the agri-food chain, specifically by halving per capita global food waste at the retail and consumer levels, and reducing food losses along production and supply chains by 20% by 2030, relative to 2020 levels;
facilitate the donation and redistribution of surplus food, including through the provision of public funding and resources to support actors involved in the transportation, processing, and storage of food intended for donation;
undertake systematic analysis of the causes and consequences of food loss and waste;
promote transparency and continuous improvement in FLW prevention through the rigorous and regularly updated quantitative and qualitative measurement of food waste generated across all segments of the food system, based on a standardised methodology;
define priority actions for the management of unavoidable food waste and enhance awareness, training, and education among all stakeholders in the food chain, as well as among consumers and the general public, with regard to prevention, responsible food handling, and food safety;
support the reduction of greenhouse gas emissions and environmental pollutants associated with FLW (Article 1).

Scope

The scope of Spain’s Food Loss and Waste (FLW) Prevention Law encompasses all activities carried out by operators across the entire food supply chain, ‘from farm to fork’. It includes:

cooperatives and other associative entities;
food processing, manufacturing, and distribution;
hotel, restaurant, and catering services (Ho.Re.Ca.);
non-profit organisations that provide food donation distribution services;
public administrations.

However, specific exceptions apply. For instance, the withdrawal of fruit and vegetables under European market regulation mechanisms falls outside the scope of the law (Article 2).

Definitions

In addition to the European definitions of food, food business operators, micro-enterprises, the Spanish law on FLW prevention clearly defines:

food waste as ‘all food, as defined in Article 2 of Regulation (EC) No 178/2002, that has become waste – that is, food discarded, or intended or required to be discarded by its holder – in accordance with Article 2(a) of Law 7/2022 of 8 April’;
food loss, as ‘agricultural and food products that, for any reason, remain on the farm – whether reincorporated into the soil or used for on-site composting – despite their intended final use being human consumption’;
‘other food service providers’, as ‘healthcare centres, educational institutions, penitentiary centres, immigration detention centres, social care residences, and, in general, all permanent establishments that offer catering or dining services’;
gleaning, as ‘the gathering of food left in the field after the main harvest, or of unharvested crops, with the authorisation of the farm owner(s), as a non-profit supplementary activity aimed at preventing food loss and waste’(Article 3).

Guiding principles

The guiding principles set out by Article 4 aim to prevent food loss and waste by promoting resource efficiency, prevention, donation, and public education. The article also reinforces the ‘polluter pays’ principle, ensuring both environmental responsibility and legal accountability (Article 4).

Hierarchy of food uses

Food chain operators must prioritize preventing food loss and waste through efficient production and management. If surplus food occur, Article 5 requires a structured hierarchy for handling it:

first and foremost, priority will be given to preventing food loss and waste, including the transformation of unsold but still edible agricultural products or food into alternative products for human consumption (i.e. upcycling);
if the food surplus cannot be prevented nor upcycled, it must be managed in the following order: first, through food donations (see the example of AlterBanc, in Catalonia); and second, by using it as animal feed;
as a last resort, food waste should be recycled into high-quality compost or digestate for soil improvement;
if not feasible, it should be used for energy recovery (e.g., biogas), following the guidelines in Article 8.1 of Law 7/2022.

Obligations

A major innovation in Spanish legislation is the introduction of specific obligations for agro-food supply chain operators, NGOs, and public administrations to help prevent food loss and waste (FLW).

Business operators’ duties

All operators in the food supply chain must:

develop and implement a food waste prevention plan, outlining procedures to minimize surplus and prevent unnecessary losses. These plans must be updated and adapted to each operator’s scale and operations. The plan may take the form of a joint integrated plan if the operators conduct activities across multiple autonomous communities;
promote agreements (whose minimum content is defined in the Article 7) for donating surplus food to social initiatives, non-profits, or food banks, unless donation is not feasible and justified.

These obligations do not apply to businesses engaged in processing, retail trade, food distribution, or hotel and catering services operating in establishments that are either:

equal to or smaller than 1,300 m² (for companies without retail outlets), or
have a usable display and retail area of 1,300 m² or less (for companies with retail outlets), unless
multiple establishments operate under the same tax identification number and their combined area exceeds 1,300 m².

Microenterprises (as defined in Commission Recommendation 2003/361/EC) are also exempted from the mentioned obligations.

These mandatory measures shall be implemented within one year of publication of the law in the Official State Gazette (Article 6).

Non-profit organizations’ responsibilities

Businesses, social entities, and non-profit organisations involved in food donations must ensure the traceability of donated food and adhere to appropriate good hygiene practices.

Food must be distributed without discrimination and exclusively to vulnerable individuals.

Donations should support social inclusion, and provide recipients with food information (i.e. use-by date, ingredients and allergens) in accordance with EU and national food laws (Article 9).

Public administrations’ role

Public administrations must promote collaboration, education, innovation, and legislative coherence to prevent and reduce food loss and waste. Their responsibilities include:

promoting collaboration across the food chain to tackle food loss and waste, with a focus on innovative solutions (such as those tested on Spanish consumers, within the Wasteless research project under Horizon Europe) and public-private or community partnerships;
supporting businesses and non-profit organizations;
raising consumer awareness;
collecting data;
developing best practices, especially in schools and food redistribution.

The Ministry of Agriculture, Fisheries, and Food will measure, analyse, and publish food waste data, promote collaboration across the food chain, and coordinate with other ministries and regions. Autonomous communities will plan actions to meet national goals, and the government may set yearly targets and incentives to reduce food waste (Article 11).

Consumers’ rights

Consumers have the corresponding rights to:

receive information from public authorities and food chain businesses about measures to reduce food waste in households and food services, as well as about programs established to prevent food loss and waste;
receive information from social initiatives, non-profit organisations, or food banks about the characteristics, conditions, and state of the donated food they receive;
take home uneaten food from hospitality businesses and other food service providers (Article 10).

Best practices

Best practices for food retailers

Public administrations and food retailers in Spain are encouraged to adopt the following best practices on a voluntary basis:

ensure proper infrastructures for optimal handling, storage, and transport to reduce food waste;
develop protocols to minimise losses during transport and storage;
promote sales of products nearing their best-before or expiry dates;
offer and promote ‘ugly’ or imperfect products, seasonal, local, organic, and sustainable foods, with clear information on food reuse;
display information on the safety and benefits of consuming imperfect products;
train staff and volunteers to actively reduce food waste;
share tips on meal planning, sustainable shopping, food reuse, date labelling, and recycling;
run awareness campaigns on the environmental and social impact of food waste;
encourage good commercial practices to prevent food losses;
support community and volunteer projects aimed at food waste prevention, especially those aiding vulnerable groups (Article 12).

Best practices for hospitality and food service providers

Public authorities, in collaboration with the hospitality sector and other food service providers, are encouraged to adopt the following voluntary measures:

promote sustainable procurement practices, such as fresh, seasonal, local or organic foods, where feasible and appropriate to the nature of the services provided;
encourage menu flexibility to allow consumers to choose side dishes and portion sizes;
facilitate food donation and other redistribution initiatives for human consumption;
support the delivery of food waste to composting facilities in accordance with waste regulations;
improve the quality of segregated organic waste to ensure its suitability for composting;
train and involve staff and volunteers in efforts to prevent and reduce food waste;
promote public awareness campaigns on the environmental, social and economic impacts of food waste, and the importance of responsible consumption (Article 13).

Optimization of best-before dates

‘The Government shall adopt public policies and measures to promote the adjustment of best-before dates to support the prevention and reduction of food loss and waste’. All public administrations shall:

provide training and awareness-raising initiatives for consumers, distributors, and producers on the correct interpretation of use-by and best-before dates;
encourage food chain operators to adjust best-before dates to the maximum period that still guarantees product quality and food safety (see also EFSA’s guidelines, 2020);
promote research and innovation on food viability to extend shelf life;
‘conduct industrial studies and research aimed at improving best-before date labelling in relation to food quality, optimising production volumes, and enhancing transformation, storage, and logistics processes to minimise food waste’ (Article 14).

Instruments for promoting and controlling FLW prevention and reduction

Various instruments are proposed for promoting and controlling the reduction and prevention of food waste and loss, outlined below with brief descriptions:

public administrations (PAs) will introduce incentives to encourage food chain operators to adopt the good practices detailed in Articles 12 and 13, aiming to reduce food waste (Article 15);
PAs will foster voluntary self-regulation among food chain operators by involving government bodies and civil society in developing robust, industry-led standards for reducing food loss and waste (Article 16);
the Government, in consultation with various ministries and regional bodies, shall develop a comprehensive Strategic Plan to prevent and reduce food loss and waste. It also requires autonomous communities and local entities to establish aligned and regularly reviewed plans using a participatory approach with key stakeholders (Article 17);
Ministry of Agriculture, Fisheries and Food establishes a National Plan for controlling food loss and waste, to be reviewed every four years. It mandates systematic, coordinated controls across the food chain nationwide to ensure consistency and effectiveness in monitoring and reducing waste (Article 18);
the aforementioned Ministry shall produce an annual report detailing the progress and outcomes of the National Plan for controlling food loss and waste. The report, compiled with information from competent authorities and submitted to the Parliament, will ensure transparency and accountability in the waste control process (Article 19).

Penalties for Food Loss and Waste infractions

Infractions

Infractions related to food loss and waste are categorized into three levels of severity: minor infractions, serious infractions; very serious infractions. These infractions are compatible with other civil, criminal, or administrative responsibilities that may exist, particularly regarding areas such as waste management, food quality, hygiene, public health, and food safety, provided the punitive basis differs (Article 20). Autonomous communities that regulate food loss and waste prevention at regional level shall consider the following infractions:

minor infractions. Failure to apply the waste management hierarchy or failure to justify why the hierarchy is not applied; failure to donate unsold food that remains fit for human consumption when required by Article 6, provided the company or entity has the necessary means and the reason for not doing so is not included in its prevention plan. This applies to food industries, retailers, hospitality and catering businesses; failure to comply with commitments in the sectoral guide on best practices for food waste prevention and food waste reduction that applies to the business; contractual clauses prohibiting food donations, explicitly preventing food from being donated; failure to distribute food to disadvantaged people by social initiatives or non-profit organizations dedicated to food donation, unless the food is unfit for human consumption for justified reasons not attributable to the organization; failure to collaborate with public administrations in quantifying food waste;
serious infractions. Lack of a business plan for food waste prevention and reduction when required by law; intentional destruction or alteration of food that is still fit for human consumption; discrimination in access to donated food by any reason, cause, circumstance, or condition; repeated minor infractions within two years of the first, following a firm administrative resolution;
very serious infractions. Repeated serious violations, meaning a second or subsequent serious infraction committed within two years of a previous one, following a firm administrative resolution (Article 20).

Sanctions

The penalties for infractions, as determined by the competent authority, are as follows:

minor infractions may be penalized with a warning or a fine of up to €2,000;
serious infractions may result in a fine ranging from €2,001 to €60,000;
very serious infractions may be penalized with a fine ranging from €60,001 to €500,000.

Autonomous Communities have the authority to increase these fine thresholds and introduce additional or supplementary penalties in their regional laws (Article 21).

Rectification

In the event that a minor infraction is identified during an inspection, the competent authority may grant the responsible party an adequate and reasonable period to remedy the non-compliance. Timely rectification within this period may prevent the imposition of a formal sanction (Article 22).

Statute of limitations

The statute of limitations refers to the time period during which legal action can be taken for an infraction. The law sets specific time limits for different types of infractions: minor infractions must be addressed within six months, serious infractions within one year, and very serious infractions within two years.

The time limit begins from the date the infraction occurs or, in cases where the infraction involves ongoing non-compliance, when the activity stops.

If legal action is delayed – such as when a sanction process begins and the person is notified – the limitation period is paused. If the process is delayed for more than a month due to reasons beyond the accused person’s control, the time limit resumes once the delay ends (Article 23).

Additional, transitional, repeal and final provisions

Spanish Law 1/2025 introduces new measures and declarations of public interest (additional provisions); transitional provisions which ensures alignment with EU law; repealing provisions which eliminate outdated rules; and final provisions which modify existing legislation. All these provisions promote food waste reduction, support agriculture, modernize the system and update with the national to fit current EU and sectoral requirements.

The entry into force of Law 1/2025 of 1 April shall be deemed to have been produced from 2 January 2025. However, some of its provisions, entered into force on 3 April 2025, the day following the publication in the Official Gazette of the State. The mandatory measures established for all agents of the food chain, as contained in Article 6, shall be applied within one year of publication in the Official Gazette of the State.

Interim conclusions: a step toward sustainable food systems

Spain’s Law 1/2025 represents a decisive and forward-thinking move towards a more sustainable food system, directly contributing to Sustainable Development Goal 12.3 by firmly establishing the nation as a leader in the fight against food loss and waste.firmly establishing the nation as a leader in the fight against food loss and waste.

By enacting this comprehensive legislation, which surpasses the EU’s objectives – still to be implemented – with its detailed obligations, hierarchical framework, and robust enforcement mechanisms, Spain is not merely aligning with international goals but actively shaping a circular, solidarity-based food economy.

While practical implementation remains key, this pioneering law signals a strong commitment to food security, circular economy and environmental responsibility, and a future where surplus food is valued and redistributed, ultimately benefiting both people and the planet. Spain’s bold step sets a compelling example for other nations striving to tackle this critical global challenge.

#Wasteless

Dario Dongo

References

Council of the European Union. (2025). Proposal for a Directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste – Final compromise text (Interinstitutional File 2023/0234(COD), Document 7258/25, 19 March 2025). https://tinyurl.com/345f288x
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. https://tinyurl.com/4xz79xxa
European Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC). https://tinyurl.com/373t4zt2
European Commission notice on the use of the indication of date of minimum durability (‘best before’ date) and the ‘use by’ date in food labelling (2018/C 196/01). https://tinyurl.com/2yprue8w
EFSA Panel on Biological Hazards. (2020). Guidance on date marking and related food information: Part 1 (date marking). EFSA Journal, 18(12), 6306. https://doi.org/10.2903/j.efsa.2020.6306
Gobierno de España. (2025). Ley 1/2025, de 1 de abril, de prevención de las pérdidas y el desperdicio alimentario. Boletín Oficial del Estado, 78, 33667–33691. https://www.boe.es/eli/es/l/2025/04/01/1
Jefatura del Estado. (2022, April 8). Ley 7/2022, de 8 de abril, de residuos y suelos contaminados para una economía circular. Boletín Oficial del Estado, 85, 42173–42270. https://www.boe.es/eli/es/l/2022/04/08/7
United Nations. (2015). Transforming our world: The 2030 Agenda for Sustainable Development. A/RES/70/1. https://sdgs.un.org/goals/goal12