Spain’s new Food Loss and Waste Prevention Law is now fully in force and already changing how bars, restaurants and supermarkets operate across the country. Although the law was approved in 2025, it only started to apply effectively from April 2026, and it comes with both new obligations and hefty fines for those who do not comply.
Spain Expat Press Editorial Team
One of the most visible changes for customers is simple but impactful: if a guest asks to take their leftovers home, the restaurant must provide a suitable container free of charge. What used to depend on each business has now become a legal obligation.
The wider goal behind the law is to tackle food waste in a more ambitious way. Spain aims to cut per‑capita food waste in retail and consumption by up to 50%, and to reduce food losses along production and supply chains by 20% by the year 2030.
Who is affected?
All actors in the food chain are required to have a plan that prioritises how food is used before it becomes waste. This “food use hierarchy” should include measures such as:
Donating unsold but still safe food to charities or food banks
Using certain products for animal feed
Sending organic waste to composting facilities
Re‑using or transforming food for other purposes instead of throwing it away
However, not every business is subject to the exact same obligations. The law grants exemptions for:
Micro‑enterprises with fewer than 10 employees
Agricultural holdings with fewer than 50 workers
Businesses operating in premises equal to or smaller than 1,300 square metres
Even so, all players in the food chain – including those exempt from some specific duties – must still apply general prevention and reduction measures to limit food waste.
Fines that can reach €500,000
The law also introduces a clear system of penalties. Businesses that fail to apply their food use hierarchy plan or do not inform customers about their right to take leftovers home can face fines of around €2,000 for minor infringements.
If a company does not have a proper prevention plan in place or fails to donate surplus food through agreements when it would be possible to do so, the infringement is considered serious. In these cases, penalties can rise to €60,000.For very serious cases – for example, repeated non‑compliance or an accumulation of serious infringements – fines can go up to €500,000. For many small and medium‑sized businesses, this level of sanction could be devastating.
Criticism from the hospitality sector
Not everyone in the industry is happy with the new rules. Some hospitality professionals argue that the law adds more costs and bureaucracy to a sector that already operates with tight margins.
