To many people, the headline of this article may seem like déjà vu: “But wasn’t this measure already approved?” The answer is yes, but it is this April—one year after its entry into force with publication in the Official State Gazette (BOE)—that failure to implement the mandatory measures set forth in the Food Loss and Waste Prevention Act begins to have consequences for establishments.
Over the past twelve months, a grace period has been in effect, which expired on April 3, 2026, during which businesses were required to adapt to the new regulations. Among the measures to be implemented is the requirement to offer diners the option to take home, at no additional cost, any food they have not consumed —in addition to clearly informing the customer of this, preferably on the menu itself.
Other obligations under the law include implementing a priority hierarchy plan —namely: human consumption followed by donation, food utilization through processing, animal feed, and delivery to composting facilities—or promoting agreements to donate food to various social initiative organizations, non-profit groups, or food banks.
It doesn’t just affect restaurants: the regulations apply to all actors in the food chain, including supermarkets, which must promote the purchase of products nearing their expiration date.
Who is exempt from applying this law?
Buffet-style restaurants are exempt from this requirement by their very nature, as are micro-enterprises with fewer than 10 employees. It also does not apply to small agricultural operations with fewer than 50 employees or to activities carried out in establishments with a floor area of 1,300 m² or less.
Fines for those who fail to comply with the Food Waste Law
The fines for those who fail to comply with the law range from €2,000 (for violations such as failing to inform customers that they can take food home) to €500,000 in cases considered most serious (such as committing serious violations repeatedly within a specific period of time).
The importance of this measure against food waste
The need for this measure is set forth in the legal text approved last year, which states that “food loss and waste are a sign of inefficient food systems and a lack of social awareness.” Therefore, the regulation continues, “drastically reducing this volume of food loss and waste is a moral imperative for public authorities and supply chain operators .”
This law aims to reduce per capita food waste in retail and consumption by 50% by 2030 and achieve a 20% reduction in food losses in production and supply chains.