Spain’s new food waste law: Key obligations for businesses under new Law 1/2025

Law 1/2025 introduces, for the first time in Spain, a comprehensive and binding regime to prevent food loss and waste across all stages of the food chain, from production to distribution and consumption.

Its scope applies to food business operators active in Spain, including manufacturers, distributors, retailers, and hospitality operators.

Key obligations for businesses:

The new Spanish law imposes several practical obligations:

1. Mandatory food waste prevention plans: Businesses must implement internal plans aimed at reducing waste. These must include measures such as improved purchase planning, stock management aligned with demand, and the transformation of unsold products into new food items.
2. Priority donation and redistribution: Surplus food that cannot be sold must be channelled, as a priority, towards donation agreements with food banks and non-profit organisations in Spain.
3. Restriction on contractual freedom: The law expressly prohibits contractual clauses that prevent or restrict the donation of surplus food, introducing a direct limitation on freedom of contract in the Spanish food sector.
4. Hierarchy of use of surplus food:A legally defined order of priority applies:
   • Human consumption (donation)
   • Transformation (e.g. juices, preserves)
   • Animal feed
   • Industrial uses (e.g. compost, biogas)
5. Traceability obligations: Entities receiving donations must ensure full traceability, including records of incoming and outgoing food products.
6. Specific obligations for retail and hospitality:
   • Restaurants and bars must allow consumers to take away leftovers at no additional cost.
   • Supermarkets must promote the sale of “imperfect” products and offer discounted prices for items nearing their expiry date.

Enforcement and sanctions:

Non-compliance with Law 1/2025 may lead to administrative sanctions under Spanish law, including financial penalties from EUR 2,000 and up to EUR 500,000. The enforcement framework reinforces the expectation that food waste is no longer merely a sustainability issue, but a regulatory compliance matter in Spain.

Authored by Adrián Fernández de Pedro.