Doggy bags for Mallorca bars and restaurants

The new law promotes the donation of surplus food in the distribution sector, obliges establishments over 1,300 square metres to have a plan for the prevention of food loss and waste and to promote agreements or arrangements to donate their surplus food to social initiative entities and other non-profit organisations or food banks. In addition, it provides for sanctions for non-compliance, with micro-enterprises being excluded from fulfilling these obligations.

It establishes a list of priorities for the destination of food that inevitably becomes food waste. Priority will be given to the prevention of food losses and waste, incorporating the transformation of agricultural products or food that has not been sold but is still fit for human consumption into other alternative products.

For surpluses that could not be prevented, food will first be donated and other types of redistribution for human consumption will be carried out; the food will be used for animal feed and the manufacture of animal feed; it will be used as by-products in other industries; and, as a last resort, as waste, it will be recycled and, in particular, used to obtain top-quality compost and digestate for use in soils, and, when this is not possible, for energy recovery through the production of biogas or fuels.

Micro-enterprises (fewer than 10 workers) and small farms (fewer than 50 workers) are excluded from the obligation to apply the law, draw up a prevention plan and sign donation agreements. As for bars and restaurants, they will be obliged to allow consumers to take away any uneaten food at no extra cost, except in the case of all-you-can-eat buffets or similar, where the availability of food is not limited, and to display this option clearly and visibly in the establishment itself, preferably on the menu. To this end, packaging suitable for food use, reusable or easily recyclable, shall be used.

The law also includes specific measures for companies and social initiative entities and other non-profit organisations dedicated to the distribution of food for the donation of food suitable for human consumption. These include the obligation to guarantee the traceability of donated products by means of a system for recording the entry and exit of food received and delivered; to maintain correct hygiene practices in the conservation and handling of food under their control, assuming management from the moment the product is delivered by the donor; making the donation without discrimination on any grounds; and allocating the donated products received to people in vulnerable situations.

The law also establishes a series of good practice measures, both for the administration and the different links in the chain, to avoid waste. For example, it provides for commercial establishments to have sales lines for products considered ‘ugly, imperfect or unaesthetic’, or to promote the consumption of seasonal, local or organic products. In addition, the law encourages the sale of products with a best before date or an approaching expiry date, in accordance with the hierarchy of usage priorities.

According to the minister, around 20% of food in Spain is wasted annually and of that 40% occurs at retail or household level, which is why raising social awareness of the problem is one of the pillars of the new law. In 2020, Spanish households threw away 1.4 billion kilos of food (an average of 31 kilos per inhabitant) amounting to 250 Euros per person per year.

The European Union has recently pledged to halve food waste by consumers and industry in the bloc by 2030, in line with UN targets. According to the United Nations some 900 million tonnes of food is thrown away each year. Establishments could face fines of up to €2,000 for non-compliance. Supermarkets could also face fines of up to €60,000 if they fail to reduce the amount of food they throw away.