Food Waste Law: What Truly Obligates the Hospitality Industry and Where the Opportunity Lies

As of April 2, 2026, preventing food waste has transitioned from a noble intention to an enforceable obligation. On this date, the core of Law 1/2025, on the prevention of food losses and waste – Spain’s first national regulation on the matter – came into effect, mandating prevention plans and donation agreements. For bars, restaurants, distributors, and producers, managing waste and surplus is now a critical aspect of compliance, economic efficiency, and reputation.

At Piadora, we view this transition as a clear opportunity for companies that understand that loss prevention is not an implementation cost, but a strategic redesign of processes. The law sets a minimum standard; what each company builds upon that foundation is what truly makes a difference.

The Regulatory Framework: What the Law Requires and Whom It Affects

It’s important to clarify this, as much imprecise information is circulating.

General Obligations (Art. 6): Apply the priority hierarchy, establish a prevention plan, and promote donation agreements with social entities or food banks. Furthermore, any contractual clause that prohibits donations is null and void.

Relevant HORECA Exemptions: Establishments up to 1,300 m² and micro-enterprises (fewer than ten people and up to two million euros in revenue or balance sheet) are exempt from the prevention plan and donation agreement. However, there’s a decisive nuance: if multiple premises operate under the same NIF (tax identification number) and collectively exceed 1,300 m², the obligation is activated. This is typically the case for groups and chains.

The Obligation Affecting All Hospitality Establishments (Art. 8): Customers have the right to take home their uneaten food at no additional cost, except in the case of buffets. Establishments must clearly inform customers of this right, preferably on the menu. Offering different portion sizes, on the other hand, is a recommended best practice, not a legal obligation.

The sanctioning regime is tiered: minor infringements range from a warning to €2,000; serious infringements, such as failing to have a prevention plan or destroying edible food, range from €2,001 to €60,000; and repeat serious offenses within two years can incur fines of up to €500,000.

The Hierarchy of Utilization: Keeping Food in Use

The law establishes a strict order that all plans must reflect:

• Prevent, including the transformation of unsold but edible food into other products for human consumption.
• Donate or redistribute for human consumption, with an agreement outlining collection, transport, storage conditions, and the commitments of each party.
• Animal feed and, failing that, by-products for other industries.
• Recycling into compost and, ultimately, energy recovery.

Skipping a step is permissible but requires justification based on technical, food safety, or economic viability reasons. Therefore, a prevention plan cannot be a generic document; it must reflect the reality of each operation.

The 2030 Horizon: Binding European Objectives

Spain already had its own objectives within the Spain Circular 2030 strategy and in the law itself: to reduce food waste per capita by 50% in retail and consumption, and by 20% in production and supply, compared to 2020 levels.

The new development comes from Europe. Directive (EU) 2025/1892 establishes, for the first time, legally binding targets by December 31, 2030: a 30% reduction in per capita waste in retail, catering, and households, and a 10% reduction in processing and manufacturing, based on the 2021-2023 average. Spain has until June 2027 to transpose this directive. The consequence is predictable: increased measurement and greater demands. Companies that are already measuring will be better prepared.

Opportunities for Operational Innovation for HORECA Businesses

A key statistic helps highlight where improvements can be made. According to the Ministry of Agriculture, food waste outside the home has decreased by 20.4% since 2020. However, this measurement captures what consumers leave on their plates, not what is lost in the kitchen: overproduction, preparation waste, and produce expiring in storage. This back-of-house waste is precisely what the prevention plan mandates managing, and where the return on investment lies. A study by WRAP and the World Resources Institute for Champions 12.3, involving 114 restaurants across 12 countries, found an average saving of $7 for every $1 invested in reducing kitchen food waste.

Based on our approach, the four clearest levers for action are:

Structured Waste Audits: Measuring at critical points (reception and storage, preparation, overproduction, plate) is the first step. Without proprietary data, no effective plan or optimization is possible.

Process and Menu Redesign: The menu directly influences surplus. Portion sizes, selectable side dishes, and the integral use of products reduce waste without compromising the customer experience.

Leftover Packaging as a Brand Gesture: This is an obligation for all, but few communicate it effectively. Thoughtful packaging and an honest message on the menu transform a mere formality into visible brand coherence.

Transformation and Donation Protocols: Agreements with social entities, traceability, and the creation of secondary products with intrinsic value, always with food safety guarantees.

Aspect	Preventive Approach	Reactive Approach
Prevention Plan	Based on own measurements and reviewed	Generic or non-existent
Regulatory Risk	Demonstrable compliance and prepared for 2030	Fines from €2,001 to €60,000, up to €500,000 for repeat offenses
Customer Leftovers	Integrated into menu and brand	Improvised and unannounced
Economic Potential	Lower purchases and reduced waste costs	Margin that ends up in the bin

Conclusion: From Regulatory Obligation to Strategic Advantage

Law 1/2025 recognizes something the sector has known for a long time: the food system has been inefficient, and the companies within it have the capacity to transform it. The European targets for 2030 will raise the bar further.

Structured prevention is not a sustainability cost; it is operational efficiency, risk reduction, and value generation. As specialists in operational innovation with impact, our role is to guide companies on this journey: from diagnosis to plan, and from plan to solutions that comply with the law and generate real economic and social returns.

Sources and References

• BOE (2025): Law 1/2025, of April 1, on the prevention of food losses and waste. BOE No. 80, of April 2, 2025.

• Ministry of Agriculture, Fisheries and Food (2026): Annual Report on Food Waste 2025.

• Official Journal of the European Union (2025): Directive (EU) 2025/1892 amending Directive 2008/98/EC on waste.

• MITECO (2020): Spain Circular 2030: Circular Economy Strategy.

• WRAP and World Resources Institute for Champions 12.3 (2019): The Business Case for Reducing Food Loss and Waste: Restaurants.

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