Bill against Food Waste.

On June 7, the Council of Ministers approved the bill on food waste and loss prevention. The legislation, which will now be sent to Congress to begin its passage through Parliament, seeks to curb the millions of kilos of food and drink that households throw away every year.

Entry into force

This initiative is expected to enter into force as of January 1, 2023. To implement it, all businesses will have to include in their Prevention Plan a series of measures to prevent food waste. Businesses with a floor area of less than 1,300 square meters will not be required to have a Prevention Plan.

Restaurants and supermarkets must specify what use they will make of the food, with priority always given to human consumption and donation to food banks. The Law against food waste would make it possible to provide surplus food to consumers free of charge.

Agreements

Businesses will have to enter into agreements with the receiving organizations, specifying the conditions under which the food will be collected, stored, and transported. In addition, they must report annually on the food waste generated that year.

How does it affect restaurants?

Restaurants will be required to inform their customers whenever they may take their leftovers with them, in order to avoid wasting food. They must also have recyclable or reusable containers available to facilitate this.

In addition, under the Law against food waste, where it is not possible for consumers to take the food with them, it must be transformed (provided that it is in good condition) into products fit for consumption, such as juices.

Obligations of Supermarkets

Supermarkets will be required to lower the prices of products that are close to their expiration date in order to encourage their purchase and prompt consumption. They will also have to promote the consumption of seasonal products.

Products unfit for consumption

Where products are not fit for human consumption, they must be transformed into preserves or processed products such as jams. If this is not possible, they would be used for animal consumption or the manufacture of animal feed. As a last resort, they could be used to produce compost.

Fines of up to €500,000 for non-compliance

The food waste bill provides for penalties for breaches of its provisions, such as failing to donate available food that is fit for human consumption, or receiving companies engaging in any form of discrimination in its distribution:

• Minor infringement (fine of up to €2,000). This includes failing to apply the hierarchy in the use of food, or retail distribution companies or restaurants failing to donate unsold products that are fit for human consumption. It also includes NGOs or social organizations failing to deliver surpluses to disadvantaged people, or applying discriminatory criteria when distributing food (on grounds of age, sex, health, nationality…).

• Serious infringement (fine of €2,001 to €60,000). It is considered a serious infringement for companies in the food chain not to have a prevention plan.

• Very serious infringement (fine of €60,001 to €500,000). If an entity commits two serious infringements within a two-year period, the second or any subsequent one will be treated as very serious, and the fine may reach half a million euros.

Further details will only be known once the Law is published.