Food Loss and Waste Prevention and Prevention Bill

The Council of Ministers has approved the draft Law on the Prevention of Food Losses and Food Waste, the first regulation on this matter to be enacted in Spain.

The purpose of this law is to prevent and reduce food losses and wastage by all actors in the food chain; to establish a hierarchy of priorities; to facilitate food donation and contribute to meeting the food needs of the most vulnerable population; with the overall aim of achieving more sustainable production and consumption; and to raise awareness, train and mobilize all actors in the chain in proper food management, without prejudice to the necessary guarantees of food safety.

The Bill consists of 19 articles, structured in six chapters:

Chapter I. General Provisions (Articles 1 to 5):

It first incorporates the object of the law. In addition to establishing the definitions of the concepts applicable to the law, it regulates the guiding principles, such as efficiency in the use of resources or the promotion of food donation, with special emphasis on collaboration between public administrations. Excluded from the scope of application of this law are the activities of withdrawal of products due to crisis management measures in the Operational Programs for Fruits and Vegetables, banana withdrawals under the Community Program to Support Agricultural Productions in the Canary Islands (POSEI), and other measures under the Community Program to Support Agricultural Productions in the Canary Islands (POSEI), or other measures under some crisis prevention and management or market regulation mechanism provided for in Community legislation, since the producer organizations have, among the crisis management measures, mechanisms for withdrawing the product from the market that practically coincide with the objectives set out in this law.

Chapter II. Obligations of the agents of the food chain (Articles 6 to 10):

It regulates the obligations of the agents of the food chain, establishing a list of issues that all the agents must bear in mind, so that it operates as a common substrate for their activities. This list is completed in specific aspects with obligations aimed at specific activities in order to improve the working of the system ratione materiae.

Thus, for example, it can be highlighted as a horizontal obligation for all agents to apply to food losses and food waste the hierarchy of priorities of this law in any of the links of the food chain in which they are generated under their control and adopt appropriate measures for their implementation in their specific regulatory framework, have adequate handling facilities or train and raise awareness of workers and volunteers.

Along with these provisions, the regulation includes specific mandates for public administrations as guarantors of the general interest, such as carrying out informative and promotional campaigns to encourage responsible food consumption and promote the prevention and reduction of losses.

Chapter III. Measures of good practices of the agents of the food chain (Articles 11 and 12):

It regulates the recommendations of the public administrations together with the companies that sell to the final consumer and the hotel and catering companies, establishing a list of issues that all the agents must bear in mind, so that it operates as a common substrate for their activities. Thus, for example, we can highlight as measures to encourage donations for social purposes and to train and raise awareness of food waste among consumers.

On the one hand, with respect to the measures of good practices to be carried out by public administrations together with the companies that sell food to the final consumer, the following measures may be applied:

• To have adequate infrastructures so that the handling, storage and transport processes are carried out under optimal conditions, minimizing food losses and waste.
• Work on the development of specific protocols to minimize losses and food waste along the transport and storage chain.
• Incentivize the sale of products with the best-before or best-before date, in accordance with the hierarchy of priorities.
• In the case of retail establishments, have sales lines with "ugly", "imperfect" or "unaesthetic" products, promote the consumption of seasonal, proximity, organic and environmentally sustainable products and incorporate and improve information on the use of food.
• To train and sensitize people, whether they are subject to an employment or volunteer relationship, to act actively in the prevention and reduction of food losses and food waste and to involve them in this action.
• Display in a visible place for consumers proposals for dissemination by the competent administrations regarding better menu planning, shopping, sustainable purchasing (such as fresh, seasonal, local or organic food), reuse cooking, good storage practices, correct interpretation of best-before and best-before dates, and recycling and packaging materials to raise consumer awareness of these issues.

On the other hand, public administrations together with the hospitality sector and other food service providers may apply the following measures:

• Encourage the incorporation of sustainable purchasing criteria (such as fresh, seasonal, local or organic food) to reduce the environmental footprint and promote the economy of proximity, without prejudice to the special regime of those companies in the catering and hospitality sector and other food service providers that due to their special characteristics or theme must purchase products other than those of proximity to ensure that they conform to the services offered to and the expectation of the consumer by being linked to the image of the same.
• Promote the flexibility of menus, so that consumers can choose side dishes or different portion sizes.
• Encourage the donation of food for social purposes.
• Encourage the delivery of food waste to composting facilities in accordance with waste regulations.

Chapter IV. Rationalization of best-before dates (Article 13)

It focuses on the rationalization of best-before dates to contribute to the prevention and reduction of food losses and food waste. Thus, it contains a mandate to promote the adaptation of best-before dates to the prevention and reduction of food losses and food waste, within the framework of European regulations.

All administrations will carry out the following actions:

• They will carry out training and informative actions on the correct interpretation of best-before and use-by dates, preferably for consumers, as well as for distributors and producers.
• They will encourage the agents of the food chain to adjust the best-before dates of their products, up to the maximum that guarantees the adequate quality of the product.
• They will promote research and innovation on the viability of foods to extend shelf life.
• They will carry out industrial studies and research aimed at improving the marking of best-before dates in relation to food quality, as well as optimizing production volume and improving transformation, storage and logistics processes to avoid food waste as much as possible.

Chapter V. Instruments for the promotion and control of the reduction and prevention of food losses and food waste (Articles 14 to 17):

It provides the instruments for the promotion and control of the reduction and prevention of food losses and food waste, including measures to promote self-regulation and disciplines the system for the implementation and control of this public policy, including a Strategic Plan for the prevention and reduction of food losses and food waste, which will contain the general strategy of food waste policy, the guidelines and the structure to which the regional programs must conform, as well as the minimum objectives to be met for prevention and elimination, the National Plan for the control of losses and food waste, to be reviewed at least every four years, which will contain the general objectives and priorities of the control tasks to be performed by the competent authorities in this area, and the annual report which will contain the result of the implementation of the National Plan for the control of losses and food waste.

Likewise, the aim is to ensure a coordinated work between all administrative levels that allows for control, real and shared support and an exhaustive knowledge and design of a multilevel governance. Thus, within the framework of the Strategic Plan, the regional and, where appropriate, local programs will be approved and the executive tasks in terms of control, which will have to be carried out systematically and sufficiently frequently, will be framed within the National Plan for the control of food losses and food waste.

Finally, on the basis of information from the Autonomous Communities, the Ministry of Agriculture, Fisheries and Food will prepare an annual report on the results of the implementation of the National Plan for the Control of Food Losses and Food Waste, developed by the competent public administrations.

This coordination is materialized through the integration of policies and measures for the achievement of a goal as transversal to all of them as the reduction of food waste, in response to the consideration of the European Parliament Resolution of January 19, 2012 that called for the design of an appropriate multilevel governance for an area where there is an intense intertwining of competences, which has to converge in an implementation of the food waste policy based on shared leadership and cooperative efforts.

Chapter VI. Penalties (Articles 18 and 19):

Finally, it includes the system of penalties, typifying the infringements and setting out the basic penalties in this area, so as to ensure a wide margin for the autonomous regions to decide what their system of infringements and penalties should be, within a basic framework that ensures a reasonable minimum common regulatory minimum.

The infractions in the matter of losses and food waste will be classified in very serious, serious and slight. These offenses will be compatible with any civil, criminal or other responsibilities and in particular with the application of the sanctioning regimes on waste and contaminated soils, food quality, consumption, trade, hygiene, public health and food safety, when their punitive basis is different.

The autonomous communities shall typify in their respective regulations the infringements applicable in their territory, which shall be at least the following:

The following cases shall be minor infractions :

• Failure to apply the hierarchy of priorities to food losses and food waste or failure to properly justify why it is not being applied.
• In the case of food industries, retail food distribution companies and hotel and catering companies, not to carry out the donation of unsold food that is still fit for human consumption by agreement or agreement, provided that they have sufficient means to do so and there is no justification for their physical or material impossibility.
• To expressly prevent by contractual stipulation the donation of food.
• In the case of companies and social initiative entities and other non-profit organizations engaged in the distribution of food for donation, do not deliver surplus food to disadvantaged people.
• Failure to collaborate with public administrations for the quantification of food waste.

Regarding serious violations:

• Not having a food loss and waste prevention plan in place if required to do so.
• Discriminate in access to food distribution on the basis of disability, age, sex, health, sexual orientation, gender identity, gender expression, sexual characteristics, nationality, foreign administrative status, racial or ethnic origin, religion or beliefs, territory or any other personal or social condition or circumstance.
• The second or subsequent minor infraction that involves reiteration with any other minor infraction committed within a period of two years, counted from the sanction by final administrative resolution of the first of them.
• The second or subsequent serious infringement that involves repetition of any other serious infringement committed within a period of two years, counted from the sanction by final administrative resolution of the first of them, except for that provided for in paragraph b) 3º, shall be considered a very serious infringement .

Likewise, with respect to the amount of the penalties:

• Minor infringements shall be sanctioned with a warning or a fine of up to 2,000 euros.
• Serious infringements will be sanctioned with a fine of between 001 and 60,000 euros.
• Very serious infringements will be sanctioned with a fine of between 001 and 500,000 euros.

However, the autonomous communities may increase these thresholds and include other additional or accessory penalties in their respective regulations.

To conclude, the law is completed with a final part consisting of an additional provision and three final provisions, which include the title of competence, the regulatory authorizations, and the coordinated methodology for quantifying food waste, loss and residue.

With respect to the entry into force, it is stated that it will take place on January 2, 2023 after its approval.