The new Food Waste Law in Spain aims to halve food waste in the country by 2030, in line with the sustainability targets set by the European Union. This is an urgent challenge: according to official data, each Spanish citizen wastes an average of more than 30 kilos of food per year. However, although the intention of the law is positive, experts from the agri-food sector, lawyers and social organisations agree that the text has significant limitations that could compromise its effectiveness. These weaknesses range from a lack of clarity in its application to the absence of adequate funding, raising doubts as to whether it will really be able to transform the current situation.
1. Excessive exceptions
The regulation introduces numerous exceptions that significantly reduce its scope. For example, small businesses or hospitality businesses with low sales volumes are exempt from many obligations. This decision, designed to avoid overburdening the self-employed and micro-SMEs, leaves a significant part of the business fabric unregulated, which together represents a significant volume of waste. The risk is that the law will end up applying only to large companies, without addressing the root of the problem throughout the value chain.
Lack of regulatory clarity
The legal text presents ambiguities that hinder its practical application. The deadlines for the autonomous communities and companies to draw up prevention plans are not clearly defined, which generates legal uncertainty. In addition, there are concepts that are not very specific -such as “appropriate measures” or “significant volumes”- which leave room for multiple interpretations. This lack of precision can lead to unintentional non-compliance or excessive discretion in inspections.
3. Domestic waste almost ignored
One of the major gaps in the law is the lack of attention paid to waste generated in households, which accounts for a third of the total in Spain. Although awareness campaigns are included, no specific measures are proposed to encourage families to reduce the amount of food they throw away. Experts believe that tax incentives, discounts in supermarkets for products nearing their expiry date, or educational programmes in schools to raise awareness from an early age could have been implemented. Without these measures, the opportunity to address the main focus of the problem is lost.
4. Lack of clear funding
Another of the most criticized points is the lack of a defined financing plan. The text mentions the need to promote innovation projects and support companies in their adaptation, but does not specify where the resources will come from or what amounts will be allocated. Without sufficient funds, initiatives such as the redistribution of food to food banks or investment in advanced preservation technology are at risk of not being implemented effectively. In short, without money there are no real measures.
5. Limited control over large areas
Large distribution chains play a central role in generating food surpluses, but the law does not establish sufficiently strict control mechanisms. There are no specific obligations regarding what to do with products that are about to expire, nor are there clear donation protocols. Some associations complain that without effective controls, many of these stores will continue to throw away usable food instead of channelling it to social organisations or consumers. This represents a missed opportunity to reduce waste immediately.
6. Lack of support to the agricultural sector
The Spanish countryside is one of the links most affected by waste. Many farmers are forced to leave part of their crops unharvested or destroy them because they do not meet commercial standards of size or aesthetics. The law, however, barely contemplates support measures for this sector, which suffers economic losses and disincentives to produce. Some experts propose creating alternative sales channels or promoting agreements with the processing industry to take advantage of these products, but the current regulation does not offer clear solutions.
7. Focus on awareness rather than punishment
Although the law provides for penalties of up to €500,000, in practice the text focuses more on raising awareness than on imposing fines. The risk of this approach is that the measures will remain symbolic campaigns without structural changes. Some specialists argue that it would be more effective to combine penalties with positive incentives, such as tax deductions for companies that donate food or quality seals that recognise businesses committed to reducing waste. In this way, awareness would be reinforced by concrete and attractive measures.
Conclusion
The Food Waste Law represents a step forward in the fight against one of the major problems facing our society: food waste while millions of people suffer from food insecurity. However, its exceptions, lack of clarity and absence of clear funding threaten to reduce its real impact. To achieve the goal of halving waste by 2030, it will be essential to strengthen the law, include more specific measures and ensure that the entire chain, from farmers to consumers, is involved. Without a more comprehensive strategy, there is a risk that the law will remain a mere declaration of good intentions.
