It's now mandatory to let customers take leftovers home (and say so on the menu)
The Law on the prevention of food loss and waste requires bars and restaurants to offer a "to go" option for leftovers and to advertise it on the menu
You have tables and a kitchen. Then this applies to you: when a customer doesn't finish their plate, you're required to let them take it home, and you can't charge for the service; at most, a single-use plastic container.
This is set out in Law 1/2025, of 1 April, on the prevention of food loss and waste, published in the BOE on 2 April 2025.
What it says exactly
Article 8 requires hospitality and other food providers to make it possible for the consumer to take home what they haven't eaten, at no cost other than the container. And it's not enough to say yes when asked: you also have to inform customers of this clearly and visibly, preferably on the menu.
There's one exception: all-you-can-eat buffet formats or similar, where food is not limited, fall outside. For everything else, it applies.
The detail about containers
The food is handed over in containers suitable for food use, reusable or easily recyclable. The take-home service can't carry a cost. On the container, be careful: the only charge the law expressly allows is for single-use plastic (Title V of Law 7/2022). For a reusable or recyclable container it isn't clear, and part of the sector reads it as free; if you plan to pass on its cost, check with your accountant first.
| Item | What you can do |
|---|---|
| The service of taking leftovers home | Cannot carry an additional cost |
| The container (reusable or recyclable) | The law isn't clear; some read it as free. Check first |
| Single-use plastic container | Charging for it is mandatory (Law 7/2022) |
The part that only affects large premises
The law also sets two obligations for surpluses (Article 6.4): having a prevention plan and promoting agreements to donate surpluses to social entities or food banks, unless it's unfeasible and justified.
Micro-enterprises fall outside the obligations of Article 6: the law defines one, as a general rule, as having fewer than ten people and up to two million euros in turnover or balance sheet. And no clause in a contract can prohibit donating food; if there is one, it is null and void.
When it applies
The law is in force, and the "to go" rule already applies to any bar or restaurant. The Article 6 obligations have their own deadline: they apply one year after publication in the BOE (2 April 2025).
If it's not complied with
The law classifies infringements as minor, serious and very serious:
| Infringement | Penalty |
|---|---|
| Minor | Warning or fine of up to 2.000 € |
| Serious | Fine of 2.001 to 60.000 € |
| Very serious | Fine of 60.001 to 500.000 € |
Which conduct falls into each level may depend on each autonomous community; the sensible thing is to ask your accountant.
Source: Law 1/2025, of 1 April, on the prevention of food loss and waste (BOE no. 80, of 2 April 2025).
Informational content, not legal advice.
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Frequently asked questions
Do I have to provide the container for free so they can take the food home?
No. The law says the service of taking leftovers home cannot carry an additional cost. On the container, the only charge the law expressly allows is for single-use plastic (mandatory, under Law 7/2022). For a reusable or recyclable container it isn't clear, and some read it as free, so if you plan to charge for it, check with your accountant first.
Does this also apply if I have an all-you-can-eat buffet?
No. The law expressly excludes all-you-can-eat buffet formats or similar, where the availability of food is not limited. The obligation to offer the 'to go' option for leftovers applies to the rest of the services.
Where do I have to advertise that customers can take the food home?
Clearly and visibly on the premises, preferably on the menu, as the law indicates.
I have a small bar, am I required to have a prevention plan and to donate surpluses?
Those Article 6 obligations do not apply to hospitality on premises of 1.300 m² or less. Only if you have several premises under the same tax ID (CIF) that together exceed that area. In addition, micro-enterprises (fewer than ten people and up to two million euros in turnover or annual balance sheet) are excluded from Article 6.
What fine could I face if I don't comply?
The law classifies infringements as minor (warning or up to 2.000 €), serious (2.001 to 60.000 €) and very serious (60.001 to 500.000 €). How they apply in practice may depend on how each autonomous community develops it; it's worth checking with your accountant.