No more leaving half a portion of food on your plate and being embarrassed to order it to go, or finding yourself with the unpleasant surprise that the establishment charges you an extra charge for a simple aluminum or cardboard container. With the entry into force of the new Law 1/2025, of April 1 (which can be consulted in this BOE), on the prevention of food losses and waste, the use of food finally becomes a guaranteed right for the customer and a strict legal obligation for businesses.
What the law says: free leftovers and proper packaging
The new regulations have made it very clear that taking leftovers will no longer depend on the goodwill of the establishment or its internal policies. This is expressly stated in article 8 of the Law, which establishes that “hospitality companies and other food service providers will have the obligation to provide the consumer with the food they have not consumed, without any additional cost other than, where appropriate, from that mentioned in the following paragraph.”
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For the customer to be fully aware of their rights, the rule itself requires that establishments inform of this possibility “in a clear and visible manner in the establishment itself, preferably on the menu.” Furthermore, in order to transport food safely and guaranteeing sustainability, hoteliers must always use “packaging suitable for food use, reusable, or easily recyclable.”
The only exception will be the all-you-can-eat buffets.
Does this mean that I can ask for food to be packed from anywhere and under any circumstances? The law, seeking common sense and avoiding the mischief of overfilling plates to take food home, contemplates a very specific exception. The same article 8 details that this rule will be applied generally “except in open buffet or similar service formats, where the availability of food is not limited.” In these specific cases, the establishment has no legal obligation to provide you with containers for what you have accumulated on your table and have not been able to finish.
This measure not only seeks to protect the consumer and their pocketbook, but is part of an ambitious State plan to tackle a global problem. And waste in the restaurant sector is significant, which is why the law aims to encourage more efficient management of resources and promote the circular economy, responding to the demanding objectives of the 2030 Agenda for the reduction of food waste.