Global Food Waste Laws in 2026: What Foodservice Operators Must Do, Country by Country

Oct 21

4 min read

Chef preparing vegetables in a commercial kitchen

Food waste rules for restaurants, caterers and institutional kitchens are getting stricter worldwide. The EU now has binding reduction targets, Spain fines businesses that don't plan for waste, and England requires most workplaces to separate food waste. This guide covers what's mandatory, where, as of October 2026.

This is a summary for foodservice operators, not legal advice. Check the current rules in each place you operate. For the US, see our US Food Waste Laws by State guide.

At a glance

European Union: binding targets to cut food waste 30% per person in retail, restaurants, food service and households by 2030.
Spain: businesses need a food waste prevention plan, must offer surplus for donation, and restaurants must let guests take leftovers home free. These obligations apply from April 2026, with fines of up to €500,000.
France: every business that produces biowaste, including restaurants and caterers, must sort it at source since January 1, 2024.
England: workplaces with 10 or more employees must separate food waste since March 31, 2025. Smaller firms follow by March 31, 2027.
South Korea: food waste is banned from landfill and charged by weight, often through RFID bins.
China: restaurants can charge diners for excessive leftovers, and businesses that encourage over-ordering face fines.
United States: no national mandate, but several states require large food waste generators to divert food from landfill.

European Union: binding 2030 targets

The 2025 revision of the EU Waste Framework Directive (Directive (EU) 2025/1892) sets the first binding food waste targets. By 2030, member states must cut food waste 10% in processing and manufacturing and 30% per person across retail and consumption, which includes restaurants, food services and households. The baseline is the annual average for 2021 to 2023, according to the European Commission.

The directive entered into force on October 16, 2025, and member states must write it into national law by June 17, 2027, according to Garrigues. Expect national rules for foodservice to follow, including measurement and reporting.

What it means for kitchens: the targets are set at country level, but measuring food waste by stream and reporting reductions against a baseline is becoming standard practice.

Spain: prevention plans, donation and fines

Spain's Law 1/2025 on the Prevention of Food Loss and Waste was passed on April 1, 2025 and published in the official gazette (BOE) on April 2, 2025. Its obligations for food businesses apply from April 2026, one year after publication. According to Hogan Lovells, businesses must:

Adopt an internal food waste prevention plan, such as better purchase planning, stock matched to demand, and turning unsold products into new dishes.
Offer surplus food for donation to food banks and non-profits first. Contract clauses that block donation are banned.
In restaurants and bars, let customers take leftovers home at no extra cost.

Fines go up to €2,000 for minor infringements, €2,001 to €60,000 for serious ones, and up to €500,000 for very serious ones, such as having no prevention plan or blocking donations.

France: biowaste sorting for every business

France has required large biowaste producers to sort it at source since 2012. From January 1, 2024, the obligation covers all professionals with no minimum threshold, according to Service-Public.fr. Biowaste includes leftover meals and peelings from restaurants and caterers, so every French kitchen must separate it.

England: Simpler Recycling for workplaces

Under Simpler Recycling, workplaces in England with 10 or more employees must arrange separate collection of food waste, dry recyclables, paper and card, and residual waste from March 31, 2025. Micro-firms with fewer than 10 employees have until March 31, 2027, as Letsrecycle reports.

South Korea: pay by weight

South Korea banned food waste from landfill in 2005 and charges for disposal by volume. In cities like Seoul, residents scan an RFID card to open food waste bins that weigh the waste and bill by weight. The country now recycles about 95% of its food waste, according to the Korea Economic Institute of America.

China: the Anti-Food Waste Law

China's Anti-Food Waste Law, adopted in April 2021, lets restaurants charge diners an extra fee for excessive leftovers. Businesses that mislead customers into ordering more than they need, or that generate large amounts of food waste, face fines of 10,000 to 50,000 yuan, according to Green Queen.

United States: state by state

The US has no national food waste mandate. California's SB 1383, Massachusetts, Vermont, New York and other states require large generators to donate surplus food or divert it from landfill. See US Food Waste Laws by State and our California SB 1383 compliance guide.

What multi-country operators should do now

Measure by stream: separate overproduction, spoilage, trim and plate waste so you can report against a baseline.
Set a baseline now: the EU uses 2021 to 2023, so start tracking before national rules arrive.
Write a prevention plan: Spain already requires one, and it's the clearest way to show progress anywhere.
Track donations separately: Spain and several US states expect surplus to be offered for donation before disposal.
Prevent, don't just sort: sorting rules handle waste after it exists. Cooking closer to real demand cuts both cost and compliance work.

FAQ

Which countries have mandatory food waste laws for restaurants?

Spain, France and England have mandatory rules that apply to restaurants. Spain requires prevention plans, donation and free leftovers. France requires biowaste sorting. England requires food waste separation for workplaces with 10 or more employees.

Are EU food waste targets binding on individual restaurants?

No. The targets bind member states. Each country decides how to meet them, which may include rules for foodservice businesses after the June 2027 deadline.

How can kitchens measure food waste for compliance?

Track waste by type and menu item at prep, service and the plate, then compare against a baseline period. See How to Conduct a Food Waste Audit.

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