Spain. The Food, Beverage and Cosmetics Law Review

Manuel Álvarez, Cristina Ayo, Jaime Calvo, Francisco Javier García, Patricia Ibárcena Callís, Violeta Marinas Serra, Yanira Miguel Tovar, Montiano Monteagudo, Cristina Moreno Martínez, Juan Reyes, Marta Rios, Patricia Vidal, Eduard Vila i Campos.

Spain’s gastronomy is internationally renowned because of the variety and quality of its products, among other factors. The country allocates significant resources to boosting the food and beverage industry, including its protection through intellectual property rights.

Spain’s agri-food legal framework is primarily based on European Union (EU) law. In particular, Regulation 178/2002 established the general principles and requirements of food law. Regulation 178/2002 was developed by other several EU regulations, referred to as the ‘Hygiene Package’.3 At the internal level, Spain has approved a number of regulations contributing to the correct application of EU legislation, including Royal Decree 1086/2020.

Other laws have been enacted to regulate specific food products and beverages, including Royal Decree 4/2014, which establishes the quality standards for ham to be marketed as ‘Iberian’, and Royal Decree 650/2011, applicable to the sale and marketing of soft drinks. Worth highlighting is Law 16/2021 of 14 December on measures to improve how the food supply chain functions, which amends Law 12/2013 on this same subject matter and implements Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.