SPAIN

Veggie foods

There are no specific legal regulations for vegan and vegetarian foods in Spain or the European Union either. However, some future changes might be expected: certainly Regulation EU 1169/2011 foresees in its article 36.2 a future implementation of a regulation applying to vegetarianand vegan products (as well as it did the Commission Decision 2018/1701 on the proposed citizens’ initiative entitled ‘Mandatory food labelling Non-Vegetarian/Vegetarian”). However, it must be pointed out that Spanish Food Code (in despite its oldness) is still in force. Therefore, expressions as “veggie hamburger” are not permitted since “hamburger” is reserved to meat products.

Fortification of foods

Fortified foods are ordinary foods to whom some other substances have been added.

Their legal framework in Spain sticks EU Regulations. Therefore, Regulation EC 1925/2006 of the European Union on the addition of vitamins and minerals and of certain other substances to foods and its implementing Regulations (Commission implementing Regulations nº 307/2012, 489/2012, 2015/403, 2019/649, 2019/650, 2021/468, 2022/860 and 2022/2340) are directly applicable in Spain.

Spain has not specific regulations or guidance besides these EU Regulations; therefore an authorization process is not required.

However, Spanish Food Safety Agency (AESAN) has pointed out on several occasions that any source of any mineral or vitamin not already included in EU Regulations might be considered as a novel food (i.e. see the link

https://www.aesan.gob.es/AECOSAN/docs/documentos/seguridad_alimentaria/interpretaciones/nutricionales/Fuentes_Vit_Min_NF.pdf)

Regarding significant amounts established in article 6.6 of Regulation EC 1925/2005, Spanish Food Safety Agency (AESAN) has made and exception for young children (1–3 years) formulae; these foodstuffs may apply the reference values of Annex VII of Regulation (UE) 2016/127 on infant formula and follow-up formula, instead of VRN of Annex XIII of Regulation 1169/2011 (link:

https://www.aesan.gob.es/AECOSAN/docs/documentos/seguridad_alimentaria/interpretaciones/nutricionales/VRN_Preparados_ninos_de_corta_edad.pdf)

Country of origin requirements (COOL)

Regarding COOL requirements, Spain applies the EU provisions, particularly EC regulation 853/2004 regarding specific hygiene rules for on the hygiene of foodstuffs, and Commission Implementing Regulation EU 2018/775 laying down rules for the application of Article 26(3) of Regulation EU 1169/2011.

Generally speaking Spain has not particular dispositions regarding this topic; however, some foodstuffs are submitted to some specific requirements (as it could be honey).

Cannabis as an ingredient in food or supplements

In general terms, Cannabis refers to the variety of Cannabis sativa L. cultivated for industrial purposes.

Its cultivation is legally permitted if it does not exceed the limit of 0,3% of tetrahydrocannabinol (THC), according to Regulation EU 2021/2115.

Recently the EU novel foods catalogue has been updated, and foodstuffs from hemp seeds, seeds oil, water infusion of hemp seeds etc. are not considered as novel food (as far as the limit of 0,3% is respected).

However, and regarding cannabinoids (CBD, CBDA, CBG etc…), regardless of whether their origin is natural or synthetic, as well as the extracts of the plant synthetic origin (as well as extracts of the Cannabis sativa L. plant), are considered as novel foods since it has not been possible to demonstrate a history of significant and safe consumption in the European Union prior to May 15, 2007.

Therefore, the company wishing to market extracts of the plant Cannabis sativa L. and cannabinoids in the food field, might submit, prior to their commercialization, a request to the EU Commission.

Spain has no regulations regarding Cannabis Sativa. However, the Spanish Food Safety Authority has published several communications, being the latest one the one of June 2023.

 

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.