The Department of Health has lifted the ban on the conservation of sober menus in the hospitality industry

The Basque Government’s Department of Health has repealed the ban on storing surplus or reheated menus. The Order of September 14, 2026, signed by Health Minister Alberto Martínez Ruiz, repeals subsection 2.5 of Annex IV of the Order of March 15, 2002, and was published in BOPV number 187 on September 30, 2026, with official reference 2026/4045. The regulation will enter into force the day after its publication, that is, on October 1, 2026.

The repealed provisions, in subsection 2.5 titled “Express Prohibitions,” established a general and express ban on the preservation of certain specific menus. The Order of March 15, 2002, regulated the sanitary conditions and classification of collective dining rooms and non-industrial production establishments of ready-to-eat meals for the final consumer, and from there the repealed ban derived its original scope.

Evolution of the regulatory framework

According to the explanation of the Order’s motives, the regulations in the field of food hygiene and safety have changed significantly since 2002. Regulation (EC) No 852/2004, regarding food hygiene, established a model based on the food business operator’s responsibility, risk analysis, and preventive procedures, based on the principles of hazard analysis and critical control points (HACCP).

In this context, the repealed subsection 2.5 responded to a regulatory logic prior to the current framework, and its removal seeks to maintain the coherence of the legal system and avoid interpretation dysfunctions.

Law against food waste

Law 1/2025 of April 1, 2025, for the prevention of food waste and loss, promotes public policies to reduce food waste, encouraging utilization according to the hierarchy of use. This law, however, requires that food safety conditions be met.

According to the Department of Health, the old ban is no longer consistent with the current framework, and its repeal is aligned with the policy against waste, without affecting sanitary safety conditions.

Who it affects

The change directly affects the following:

• Collective dining rooms, that is, community dining rooms and similar structures.
• Non-industrial establishments that produce ready-to-eat meals for the final consumer.
• Operators in the hospitality and food sector, in general, as they must still comply with hygiene regulations.

Purging nature

The Order explicitly states that it has a “strictly purging nature.” That is, the mentioned provision is limited to being repealed, without introducing new rules and without changing the general regime applicable in the field of food safety. Therefore, it neither removes hygiene obligations nor relaxes sanitary controls.

Legal basis and entry into force

The Councilor is granted authority by Article 26.4 of Law 7/1981 of June 30 and Decree 319/2024 of October 29, which establishes the organic and functional structure of the Department of Health. The process has been carried out in accordance with Law 6/2022 of June 30, regarding the procedure for establishing general provisions.

The sole final provision of the Order establishes that it shall enter into force on the day following its publication in the BOPV, that is, October 1, 2026.

Impact

The repeal of the provision that prohibited the conservation of surplus menus allows the hospitality industry and community kitchens to make use of surpluses, provided that food safety conditions are met. The measure is aligned with the policy to reduce food waste and leaves a more coherent regulatory framework for the sector, while hygiene obligations remain in force.

Fuente: Boletín Oficial del País Vasco, n.º 187, 30 de septiembre de 2026, Disposiciones Generales, pp. 1-2 (official reference: 2026/4045).