BOLETÍN OFICIAL DEL ESTADO - BOE
(Official State Gazette)
No. 185.
Saturday, 3 August 2013.
Sec. 1 P. 56551
I. GENERAL PROVISIONS
THE HEAD OF STATE
8554
Law 12/2013, of 2 August, measures to improve the functioning of the food supply
chain.
JUAN CARLOS I
KING OF SPAIN
Make known to all those who may have knowledge of the present:
That the Cortes have passed and I have ratified the following Act:
PREAMBLE
I
Food in Spain is a sign of identity that emerges from the great variety and richness of this
country's agri-food products that result from the diversity of its lands, oceans, ecosystems and
traditions.
The importance, therefore, of everything related to food, derives not only from the need to
satisfy a basic function of every human being, but of the intrinsic relationship that food has
traditionally had with society, the economy and the countryside in Spain.
This link has become inexorably consolidated over time while generating a sector of vital
importance, which has as its ultimate goal not only to meet the demands of consumers, but also
to generate wealth and contribute significantly to economic growth and the development and
progress of Spain's rural areas.
The agricultural sector in Spain has as undeniable strategic value to the national economy,
as shown by its share of GDP, its contribution to the trade balance, its size, the number of jobs
it creates and its level of production, thus making it the number one manufacturing sector and
one of those receiving the greatest degree of international protection.
Nevertheless, as a whole it is vulnerable by nature since it involves a wide range of actors
from the production, processing and distribution sectors which, in turn, are individually
constrained due to their idiosyncrasies.
In general, the agricultural production sector is highly fragmented, comprised mostly of
small-scale enterprises. The inelasticity of demand, seasonal and fragmented supply, territorial
dispersion and jobs linked to rural areas, are all unique characteristics of agriculture that clearly
distinguish it from other economic sectors, as evidenced by the treatment it has received from
the Common Agricultural Policy (CAP) under the Treaty establishing the European Union .
The agri-food industry is composed mainly of small and medium enterprises, along with
large Spanish and international industrial groups.
The food distribution sector is divided into two types of sales channels. The organised sales
channel that is highly concentrated in companies with medium and large shops that offer a wide
range of products and typically belong to large retail groups that concentrate demand from
different sales points thus putting them in a strong bargaining position vis-à-vis suppliers. The
other sales channel is specialised trade made up of companies with smaller family-type outlets
located in municipal markets, shopping malls or their own retail facilities.
This heterogeneity has had an undeniable effect on the operation of and relationships
between food supply chain operators exhibiting deficiencies that have been exacerbated by the
current global economic crisis. The volatility of prices paid to producers, the high cost of inputs
and the instability of international markets are cyclical factors that have reduced the
competitiveness and profitability of the food sector.
An analysis of the current status of the value chain shows clear evidence of asymmetries in
bargaining power that may and sometimes do result in a lack of transparency in price formation
and potentially unfair and anticompetitive commercial practices that distort the market and have
a negative effect on the competitiveness of the entire food sector.
The proper operation of the food supply chain is essential to ensure sustainable value
added for all operators and to contribute to increasing global competitiveness and ultimately to
benefit consumers. Therefore, it is essential to address this problem from a global perspective
taking account of all agents that interact along the food supply chain so as to ensure market
unity so that the agri-food sector is able to develop fully and realise its potential.
The guarantee of market unity within the sphere of the food supply chain is key to
competitiveness allowing for greater exploitation of economies of scale, division of labour and
the intensity of competition, which will reduce production costs, improve productivity and give
rise to higher levels of employment and welfare.
II
The Spanish and European society, as well as national and Community institutions, are
aware of the situation affecting the entire agri-food sector resulting from imbalances between
the various links in the chain.
Ever since the European Commission published its Communication “A better functioning
food supply chain” in 2009, many more initiatives have emerged delving deeper into the
analysis and identifying the real issues that are affecting its development.
Other EU institutions have joined the Commission's different initiatives: the Competitiveness
and Agriculture Councils, the European Parliament and the Economic and Social Committee
which, through statements, decisions and reports, have highlighted the severity and global
extent of this problem while emphasising the need for States to take action to address this
social and economic problem.
The constitution of the High Level Forum for a Better Functioning Food Supply Chain in late
2011, is the most recent step taken by the European Union to seek solutions to ensure greater
price transparency, improve competition, prevent abuse of power in negotiations and
procurement, prohibit speculation and encourage self-regulation.
Meanwhile in Spain, the Congress of Deputies has undertaken several initiatives to urge the
Government to promote policies to ensure that operators along the value chain, especially
farmers and ranchers, make a suitable profit from their activity. The Government's response
was to create the Food Price Observatory within the Ministry of Agriculture, Food and
Environmental Affairs in order to make markets more transparent.
These discussions and analyses of the situation affecting the food supply chain have also
spread internally in most Member States where they are implementing various measures of
varying scope but which all share the same goal.
The common goal of all the national and Community initiatives mentioned above, is to
balance the food supply chain and ensure fair and effective competition while maintaining
suitable price levels and adequately informing consumers.
III
In accordance with the foregoing, this law is intended to improve the functioning and
structure of the food supply chain in order to enhance the efficiency and competitiveness of the
Spanish food sector and reduce imbalances in trade relations between the different operators
along the value chain, all within a framework of fair competition benefiting not only industry but
also consumers.
To fulfil this goal, the law is structured as follows:
Title I, “General Provisions”, regulates the objective and scope of the Act, its purpose, some
definitions and collaboration that will govern the interaction of the competent public authorities in
the exercise of their duties within the framework of this Act.
The scope of the Act extends to commercial relations among all operators along the food
supply chain from production to the distribution of food or food products.
Deliveries of products to agri-food cooperatives or associative bodies by their members are
excluded from the scope of this law.
However, commercial operations between operators along the food supply chain involving
packaging, processing or storing for later sale and, in any case, purchases of live animals, feed
and all raw materials and ingredients used for animal feed, shall be subject to the provisions of
this law. Hence, this law shall not apply to commercial relations affecting other agricultural
inputs.
Furthermore, the scope of Title II, Chapter I of this law is limited to the commercial relations
of operators engaging in continuous or periodic commercial transactions the value of which
exceeds € 2 500, provided that said operators find themselves in any of the following situations
of imbalance:
a) One of the operators is an SME and the other is not.
b) In the case of the marketing of unprocessed agricultural products, perishable goods and
food inputs, one of the operators has primary agricultural, livestock, fishery or forestry producer
status, or is a group having such status, and the other does not.
c) One of the operators is economically dependent on the other operator, meaning that the
total sum for which the former invoiced the latter accounted for at least 30% of the former's
turnover during the previous year.
Lastly, in accordance with the definition of food supply chain under Article 5, transport
activities and commercial relations with companies operating in the catering sector such as
sales outlets or retail establishments like hotels, restaurants, bars and cafeterias, are excluded
from the scope of the law.
Under this title, it is important to highlight Article 6 devoted to collaboration between Public
Administrations which is crucial in ensuring the proper enforcement of this law and the principle
of market unity.
Title II, Chapter I regulates food procurement contracts concluded between operators along
the food supply chain. The most significant novelty here, intended to ensure legal certainty and
fairness in trade relations, is the obligation to formalise such procurement contracts in writing
since they will affect supply, sales and integration contracts. It also establishes the obligation to
include all essential elements in these contracts (identification of the parties, purpose, price,
terms of payment, delivery of goods, rights and duties, duration and causes and effects of
cancellation) freely determined by the parties in accordance with the guiding principles of this
Act. In no case does meeting formal requirements guarantee the existence or validity of the
contract.
Lastly, the law also regulates electronic auctions and the duty for operators to keep
documents on file for a period of two years for the purpose of checks which may be made.
Regulation of food procurement contracts also seeks to achieve greater transparency
(emergence of underground economy) in commercial relations within the sphere of the food
supply chain.
Chapter II regulates unfair trade practices. Modification of established contractual terms,
unless by mutual agreement of the parties, is prohibited. Food procurement contracts must
contain appropriate clauses laying down the procedure for possible modification and, where
appropriate, to determine their retroactive application.
So-called commercial payments, i.e. all additional payments over and above the agreed
price, are prohibited except in two specific cases and under restrictive conditions.
In relation to commercially sensitive information, no operator may be required to divulge
information about its products beyond that warranted by the context of the business
relationship. Moreover, information obtained may only be used for the purposes for which it was
provided, respecting the confidentiality of information.
Lastly, this chapter includes a provision on brand management that obliges operators to
manage food brands that offer consumers both their own and those of other operators, avoiding
practices or acts constituting unfair competition in accordance with the provisions of the
Competition (Defence) Act, Law 15/2007 of 3 July 2007 and the Unfair Competition Act, Law
3/1991 of 10 January 1991 and unlawful advertising under the General Advertising Act, Law
34/1988 of 11 November 1988.
It also prohibits the improper use by an operator of another's business initiative for profit and
initiatives constituting unfair advertising, i.e. the use, on packaging, presentation or advertising
of the product or service, of any elements likely to be associated or confused with those of
another operator, or brands or trade names of another operator, in the terms defined in the
Trademark Act, Law 17/2001 of 7 December 2001 and without prejudice to Articles 11 and 12 of
the Unfair Competition Act.
Title III regulates best practices in food procurement contracting. Chapter I regulates the
Code of good practice in food procurement contracting supported by the Ministry of Agriculture,
Food and Environmental Affairs, together with the Ministry of Economy and Competitiveness,
the Autonomous Communities and organisations and associations representing production,
processing, industry or distribution, membership in which is voluntary for chain operators.
For this purpose, plans are under way to create a state registry as a public instrument which
would group together all operators in the food supply chain that adhere to the above code.
Inscription of operators in the registry shall also be considered in the rules governing aid
and grants relating to food and the food supply chain awarded by the Ministry of Agriculture,
Food and Environmental Affairs.
Chapter II provides for the possibility of other codes of good business practices drawn up by
supply chain operators themselves. These codes and their operators are entitled to form part of
the Registry.
Title IV of the Act establishes the Food Supply Chain Observatory as a collegiate body
attached to the Ministry of Agriculture, Food and Environmental Affairs. This new body replaces
the Food Price Observatory whose founding regulation is repealed by this law and which
assumes new duties related to the functioning of the food supply chain while continuing to
exercise those related to food prices.
In general, the Food Supply Chain Observatory will monitor, advise, consult, inform and
study the functioning of the food supply chain and food prices. It shall also inform the proposed
Code of Good Business Practices in Food Procurement Contracting regulated under this law,
disseminate it among chain operators and encourage them to sign on to it. It will likewise inform
the results of its application and, where appropriate, propose improvements or updates as
necessary. It may also report breaches of the law it has detected in the performance of its
duties to the competent authorities.
Its make-up and operation shall be determined by regulation.
Title V regulates the power to impose penalties for infringement of the provisions of this Act,
classifies offences and penalties and defines the authorities with competence in each case to
exercise that power.
It should be stressed that, barring evidence presented to the contrary, the operators with the
greatest economic strength in the contractual relationship shall be held responsible for
infringements relating to the failure to draw up written contracts or to include all of the
compulsory details.
Also, to ensure uniform application of the penalties provided under this law throughout the
state, provisions have been made for the Ministry of Agriculture, Food and Environmental
Affairs to promote the drafting and adoption of common guidelines through the appropriate
Sector Conference by reason of the subject matter.
Title VI includes measures to improve the structure of the food supply chain by promoting
integration and other measures to help enhance the competitiveness of its operators.
The Act also features four additional provisions.
The first additional provision modifies the Olive Oil Agency, an autonomous body, renaming
it the Food Information and Control Agency. In addition to its former duties, this Agency will also
assume those new duties related to controlling compliance with the provisions of this Act.
The second additional provision regulates the agri-food laboratories which perform official
checks and which are attached to the Ministry of Agriculture, Food and Environmental Affairs. It
likewise sets the rate that may be charged for these services.
The third additional provision explicitly provides that the provisions of this law shall be
implemented with the material and human resources allocated to the Ministry of Agriculture,
Food and Environmental Affairs and its agencies, with no net spending increase, especially in
relation to staff expenses.
There are also two final amending provisions.
The first final provision applies to the reform of Law 38/1994 of 30 December 1994
regulating Interbranch Agri-food Organisations. The new wording solves recent problems of
non-payment of the renewal of the regional industry regulation and quality bodies. It also
includes new functions (including the possibility of making statistical forecasts, regulation of
supply and collective price negotiation) which, in any case, are subject to the provisions of
national and Community competition law. Lastly, it updates the infringement and penalty
system.
The second final provision amends Law 2/2000 of 7 January 2000 regulating standard food
product procurement contracts. This amendment responds to the need to improve these
essential tools in building a competitive, effective and transparent food industry. It is therefore
necessary to update standard contracts in the sphere of the agri-food sector to provide greater
stability to the markets by adapting production in quantity and quality to the demands of foreign
and domestic markets and improving market transparency and competition.
The main changes to the text of this law refer to the possibility of taking price or cost
indicators into account at the time of pricing, where appropriate. In any case, prices and
indicators must be freely established by the parties. These indicators must be objective,
transparent, verifiable and non-manipulable and shall be established with due consideration for
competition rules. Infringements and penalties applied for breach of the provisions of the law
shall also be updated.
TITLE I
General provisions
Article 1. Purpose.
The purpose of this Act is to establish measures to improve the functioning of the food
supply chain in order to achieve the aims laid down in Article 3.
Article 2. Scope.
1. This law applies to commercial relations among all operators along the food supply chain
from production to the distribution of food or food products.
Product deliveries made to agricultural cooperatives and other associated entities by their
members, provided that they are compulsory according to their bylaws, shall not be considered
commercial relations and therefore do not fall within the scope of this Act.
2. In addition to the commercial operations mentioned in the foregoing section, those
between operators along the food supply chain involving packaging, processing or storing for
later sale and, in any case, purchases of live animals, feed and all raw materials and ingredients
used for animal feed, shall be subject to the provisions of this law.
3. The scope of Title II, Chapter I of this law is limited to the commercial relations of
operators engaging in commercial transactions the value of which exceeds € 2 500, provided
that said operators find themselves in any of the following situations of imbalance:
a) One of the operators is an SME and the other is not.
b) In the case of the marketing of unprocessed agricultural products, perishable goods and
food inputs, one of the operators has primary agricultural, livestock, fishery or forestry producer
status, or is a group having such status, and the other does not.
c) One of the operators is economically dependent on the other operator, meaning that the
total sum for which the former invoiced the latter accounts for at least 30% of the former's
turnover during the previous year.
4. A formal written contract is compulsory in the case of forward or price-deferred
transactions, except in cases where in can be determined ahead of time that the price of the
contract will be under € 2 500.
Article 3. Aims
This Act aims to:
a) Increase the efficiency and competitiveness of the food sector to the benefit of society
and consumers and foster the creation or enhancement of employment given the latter's
importance to the whole of society, rural areas and the national economy.
b) Improve the functioning and structuring of the food supply chain to the benefit of both
consumers and operators, while ensuring a sustainable distribution of value added across the
sectors comprising it.
c) Promote innovation and information and communications technologies in the chain and
the development of new distribution channels for food products.
d) Achieve greater balance and transparency in commercial relations between the different
operators while improving access to information and traceability along the food supply chain,
regulating commercial practices and promoting codes of good business practice among
operators.
e) Strengthen the production sector and enhance the activities of interbranch agri-food
organisations.
f) Improve the competitiveness, efficiency and innovation potential of agricultural production,
industry and food processing.
g) Encourage the development of duties corresponding to distribution companies, within a
framework of competitiveness and respect for competition rules.
h) Help ensure consumer rights with respect to complete and effective information about
food and its quality, transparency in the functioning of the supply chain as well as the availability
of a sufficient amount of quality food.
i) Ensure market unity to enhance the competitiveness of the food supply chain.
j) Promote the spread of a culture of food supply chain sustainability as a measure of
corporate social engagement, increased competitiveness and to contribute to enhanced food
production quality.
Article 4. Guiding Principles.
The commercial relations subject to this Act shall be governed by the principles of balance
and fair reciprocity between parties, freedom to enter into agreements, goodwill, mutual interest,
equitable sharing of risks and responsibilities, cooperation, transparency and respect for free
market competition.
Article 5. Definitions.
For the purposes of this Act, the following definitions shall apply:
a) Food supply chain: The set of activities carried out by the various operators involved in
the production, processing and distribution of food or food products, excluding transportation,
hotel and restaurant activities.
b) Food sector: The set of agricultural, livestock, forestry and fishery production sectors, as
well as those engaging in the processing and distribution of their products.
c) Operator: A natural or legal person in the food sector, including groups, central bodies or
joint enterprises engaging in economic activity in the area of the food supply chain. End
consumers shall not be considered food supply chain operators.
d) Primary producer: A natural or legal person whose main activity is in agricultural,
livestock, forestry or fishery production.
e) food or food product: Any substance or product intended as food for human consumption
or reasonably expected to be used as such, regardless of whether or not these have been fully
or partially processed. This includes beverages, chewing gum and any other substance,
including water, intentionally incorporated into food during its manufacture, preparation or
processing.
f) Food procurement contract: Contract in which one party commits to provide the other
party with food or food products and the aforementioned food inputs, for a certain price, whether
this be an isolated sale or ongoing supply. This does not include those with end consumers.
g) Integration Contract: The type of food procurement contract in which one party, called the
integrator, is under contract to provide the other, the integrated party, all or part of the products,
raw materials and inputs needed for the production in question and, where appropriate, to
handle technical management and take charge of production at the end of the production cycle.
The integrated party must provide the integrator with the land, space, facilities and ancillary
services needed to complete production and then must deliver the latter to the integrator.
h) Commercially sensitive information: The set of technical know-how, not in the public
domain, which is related to the nature, characteristics or purpose of a product, production
method or process or the means or forms of distribution or marketing. Said know-how must be
necessary for the manufacture or marketing of the product.
i) Foreseeable traceability: The stages of production, processing and distribution of food or
food products that fall within normal expectations.
Article 6. Collaboration between public administrations.
1. The various competent public authorities shall adapt their actions to the principles of
mutual information, cooperation and collaboration within the framework of this Act.
2. Regarding the enforcement of this law, the competent public authorities shall ensure
compliance with regulations currently in force guaranteeing unity of the market and, to that end,
shall adopt the regulatory cooperation and collaboration measures needed to discharge their
duties.
3. Where an operator considers that there is an action within the scope of this law which
fails to uphold the principle of market unity, that operator may employ protection mechanisms
and, where necessary, challenge such actions in accordance with the law guaranteeing market
unity.
Article 7. Defence of competition.
The relationships governed by this Act and the applicability of the guiding principles in the
implementation and interpretation of such relationships, shall be subject to defence of
competition rules, without prejudice to Community legislation.
TITLE II
Procurement scheme and abusive business practices
CHAPTER I
Food procurement contracts
Article 8. Entering into food procurement contracts.
1. Food procurement contracts must be done in writing. This formal procedure must be
concluded before the commencement of services provided for therein.
2. In no case does meeting formal requirements guarantee the existence or validity of the
contract.
3. However, a food procurement contract is not necessary where one food supply chain
operator pays another in cash upon delivery of the food products. In this case, the two parties
must identify themselves as operators and document said commercial transaction by issuing a
commercial invoice in accordance with Royal Decree 1619/2012 of 30 November 2012
approving the regulation of billing obligations.
Article 9. Contract conditions.
1. Food procurement contracts regulated in this Chapter shall contain at least the following
information:
a) Identification of the contracting parties.
b) Purpose of the Contract.
c) Price of the contract, with express indication of all payments, including applicable
discounts, determined in fixed or variable amounts. In this latter case, variable amounts shall be
determined based solely on objective, verifiable and non-manipulable factors and explicitly laid
down in the contract. These may include, inter alia, the evolution of the market situation, volume
delivered and the quality or composition of the product.
d) Payment conditions.
e) Product delivery and provision conditions.
f) Rights and obligations of the contracting parties.
g) Information to be supplied by the parties, in accordance with Article 13 of this Act.
h) Duration of the contract and conditions of renewal and modification.
i) Causes, formalisation and effects of contract termination.
2. The content and scope of the terms and conditions of the contract shall be freely
negotiated by the parties, taking into account the guiding principles set out in Article 4 of this
Act.
Article 10. Electronic auctions.
1. Food supply chain operators may conclude public procurement tenders for the purchase
or sale of food products, in accordance with rules regarding the information society.
The organisation of electronic auctions shall be subject to the principles of transparency,
open access and non-discrimination.
2. Auction organisers must publicise the general terms of access, potential costs of
participation and award mechanisms.
3. Following each auction, organisers shall publish the trade name of the awardee. Both the
organiser and the successful bidder are under obligation to buy or sell, as the case may be, the
entire lot of the product awarded in accordance with general conditions of access, unless bid
specifications provide for a reserve price under which the purchase or sale would not take
place.
Article 11. Duty to keep documents on file.
1. Food supply chain operators shall keep all correspondence, documentation and
supporting documents on file, in electronic or hard copy format, related to food procurement
contracts concluded under the provisions of this Act, for a period of two years.
2. Electronic auction organisers are required to keep a hard copy or electronic file of all
auctions conducted for a period of two years, including information about the identity of the
bidders, their bids and the conclusion of the food procurement contract.
CHAPTER II
Unfair business practices
Article 12. Unilateral changes and unforeseen commercial payments.
1. Modification of established contractual terms, unless by mutual agreement of the parties,
is prohibited. Food procurement contracts must contain appropriate clauses laying down the
procedure for possible modification and, where appropriate, for the determination of retroactive
application.
2. Additional payments over the agreed price are prohibited, unless they are to cover the
reasonable risk of referencing a new product or the partial financing of the marketing of a
product reflected in the unitary retail price and have been agreed and explicitly included in the
contract concluded in writing, together with a description of what said payments are for.
3. The contract must stipulate the refund mechanism for the return of payments where
services or promotion or similar activities were not carried out by the deadline and under the
agreed terms and conditions.
Article 13. Commercially sensitive information.
1. Food procurement contracts must specify in writing the information that the parties must
furnish for the effective fulfilment of their contractual obligations and the deadline for the delivery
of such information, which in any case must be proportionate and justified by objective reasons
relating to the object of the contract, without prejudice to the application of competition rules.
2. Under no circumstances may one operator require another to divulge sensitive
information about its products, nor may it require documents to obtain such information, unless
so stated in the written contract in accordance with the provisions of the preceding paragraph.
3. Commercially sensitive information obtained in the negotiation or execution of a food
procurement contract shall be used solely for the purposes for which it was obtained, respecting
at all times the confidentiality of information transmitted or stored.
4. Operators must not require or reveal commercially sensitive information about other
operators, and this applies explicitly to documents whereby such commercial information may
be obtained.
Article 14. Management of brand names.
1. Operators shall manage food brands that offer consumers both their own and those of
other operators, avoiding practices contrary to free competition, and acts constituting unfair
competition in accordance with the provisions of the Competition (Defence) Act, Law 15/2007 of
3 July 2007 and the Unfair Competition Act, Law 3/1991 of 10 January 1991 and unlawful
advertising under the General Advertising Act, Law 34/1988 of 11 November 1988.
2. The improper use by an operator of another's business initiative for profit is prohibited, as
are initiatives constituting unfair advertising, i.e. the use, on packaging, presentation or
advertising of the product or service, of any elements likely to be associated or confused with
those of another operator, or brands or trade names of another operator, in the terms defined in
the Trademark Act, Law 17/2001 of 7 December 2001 and without prejudice to Articles 11 and
12 of the Unfair Competition Act.
TITLE III
Good practices in food procurement contracting
CHAPTER I
Code of Good Business Practices in Food Procurement Contracting
Article 15. Purpose, scope and development.
1. The Ministry of Agriculture, Food and Environmental Affairs, organisations and
associations above the Autonomous Community level and representatives of production
operators, industry and distribution, shall come to an agreement on a Code of Good Business
Practices in Food Procurement Contracting. The Ministry of Economy and Competitiveness and
the Autonomous Communities shall also participate in the said agreement in order to promote
the uniform application of the code throughout national territory.
2. The Code shall establish the principles on which to base commercial relations between
the different operators involved in the chain with a view to facilitating the development of
contractual relations, observance of best practices in the building of these relations and their
adaptation to the rules and principles contained in Article 4 of this law.
The Code shall also list those business practices that promote fair, balanced and loyal
relationships between food supply chain operators.
3. Adherence to the Code of good business practices is voluntary for operators in the
different areas of the food supply chain referred to in paragraph 1 of this Article.
4. Once committing to the Code, operators must adapt their commercial relations to its
principles and rules and the use of the systems defined to settle disputes that may arise in such
relationships, following the procedures established therein.
Article 16. Content.
1. The Code of Good Business Practices in Food Procurement Contracting shall contain the
set of principles referred to in Article 15(2), specifically the commitment made by operators who
voluntarily adhere to the Code to subject the settlement of disputes that may arise in their
relationships with other operators to the dispute settlement procedure specifically designed for
that purpose.
In all of their business contracts, operators must stipulate this commitment to submit the
settlement of their disputes to the procedure established in the Code for that purpose.
In any case, food supply chain operators who choose to adhere to the Code undertake to
furnish the information required to analyse the dispute.
Where no agreement is reached between producer organisations and buyers with regard to
food procurement prices for the first sale of unprocessed agricultural products, the Code
provides that either party may solicit mediation. Mediation shall be in the terms, under the
conditions and with the effects provided for in the regulation and, in any case, shall be a neutral
and impartial proceeding where the parties have equal opportunity to intervene. The result of
the mediation procedure is not binding unless the parties have expressly agreed so beforehand.
2. Where necessary, the Code may contain sector-specific agreements so as to more
clearly address aspects in sectors so requiring.
3. In order to keep the Code current, it provides for the constitution of a Monitoring
Committee composed of the Ministry of Agriculture, Food and Environmental Affairs, the
Ministry of Economy and Competitiveness and representatives from organisations and
associations representing the different food supply chain operators.
To that end, the Committee shall analyse the results obtained from the implementation of
the Code and propose changes, where appropriate, to adapt it to the reality of the moment or to
introduce new commitments not initially envisaged.
4. In any case, the Code shall respect competition rules and shall be sufficiently publicised
so that all relevant operators are familiar with it.
Article 17. State Register.
1. The State Registry of Good Business Practices in Food Procurement Contracting has
been created within the Ministry of Agriculture, Food and Environmental Affairs as a public
instrument grouping together all operators taking part in the food supply chain that decide to
voluntarily adhere to the Code referred to under Article 15.
2. Operators voluntarily adhering to the Code must inform the Directorate-General for the
Food Industry of the Ministry of Agriculture, Food and Environmental Affairs of their wish to
register.
Once registered, operators may advertise that they “Adhere to the Code of Good Business
Practices in Food Procurement Contracting”.
3. Periodically, publicity will be given to the operators who are entered in the Register
through the electronic office of the Ministry of Agriculture, Food and Environmental Affairs and
in the Official State Gazette.
Also, the aforementioned Ministry shall periodically launch state-wide promotion campaigns
to inform consumers of the importance and significance of food supply chain operators' signing
the Code.
4. The procedure whereby to cancel an inscription in the Registry shall be established in the
regulation.
5. Inscription of operators in the registry shall be considered in the rules governing aid and
grants relating to food and the food supply chain awarded by the Ministry of Agriculture, Food
and Environmental Affairs.
CHAPTER II
Other codes of good business practices
Article 18. Signing and promoting other codes.
1. Notwithstanding the provisions of the preceding articles of this Title, food supply chain
operators may subscribe to other codes of good business practices in food procurement
contracting which set higher standards for operators than those set out in the Code of Good
Business Practices in Food Procurement Contracting. Also, organisations representing the
interests of the food supply chain may encourage such codes for companies operating solely or
principally in their territory. In both cases, these codes must comply with the provisions of Title I
and II of this law and with all other legal provisions, especially those having to do with the
defence of competition.
2. Regulations will be drafted to establish the procedure and requirements to be satisfied by
these other codes of good practice at national or supra-regional level, so they can be included
in the State Register established under Article 17. Operators signing on to these codes shall
likewise be included.
TITLE IV
Food Supply Chain Observatory
Article 19. Creation.
The Food Supply Chain Observatory has been created as a collegiate body attached to the
Ministry of Agriculture, Food and Environmental Affairs, through the Directorate General for the
Food Industry.
Article 20. Duties.
1. In general, the Food Supply Chain Observatory will monitor, advise, consult, inform and
study the functioning of the food supply chain and food prices.
In addition to the above, the Observatory shall also perform the following duties:
a) Inform the proposed Code of Good Business Practices in Food Procurement Contracting
regulated under this Act.
b) Inform proposals for other codes of good business practices submitted for inclusion in the
State Register.
c) Follow up on the results of the work done by the Code's monitoring committee referred to
in Article 16(3), and make proposals to that committee with regard to matters of interest for the
enhancement and update of the commitments contained in the Code.
d) Facilitate awareness of the Code among chain operators and encourage them to sign on
to it.
e) Monitor and assess the business practices employed by food supply chain operators
through surveys or other market system analysis tools and the publication of reports and
recommendations.
The competent authorities shall be informed of any infringements of the law detected
through work performed. Where appropriate, it shall draw up explanatory reports and conduct
studies regarding imbalances detected in the food markets considered at origin and destination,
with special attention on the different factors contributing to the price of seasonal products.
f) Analyse the basic structure of prices and the factors responsible for their evolution in the
case of the most relevant foods in terms of production and consumption at the different stages
of their formation.
g) Promote the adoption of good practices and flexible dispute settlement systems with
regard to the negotiation of contracts for the first purchase of perishable goods.
h) Conduct studies on a regular basis to systematically monitor the formation of the final
prices of food.
i) Promote dialogue and communication between the representatives of the production
sector, industry, retailing and consumers, and between these and public administrations, in
order to provide the greatest possible rationality and transparency to the process of food price
formation consistent with the market economy, in a system of open competition for the benefit of
society as a whole.
j) Draw up action proposals for the competent administrations and recommendations to the
various economic agents involved, companies and public or private institutions, with a view to
maintaining the necessary stability within a framework of development open to competition and
food price balance compatible with Community law.
k) Prepare food price reports requested by the Ministers of Agriculture, Food and
Environmental Affairs and of Economy and Competitiveness.
l) Analyse and conduct ongoing studies of the basic structure of costs and prices perceived
and paid for the most strategically important products of the Spanish food sector and the factors
affecting their evolution.
2. The food supply chain Observatory will prepare an annual report for submission to the
Cortes Generales assessing the progress made and results achieved in improving the
functioning of the food supply chain and the effectiveness of actions undertaken.
Article 21. Make-up and operation.
The make-up, operation and, as the case may be, elimination of the Food Supply Chain
Observatory, will be defined in the regulation ensuring the inclusion of the most representative
organisations and associations of the food supply chain ranging from producer to final
consumer.
TITLE V
Punitive authority
CHAPTER I
General provisions
Article 22. General principles.
1. For the purposes of this law, the administrative offences classified in the following articles
are considered minor, serious and very serious.
2. A court investigation of a criminal case or the initiation of proceedings for infringement of
competition rules, shall suspend the processing of any administrative penalty procedure which
may have been initiated for the same case.
3. The rules and penalties laid down in the Public Administrations and Common
Administrative Procedure (Legal Regime) Act, Law 30/1992 of 26 November 1992 shall apply to
the infringements covered under this Act.
4. In no case may two or more penalties be imposed for the same acts or based upon
protection of the same public interests, although responsible parties shall be held liable for all
other concurring acts or infringements.
5. Persons of any legal nature who possess, or have the obligation to possess information
or documents that could help clarify liability for the offences classified under this Act, or help
determine their extent and degree, have the duty to cooperate with the competent authorities in
matters of commercial regulation. To this end, they shall furnish the information and documents
requested of them by the competent authority in the performance of its duties within the
specified time frame.
CHAPTER II
Infractions and penalties
Article 23. Infringements with regard to food procurement contracting.
1. The following are minor food procurement contracting infringements:
a) Failure to draw up a written food procurement contract as specified in this Act.
b) Failure to include at least the minimum required details in the food procurement contract.
c) Failure to meet the conditions and requirements applicable to electronic auctions.
d) Failure to keep obligatory documents on file.
e) Introduce changes in the terms of the contract that were explicitly agreed by the parties.
f) Require additional payments over the price agreed in the contract, except in the cases
provided for in this law.
g) Require or disclose sensitive commercial information from other operators obtained in the
negotiation process or implementation of a food procurement contract, breach of confidentiality
and the use of said information for purposes other than those expressly agreed in the contract.
h) Failure to comply with the obligation to provide the information that is required by the
competent authorities in the exercise of their duties.
2. The commission of two or more minor offences within two years as from the date of issue
of the final administrative decision of the first one is considered a serious offence.
Failure to comply with payment periods in commercial transactions involving food or food
products is considered a serious offence in accordance with Law 15/2010 of 5 July 2010,
amending Law 3/2004 of 29 December 2004 establishing measures to combat late payment in
commercial transactions.
3. The commission of two or more serious offences within two years as from the date of
issue of the final administrative decision of the first one is considered a very serious offence.
4. It is presumed, unless proven otherwise, that the parties responsible for the offences
described in sub-paragraphs a) and b) of paragraph 1 of this Article, are operators that are not
SMEs, that do not have primary agricultural, livestock, fishery or forestry producer status and
are not a group having such status and are operators on which the other operator involved in
the relationship is economically dependent, when any of them interacts with other operators that
are SMEs, are primary producers or groups thereof or are in a situation of economic
dependence.
5. The provisions of the Competition (Defence) Act, Law 15/2007 of 3 July 2007 shall apply
where effective competition in the marketplace is affected by non-compliance with the
obligations laid down in this Act.
Article 24. Penalties.
1. Fines for Infringements in the area of food procurement contracting shall be charged
according to the following scale:
a) minor offences, up to € 3 000;
b) Serious offences, between € 3 001 and €100 000.
c) Very serious offences, between € 100 001 and €1 000 000.
2. The public administration responsible for the imposition of the main penalty may apply an
accessory penalty consisting of the publication of penalties imposed for very serious offences,
confirmed by a final court decision, along with the name or trade name of the natural or legal
persons responsible and the nature and type of infringements.
Article 25. Scale of penalties.
Penalties shall be scaled mainly on the basis of the degree of intentionality or the nature of
the damage caused.
Article 26. Competence.
1. The General State Administration shall exercise the punitive authority provided for in this
Act in the following cases:
a) Where the contracting parties do not have their main corporate headquarters in the same
Autonomous Community.
b) Where the contract affects more than a single Autonomous Community judging from the
foreseeable traceability of most of the food or food product under contract.
2. The competent bodies of the Autonomous Communities shall exercise the punitive
authority provided for in this Act in all other cases.
3. The following bodies shall have the authority to impose penalties in the area of food
procurement contracting within the sphere of the General State Administration:
a) The Director-General of the Food Industry, where the total amount of the penalty
proposed by the investigating judge does not exceed € 100 000.
b) The Secretary-General of Agriculture and Food, where the amount exceeds € 100 000 up
to € 300 000.
c) The Minister of Agriculture, Food and Environmental Affairs where the amount exceeds €
300 000 up to € 600 000.
d) The Council of Ministers, where the amount exceeds € 600 000.
4. The Ministry of Agriculture, Food and Environmental Affairs shall use the appropriate
Sectoral Conference, depending on the subject matter, to promote the drafting and adoption of
guidelines to ensure uniform application of the penalty system throughout the country.
TITLE VI
Improved structure of the food supply chain
Article 27. Promoting integration and strengthening the development of the value chain.
1. The Ministry of Agriculture, Food and Environmental Affairs, within the limits of budget
availability and adhering to regulatory requirements and conditions, shall work together with the
regional governments to promote greater integration of operators in the food supply chain in
order to facilitate greater efficiency and profitability in its different sectors.
2. The Ministry of Agriculture, Food and Environmental Affairs shall work, in collaboration
with other ministries, organisations within the production sector in question and the Autonomous
Communities, to identify and promote the development and implementation of new domestic
and international marketing channels for foods and food products, thus contributing to greater
efficiency throughout the value chain. Priority shall be given to initiatives that help introduce
innovation and information and communications technologies in the chain, as well as those
aimed at developing short marketing channels allowing value added to have a greater impact on
producers and processors.
3. Support will likewise be given to the development of policies and programmes promoting
quality and logistical efficiency and fostering innovation and the use of new technologies with a
view to improving the competitiveness of agricultural production.
4. The participation of consumer associations in the actions outlined this Article shall be
encouraged.
First Additional Provision. Information and Food Control Agency
1. The Information and Food Control Agency has been created as an autonomous body in
accordance with the provisions of the General State Administration (Organisation and
Functions) Act, Law 6/1997 of 14 April 1997. It has distinct public legal personality and full
capacity to act and shall be governed by the provisions of this Act and other applicable
regulations.
The Information and Food Control Agency replaces and takes over the duties of the Olive
Oil Agency. Accordingly, references made to the Olive Oil Agency in applicable laws shall be
assumed to refer to the Information and Food Control Agency. The Information and Food
Control Agency shall assume all agreements, rights, duties and all other legal acts pertaining to
or endorsed by the Olive Oil Agency.
2. The Information and Food Control Agency is attached to the Ministry of Agriculture, Food
and Environmental Affairs through the General Secretariat for Agriculture and Food which is
responsible for its strategic administration and evaluation and for overseeing the results of its
activity.
3. The Agency, within the sphere of its competencies, has the administrative powers to meet
its aims in accordance with applicable law.
4. In the discharge of its public duties the Agency shall act in accordance with the provisions
of the Public Administrations (legal regime) and Common Administrative Procedure Act, Law
30/1992 of 26 November 1992.
5. The general purpose of the Agency is to manage the information and control systems of
olive and dairy markets and of any others determined by law. It shall likewise oversee
compliance with the provisions of this law to improve the functioning of the food supply chain.
6. The Agency shall undertake the following duties to achieve the aims set in the previous
paragraph:
a) Manage and maintain information, monitoring and analysis systems of oil (olive oils and
table olives) and dairy markets and analyse and disseminate results. A specific information,
monitoring and analysis system shall be created for those food sectors or markets that the
Ministry of Agriculture, Food and Environmental Affairs considers particularly sensitive and/or
strategic.
b) Establish and develop the control system needed to oversee the fulfilment of obligations
by operators working in the sectors or markets referred to in the preceding sub-paragraph to
ensure the accuracy and integrity of data entering the system and of market information to
determine the origin, destination and characteristics of raw materials and products, including
through appropriate sampling and analyses at any stage along the chain, as well as monitoring
and overseeing the enforcement or destruction of non-edible by-products.
c) Inform competent authorities of alleged infringements detected in the checks alluded to in
the previous sub-paragraph, attaching the necessary documentation regarding proven facts and
legal and technical assessments.
d) Initiate and process sanction proceedings, in accordance with specified rules, for
breaches in the payment of mandatory contributions to industry organisations or producers
recognised by the Ministry of Agriculture, Food and Environmental Affairs regarding the
products or sectors referred to in sub-paragraph a), formulating the corresponding motions for
resolution to the competent authorities.
e) Establish and develop the control system needed to check compliance with the provisions
of this Act to improve the functioning of the chain.
f) Investigate complaints presented for violations of the provisions of this Act and process
the relevant penalty procedure to formulate a motion for resolution to the competent authority of
the Ministry of Agriculture, Food and Environmental Affairs, or transfer them to the National
Competition Commission along with the actions taken.
g) Initiate appropriate penalty proceedings ex officio for irregularities found in the discharge
of its duties involving breaches of the provisions of this Act and, after appropriate investigation,
propose to the competent authority the appropriate decision or, as the case may be, submit a
duly documented complaint to the National Competition Commission.
h) Collaborate with the Food Supply Chain Observatory in performing works, conducting
studies and drafting reports on the products, markets and sectors referred to in paragraph 5 as
needed for the Observatory to carry out its duties.
i) Manage and maintain the State Register of Good Business Practices in Food
Procurement Contracting.
j) Establish partnerships with other bodies of the General State Administration and the
Autonomous Communities in matters within their sphere of competence and concerning quality
control and the promotion of the products, markets or sectors referred to in paragraph 5.
k) Work with sectoral and industry producer organisations related to its sphere of
competence.
l) Any other functions assigned to it by regulation to fulfil its general purposes.
7. The Agency's control and inspection activities will be undertaken by public officials who
will be given law enforcement status in the discharge of their duties.
The reports prepared by Agency inspectors shall be considered public documents and,
unless proven otherwise, shall attest to the facts contained therein.
8. Information and Food Control Agency officials, duly accredited by their Director, shall
inspect and check the organisations and operators assigned to them and in so doing shall have
the authority to:
a) Enter any premises, property, plant or means of transport used by the natural or legal
persons subject to the check.
b) Verify storeroom stock, products obtained, processes applied and facilities, machinery
and equipment used.
c) Check books and documents relating to the undertaking's activities, regardless of the
format used, in particular those that furnish evidence of the origin of their purchases and the
destination of their sales and their respective prices and values, and to obtain copies or
extracts, in any format or medium, of such books and documents.
d) Retain, for a maximum period of five days, the books or documents specified in subparagraph c) of this paragraph. In exceptional cases, the originals shall be furnished when
certified copies cannot be provided.
e) Shut down warehouses, facilities, storage facilities, equipment, vehicles, books or
documents and other property of the undertaking during the period and to the extent necessary
for the inspection.
f) Require any representative or staff member working for the person under scrutiny to
provide the explanations deemed necessary regarding the activities, processes, materials or
documents related to the object and purpose of the inspection and to record the answers.
g) Take samples of raw materials and intermediate and finished products to determine their
composition and characteristics as well as by-products produced.
h) Record actions undertaken, the information requested and obtained and the findings.
Exercise of the powers described in letters a) and e) requires the prior consent of the party
affected or, failing that, judicial authorisation.
At any stage of the proceeding, secrecy may be ordered ex officio or upon request with
regard to data or documents deemed confidential thus forming a separate section of the case
file.
9. All who take part in checks, inspections or the conduct of enquiries in sanction
proceedings shall keep all facts and confidential information secret. They must likewise maintain
secrecy with regard to all proceedings of which they are aware by reason of profession, post or
participation as a party, even after leaving office.
10. All natural or legal persons are obliged to cooperate with the Information and Food
Control Agency and must provide, at the request of the latter and in a timely fashion, all types of
data and information to which they have access which could be helpful to the inspection. Such
information must be furnished within ten days unless a different deadline is set based on the
nature of the request and the circumstances of the case.
11. The Agency's personnel regime shall adhere to the provisions of Article 47(1) of the
General State Administration (Organisation and Functions) Act, Law 6/1997 of 14 April 1997.
12. The Agency's economic resources may come from any of the ones listed under Article
65(1) of the General State Administration (Organisation and Functions) Act, Law 6/1997 of 14
April 1997.
13. The Agency is subject to the general rules of procurement for public administrations
regarding matters of procurement, acquisition and disposal.
14. The system governing the Information and Food Control Agency's assets must comply
with Article 48 of the General State Administration (Organisation and Functions) Act, Law
6/1997 of 14 April 1997.
Second additional provision. Agri-food laboratories for official control organisationally dependent on
the Ministry of Agriculture, Food and Environmental Affairs.
One. Agri-food Laboratories of the Ministry of Agriculture, Food and Environmental Affairs.
With a view to standardising the criteria applied to official analytical controls and to
improving the quality of the results, the agri-food laboratories of the Ministry of Agriculture, Food
and Environmental Affairs shall coordinate, collaborate and cooperate with the agri-food
laboratories designated by the competent authorities of the Autonomous Communities to
analyse samples taken at these controls and shall undertake the following main duties:
- Harmonise the criteria for the adoption of analytical methods in official laboratories and
propose the modification, termination or establishment of new ones.
- Facilitate the transfer of analytical methods between agri-food laboratories of the
Autonomous Communities and the Ministry of Agriculture, Food and Environmental Affairs, and
circulate information regarding the services offered and analytical capacity of these laboratories.
- Organise and facilitate the operation of the Sectoral Working Groups, involving technical
representatives of the different public administrations and industry.
- Facilitate the training of technical staff responsible for the analysis of agri-food products at
the laboratories.
- Establish a common institutional framework for communication between laboratories and
the National Accreditation Board.
The designation of laboratories by the competent authorities of the Autonomous
Communities to perform official analytical controls shall be valid throughout the entire State and
the designated laboratories shall form part of the Network of Agri-food Laboratories under the
auspices of the Ministry of Agriculture, Food and Environmental Affairs, thus enabling more
effective coordination of analytical support for official checks. This support shall be provided by
accredited laboratories that have quality control systems in place in accordance with
Community law thus ensuring high quality and uniform results.
Two. Network of Agri-food Laboratories
The Network of Agri-food Laboratories coordinated by the Ministry of Agriculture, Food and
Environmental Affairs proposes to share and promote the accreditation of testing laboratories
and analytical methods for official control. Public or private laboratories designated by the
competent authorities of the Autonomous Communities or the General State Administration
taking part in official controls, shall be included in this network of laboratories. The various
competent authorities shall furnish information to the Ministry of Agriculture, Food and
Environmental Affairs with respect to these laboratories and their portfolio of services. The
operation of the network will be established in a regulation.
Three. Coordination of the Working Groups.
The Ministry of Agriculture, Food and Environmental Affairs shall coordinate the working
groups established within the network for the latter's development.
Four. Specialisation in accredited techniques.
In collaboration with the Autonomous Communities and in order to optimise available
resources, laboratories shall be encouraged to specialise in certain specific accredited
techniques, enabling them to perform the analyses requested by all public administrations in the
discharge of their official control duties.
Five. Designation of reference laboratories.
The Ministry of Agriculture, Food and Environmental Affairs, in coordination with the
Autonomous Communities, shall designate national reference laboratories in the agri-food and
feed sector which must be public facilities.
Six. Fees for official testing services performed by food laboratories of the Ministry of
Agriculture, Food and Environmental Affairs.
1. Fees for official analyses of samples conducted by food laboratories organisationally
attached to the Ministry of Agriculture, Food and Environmental Affairs, shall be governed by
this Law and other regulations as stipulated under Article 9 of the Public Fee and Price Act, Law
8/1989 of 13 April1989.
2. Official analyses of samples by the food laboratories organisationally attached to the
Ministry of Agriculture, Food and Environmental Affairs shall be subject to a fee. This fee shall
not be charged in the case of studies, agri-food product descriptions or the development of
analytical methods.
3. The public or private natural or legal persons requesting any of the services for which a
fee is charged are liable for payment.
4. The General State Administration, and any other public administration so agreeing, on the
basis of reciprocity, shall be exempt from payment of the fee.
5. The fee shall become due at the time the request for services is made.
6. The following fees shall be charged for the analysis of samples at food laboratories
organisationally attached to the Ministry of Agriculture, Food and Environmental Affairs:
a) Analyses consisting of direct measurements using simple instruments, qualitative
reactions, arithmetic calculations and physical determinations: € 15 per sample.
b) Preparation of samples:
1. For analyses using basic operations or quantification of analyses consisting of
conventional laboratory operations (extraction, distillation, mineralisation): € 10 per sample and
determination.
2. For intermediate and more complex processes: € 25 per sample.
c) Preparation of a sample for isotopic analysis: € 36.
d) identification and / or quantification of a substance by means of non-instrumental
techniques: € 15.
e) identification and / or quantification of a substance by means of enzymatic kits and
spectrophotometric techniques (visible ultraviolet, infra-red, flame atomic absorption, graphite
furnace or hydride or cold vapour generation): € 29.
f) identification and / or quantification of a group of elements by means of optic ICP or mass
ICP:
1. € 20 for one, € 40 for up to 4 elements and € 100 for more than 4 elements.
2. € 32 for each item and sample in the case of 'Br', 'Rb', 'Sr' and 'I'.
g) Identification and quantification of Hg by atomic absorption spectrometry with a direct
analyser: € 28.
h) identification and / or quantification of a substance or group of substances by means of
separative instrumental techniques (gas and liquid chromatography, capillary electrophoresis): €
30 for one substance, € 40 for between two and fifteen substances and € 65 for more than
fifteen substances.
i) identification and / or quantification of a substance or group of substances, using gas
chromatography, mass spectrometry and / or liquid-mass chromatography: € 80.
j) identification and / or quantification of pesticide residues:
1. Organophosphates, organochlorines and other groups: € 45.
2. Confirmation of the compounds under a) using gas chromatography, mass spectrometry
and / or liquid chromatography: € 35.
3. Specific methods for a pesticide: € 50.
k) Isotopic measurements by 13C, 18O and 2H mass spectrometry: € 60 per isotope.
l) isotopic measurements of the D/H ratio using nuclear magnetic resonance: € 100.
14
3
m) C and / or H liquid scintillation measurements: € 100 per sample.
n) Sensory analysis by means of a tasting panel: € 75 per sample.
o) Pollen analysis and other micrographic analyses: € 70 per sample.
p) Howard mould and yeast counts: € 15 per sample:
q) Biological test for anti-ferments: € 15 per sample.
r) Determination of a substance using specific radioimmunoassay kits: € 57.
s) Determinations made using immunoassay (ELISA): € 80.
t) Determination of gluten in food by Western immunoblotting: € 50.
u) Identification and / or quantification of substances using more than one of the techniques
defined in the previous sections: the sum such techniques.
v) Microbiological Analysis:
1. Count of a particular microorganism: € 25.
2. Isolation and identification of microorganisms by species: € 25.
3. Microbiological screening test for bacterial growth inhibitors: € 15.
4. Microbiological analysis by PCR: € 70.
5. Serological study of pathogens: € 50.
w) PCR analysis of Genetically Modified Organisms:
1. Screening analysis (detection of internal plant controls and regulatory or selection
sequences): € 50 per gene analysed.
2. Analysis of real-time PCR detection and identification of specific sequences: € 60 per
gene analysed.
3. Quantitative real-time PCR analysis: € 180 per GMO (included in the operations
described in 1 and 2.
x) Issue of a certificate on an analysis performed: € 8.
y) Issue of a report on an analysis performed: € 36 / hour or fraction thereof.
7. Fees shall be paid by the person liable in the terms set out in the regulation.
8. The Ministry of Agriculture, Food and Environmental Affairs shall manage the fee.
Third additional provision. No spending increase.
The provisions of this Act shall be enforced with the material and human resources
allocated to the Ministry of Agriculture, Food and Environmental Affairs and its agencies with no
net increase in spending, especially in relation to staff costs.
Fourth additional provision. Conducting and disseminating studies and comparative analyses.
1. Where studies and comparative analyses are conducted on foodstuffs placed on the
market for end consumers at the request of any natural or legal person and the results of such
studies are to be made public, the principles of veracity and technical and analytical rigour must
be met and they must comply with all of the guarantees provided for in national and Community
regulations regarding matters of analysis.
2. All tests or analyses serving as the basis for studies, reports and analyses must be
performed by a laboratory that has an accreditation equivalent to that required for laboratories
authorised to perform official food checks.
3. Once the test result is in, it is sent to the manufacturer or owner of the establishment
according to the procedure established by regulation. Where the result of the analysis indicates
an infraction of the law, the manufacturer, packer or party responsible for the product, whose
name appears on the label, may conduct a second analysis. Where the results of the two
analyses do not match, a third and deciding analysis shall be performed. In both cases, the
procedure will be established by regulation.
Studies, reports and analyses in relation to the specifications, the purchase procedure
applicable to the products being analysed, sampling requirements and the procedure for the
communication of results to stakeholders, shall all be established by regulation.
4. Studies, reports and analyses must not mislead consumers regarding product safety and
quality or compliance with applicable food law.
5. Breach of the principles and requirements applicable to the studies, reports and analyses
conducted by public or private entities for publication contained in this Provision, shall be
deemed to objectively violate the good faith requirement under the provisions of Chapter II of
the Unfair Competition Act, Law 3/1991 of 10 January 1991.
First transitional provision. Pre-existing contracts.
This Act shall apply to contracts entered into after its entry into force, as well as renewals,
extensions and modifications of contracts entered into before such date which shall produce
effects after the entry into force of this Act.
Second transitional provision. Professional Agri-food Organisations.
Interbranch agri-food organisations already recognised by the Ministry of Agriculture, Food
and Environmental Affairs shall be exempt from the new requirement laid down in this Act
obliging interbranch agri-food organisations to accredit that within their territorial limits and
sector they represent at least 51% of the production affected in each and every one of the
professional branches.
Sole repeal provision. Regulatory repeal.
Any provisions of equal or lower rank that conflict or are inconsistent with the provisions of
this Act are hereby repealed. This specifically refers to:
- Law 28/1987 of 11 December 1987 establishing the Olive Oil Agency and
- Royal Decree 509/2000 of 14 April 2000 creating the Food Price Observatory.
First final provision. Amendment of Law 38/1994 of 30 December 1994 regulating interbranch agrifood organisations.
Law 38/1994 of 30 December 1994 regulating interbranch agri-food organisations is
amended as follows.
One. Article 2 is reworded as follows.
“Article 2. Concept of interbranch agri-food organisations.
For the purposes of this Act, interbranch agri-food organisation shall refer to national
organisations or those covering more than one Autonomous Community comprised of
organisations, irrespective of their legal or business nature or that of their members,
representing agri-food production, processing and, if relevant, marketing and distribution.
Two. Article 3 is reworded as follows.
“Article 3. Purpose of interbranch agri-food organisations.
Interbranch agri-food organisations shall be constituted with all or some of the following
purposes:
a) To ensure the proper functioning of the food supply chain and promote best practices in
terms of interaction between members insofar as they participate in the value chain.
b) To engage in activities that improve the knowledge, efficiency and transparency of
markets, in particular through the sharing of information and studies that are of interest to
members.
c) To develop methods and tools to improve product quality at all stages of production,
processing, marketing and distribution.
d) To promote research and development programmes that drive innovation processes in
the sector and improve the incorporation of technology in production processes and to enhance
the competitiveness of the sectors involved.
e) To contribute to better coordination of the different operators involved in the process of
placing new products on the market, in particular by conducting research and market studies.
f) To conduct campaigns to disseminate and promote food production and to engage in
activities providing sufficient information to consumers.
g) To provide information and conduct the necessary studies and actions to streamline,
improve and adjust food production to market needs and consumer demands.
h) To protect and promote organic farming, integrated production and any other
environmentally-friendly production method as well as designations of origin, protected
geographical indications and any other way of protecting differentiated quality.
i) To draw up standard agri-food contracts consistent with national and Community
competition law.
j) To promote the adoption of measures to regulate supply in accordance with the provisions
of national and Community competition law.
k) To engage in collective price negotiation where contracts are compulsory under
Community rules.
l) To develop methods to control and rationalise the use of veterinary and plant protection
products and other factors of production to ensure product quality and environmental protection.
m) To engage in activities designed to better protect the environment.
n) To promote efficiency throughout the food supply chain through actions that aim to
improve energy efficiency, reduce environmental impact, enhance the responsible management
of waste and by-products and reduce food losses along the chain.
ñ) To design and implement training for all members of the chain to ensure the
competitiveness of farms, firms and workers, as well as to bring qualified young people into the
food supply chain.
o) To conduct studies on sustainable production methods and market development,
including transparent, verifiable and non-manipulable price indices and cost objectives, that can
be used as a reference in setting freely-agreed prices in contracts, with due consideration for
applicable Community regulations.
p) To develop and implement the necessary training to improve the professional
qualification and employability of professionals in the agri-food sectors.
q) Any others conferred by Community law.”
Three. Letter b) of Article 4(1) and letters a) and c) of Article 4(2) are reworded as follows.
“Article 4. Recognition of interbranch agri-food organisations.
1.
b) Must furnish evidence that within their territorial limits and sector they represent at least
51% of the production affected in each and every one of the professional branches.
2.
a) Shall regulate the terms of membership and removal of members, ensuring membership
for all national representative organisations committed to comply with them, providing they can
prove that they represent at least 10% of the professional branch to which they belong.
Membership is likewise guaranteed for any regional organisation proving that it represents
at least 50% of the professional branch within its territory, provided that the sector or product in
question accounts for at least 3% of final agricultural, fishery or agri-food production nationwide,
or 8% of the final agricultural production at Autonomous Community level.
They shall also regulate the duration of the representativeness of the member
organisations, renewal procedures and an overview of the status of that representativeness
should such period be exceeded due to a lack of agreement among members.
c) Regulate balanced participation between the production sector and the processingmarketing sector in the management of the agri-food industry. Depending on what interests are
being represented and the corporate purpose for which they were constituted, agricultural
cooperative organisations may fit into the production, processing or marketing sector, or all of
them simultaneously.”
Four. Article 5(1) and (2) is reworded as follows.
“Article 5. Number of interbranch agri-food organisations.
1. Only one single interbranch agri-food organisation is recognised per sector or product,
except as provided in the following paragraphs of this Article.
2. For the purposes of this Article, agricultural and food products entitled to use
differentiated quality protection schemes may be generally considered to belong to the
differentiated sectors or products envisaged in the preceding paragraph or to others of the same
or similar nature.”
Five. Article 6(2) is reworded as follows.
“2. Before 30 April each year, interbranch agri-food organisations must send their annual
activity report for the preceding year, representation status at the close of the year, the annual
accounts and the duly audited liquidation of the last financial year, as well as the annual budget
of revenues and expenditures for the current year, to the Registry of Interbranch Agri-food
Organisations of the Ministry of Agriculture, Food and Environmental Affairs.”
Six. Article 7(1) is amended as follows.
“Article 7. Agreements taken by interbranch agri-food organisations.
In adopting agreements, interbranch agri-food organisations shall adhere to the rules and
principles laid down in national and Community regulations defending competition.”
Seven. Article 8 is reworded as follows.
“Article 8. Extension of rules.
1. Once an interbranch agri-food organisation adopts an agreement, it is submitted to the
Ministry of Agriculture, Food and Environmental Affairs for approval, where appropriate by
ministerial order, of the proposed extension of all or some of its rules to all producers and
traders within the sector or of the product.
The proposed extension of rules must relate to activities defined in Article 3 as aims of the
interbranch agri-food organisations, and any others attributed thereto under Community law.
2. Extension of rules regulated in the preceding paragraph may only be requested by an
industry organisation under the conditions established by regulation, where:
a) The agreement is supported by at least 50% of each of the professional branches
involved and,
b) the interbranch agri-food organisation represents at least 75% of the production affected.
3. Control and monitoring mechanisms shall be established by regulation to ensure
compliance with the agreements to extend rules.
4. In any case, this Article is without prejudice to the application of the provisions contained
in current competition defence rules and Community legislation.
5. In the event that several interbranch agri-food organisations have been recognised within
a given sector, they shall be bound by the approved and published rule extension agreements
of other general and national interbranch agri-food organisations of the same sector.
6. The corresponding regulatory Order shall determine the duration of the agreements, not
to exceed five years or growing seasons, for which the rule extension is requested in
accordance with national and Community regulations.
7. The extension Order, which shall conform to the provisions of Article 24 of Law 50/1997
of 27 November 1997 on Governance, must provide those potentially affected with a period of
not less than fifteen days to participate in the process.”
Eight. Article 9 shall read as follows:
“Article 9. Economic contribution where rules are extended.
Where rules are extended to all pertinent producers and operators in the terms laid down in
the preceding Article, Interbranch Agri-food Organisations may propose an economic
contribution commensurate with the cost of actions from those that are not members, in
accordance with the principle of proportionality, to the Ministry of Agriculture, Food and
Environmental Affairs. Such contributions must not discriminate against members of interbranch
agri-food organisations.
Operating costs unrelated to the cost of activities may not be attributed to the functioning of
interbranch agri-food organisations.”
Nine. Article 10 is deleted.
Ten. Article 11 is reworded as follows.
“Article 11. Revocation of recognition of interbranch agri-food organisations.
1. The Ministry of Agriculture, Food and Environmental Affairs shall withdraw recognition of
all interbranch agri-food organisations that fail to comply with any of the conditions laid down in
Article 4 of this Act.
2. Recognition may be revoked in the case of interbranch agri-food organisations that have
been inactive, i.e. have not engaged in any of the activities set out in Article 3 of this Act for an
uninterrupted period of three years.
3. Revocation of recognition is subject to a hearing of the interbranch agri-food
organisations affected and must be entered in the register regulated under Article 14 of this
Act.”
Eleven. Article 12 is reworded as follows.
“Article 12. Classification of offences.
1. Administrative infringements of the provisions of this Act shall be classified as minor,
serious and very serious.
2. The following constitute minor offences:
a) Undue delay in delivering any of the documents referred to in Articles 6 and 7 regarding
documentation and agreements taken by interbranch agri-food organisations under this Act to
the Ministry of Agriculture, Food and Environmental Affairs.
b) Failure to pay the compulsory economic contribution or instalment thereof, where the
extension of the rule passed by the competent authority does not exceed € 6 000.
3. The following constitute serious offences:
a) More than two minor infringements, declared by a final ruling, within a one-year period.
b) Failure on the part of interbranch agri-food organisations to submit agreements to the
Ministry of Agriculture, Food and Environmental Affairs.
c) Failure on the part of interbranch agri-food organisations to submit the annual accounts
and the duly audited liquidation of the last financial year to the Ministry of Agriculture, Food and
Environmental Affairs when said organisations have collected mandatory economic
contributions during the year from the sector by virtue of a rule extension order approved by the
competent authority.
d) Failure to pay the compulsory economic contribution or instalment thereof, where the
amount due, by virtue of an extension of the rule passed by the competent authority, is between
€ 6 000 and € 60 000.
4. The following constitute very serious infringements:
a) More than one serious infringement of the same nature, declared by a final ruling.
b) Engagement in activities whose purpose opposes those laid down in Article 3 of this Act.
c) Failure to meet any of the requirements for the recognition of interbranch agri-food
organisations laid down in Article 4 of this Act.
d) Denial of membership in an interbranch agri-food organisation of a national or regional
organisation that has proven compliance with minimum representation requirements as
provided in Article 4(2) a) of this Act.
e) Application of the economic contribution scheme, by virtue of the extension of the rules of
this Act, in terms other than those contained in the corresponding Ministerial Order.
f) Failure to pay the compulsory economic contribution or instalment thereof, where the
extension of the rule passed by the competent authority exceeds € 60 000.
5. For offences relating to failure to pay the mandatory financial contribution or instalments
thereof in the case of the extension of the rule passed by the competent authority, such default
on payment must be reported by the interbranch organisation to the competent authority,
attaching the documentation demonstrating that the payment was required of the debtor and the
admissibility of the corresponding lawsuit or, where appropriate, the request for arbitration.
Notwithstanding the foregoing, where the unpaid economic contribution or instalments
thereof is calculated on the basis of data included in official statements to the competent
administration or which are verified by the latter's control activities, it is not necessary to submit
the documents referred to in the preceding paragraph.”
Twelve. Article 13 is reworded as follows.
“Article 13. Penalties.
1. The following penalties apply to the administrative offences listed in the preceding article:
a) Minor offences shall carry a warning or fine of up to € 3 000.
b) Serious offences with a fine of between € 3 001 and € 150 000.
Moreover, an order may be issued for the temporary suspension of recognition of the
interbranch agri-food organisation in accordance with the provisions of this Act for a maximum
of one year.
c) Very serious offences with a fine of between € 150 001 and € 3 000 000.
Moreover, an order may be issued for the temporary suspension of recognition of the
interbranch agri-food organisation in accordance with the provisions of this Act for a period of
between one year and one day and three years.
Also, an order may be issued for the permanent suspension of recognition of the interbranch
agri-food organisation in accordance with the provisions of this Act.
2. The criteria provided for in the Public Administrations (legal regime) and Common
Administrative Procedure Act, Law 30/1992 of 26 November 1992, shall apply to the scaling of
the penalty.
3. Decisions in penalty proceedings are the responsibility of:
a) The Director-General of the Food Industry, where the total amount of the penalty
proposed by the investigating judge does not exceed € 100 000.
b) The Secretary-General of Agriculture and Food, where the amount exceeds € 100 000 up
to € 300 000.
c) The Minister of Agriculture, Food and Environmental Affairs where the amount exceeds €
300 000 up to € 600 000.
d) The Council of Ministers, where the amount exceeds € 600 000 or where the penalty
includes the temporary or permanent suspension of recognition of the interbranch agri-food
organisation.”
Thirteen. Article 15(2) is reworded as follows.
“Article 15. General Council of Interbranch Agri-food Organisations.
2. The General Council of Interbranch Agri-food Organisations shall meet in Plenum and as
a Standing Committee. The Plenum is chaired by the Secretary-General for Agriculture and
Food, and is composed, as determined by regulation, by representatives of the Ministries of
Agriculture, Food and Environmental Affairs, Economy and Competitiveness and Health, Social
Services and Equality, of the Autonomous Communities, professional agricultural organisations,
agricultural and fishery cooperatives, recognised fishery producer organisations, industry and
food trade organisations and consumer organisations.”
Second final provision. Amendment of Law 2/2000 of 30 December 1994 regulating interbranch
agri-food organisations.
Law 2/2000 of 7 January 2000 regulating standard agri-food contracts is amended as
follows:
One. Article 2(2) is reworded as follows.
“Article 2. Standard agri-food contracts.
2. For the purposes of this Act, the term agri-food system shall refer to all agriculture,
livestock, forestry and fishery sectors as well as the processing and marketing of their
products.”
Two. Article 3 d) is reworded as follows:
“Article 3. Contents of contract.
d) Prices and payment terms. Prices and the criteria applied to update them shall be freely
determined by the parties to the contract who may take price or cost indicators into account,
where appropriate. These indicators must be objective, transparent, verifiable and nonmanipulable. The Community's sectoral regulation shall be taken into consideration when
establishing prices and payment terms.”
Three. Article 8 is deleted.
Four. Article 10(2) is reworded as follows.
“Article 10. Disputes.
Should the monitoring committee fail to settle the dispute by the deadline and in the manner
established by regulation, or where either party disagrees with the proposed solution, the
parties may resort to arbitration proceedings.”
Five. Article 11 is reworded as follows.
“Article 11. Offences and penalties.
1. The following are considered minor offences:
a) Failure to submit the results of the external audit to the Ministry of Agriculture, Food and
Environmental Affairs within the prescribed period.
b) Failure to submit the data referred to in Article 4(1) of this Act to the Ministry of
Agriculture, Food and Environmental Affairs.
2. The following are considered serious offences:
a) Failure on the part of the parties to the standard contract to constitute the monitoring
committee within the prescribed period.
b) Failure to comply with all or any of the aims of the monitoring committee.
c) Failure to conduct the external audit provided for under this Act.
d) Failure to submit information or the submission of false information to the competent
authority within the prescribed period.
e) Repeat of a minor offence of the same nature within a year as from application of the
penalty, by virtue of a final administrative decision, of the previous offence.
3. The following are considered very serious offences.
a) The application of economic contributions to items other than those contained in the
supplementary report referred to in Article 5(3) of this Law
b) To engage or agree to engage in for-profit activities on the part of the monitoring
committee.
c) Absolute refusal to allow the public inspection services to perform their duties.
d) Repeat of a serious offence of the same nature within a year as from application of the
penalty, by virtue of a final administrative decision, of the previous offence.
4. The offences listed in the preceding sub-paragraphs shall be penalised as follows:
a) Minor offences shall carry a warning or fine of up to € 3 000.
b) Serious offences with a fine of between € 3 000 and € 150 000.
c) Very serious offences with a fine of between € 150 000 and € 3 000 000.
5. The criteria provided for in the Public Administrations (legal regime) and Common
Administrative Procedure Act, Law 30/1992 of 26 November 1992, shall apply to the scaling of
the penalty.”
Six. Article 12 is reworded as follows.
“Article 12. Competent Bodies.
Decisions in penalty proceedings are the responsibility of:
a) The Director-General of the Food Industry, where the total amount of the penalty
proposed by the investigating judge does not exceed € 100 000.
b) The Secretary-General of Agriculture and Food, where the amount exceeds € 100 000 up
to € 300 000.
c) The Minister of Agriculture, Food and Environmental Affairs where the amount exceeds €
300 000 up to € 600 000.
d) The Council of Ministers, where the amount exceeds € 600 000.”
Third final provision. Constitutional authority.
This Act is enacted pursuant to the provisions of Article 149(1) 13) a) of the Constitution,
which gives the state jurisdiction over bases and coordination of general planning of economic
activity.
Article 5 f) and g), Title II and the first transitional provision are an exception to the foregoing
insofar as they are enacted in accordance with rules 6 and 8 of Article 149(1) which attribute
exclusive competence to the state in matters of commercial and civil law.
Fourth final provision. Power to implement.
The Government is authorised to enact any provisions required for the implementation and
enforcement of this Act.
Fifth final provision. Entry into force.
This Law shall enter into force five months following its publication in the Official State
Gazette.
Therefore,
I order all Spaniards, whether individuals or authorities, to abide by this Law and ensure that
it is observed.
Madrid, 2 August 2013.
JUAN CARLOS R.
The President of the Government
MARIANO RAJOY BREY