Food hygiene in Spain: implementing Reg. (EC) 852/2004

This page is the hub for Spain's implementation of Reg. (EC) 852/2004. It gives the overall picture and links to the detail pages and the other jurisdictions covered in the countries pillar.

The division of powers

Spain is a strongly decentralised State. Food safety is an area in which the State sets the basic rules and coordination, while enforcement — official controls, inspections, most retail registration — falls to the Autonomous Communities and, for local retail trade, to municipalities. At State level, AESAN (the Spanish Agency for Food Safety and Nutrition) provides coordination and handles relations with the European Union. In our view this is what most often confuses newcomers: the European rule is single, but the actual counterpart and the paperwork depend on the Autonomous Community with territorial competence.

Registration: RGSEAA and regional registers

Reg. 852/2004 requires every food business operator to notify each establishment to the competent authority for registration Article 6(2) of Regulation (EC) No 852/2004. In Spain this obligation operates on two levels. Establishments whose activity has supra-regional relevance (they trade across more than one Autonomous Community) or that export are entered in the General Health Register of Food Businesses and Foods (RGSEAA), managed at State level but fed through the regional authorities. Local retail activities (bars, restaurants, shops serving the final consumer within the Community) instead register with the regional or municipal registers provided for by each Autonomous Community. Both channels implement the same European registration obligation: the distinction between registration and approval is explained in the concept registration vs approval; establishments handling products of animal origin may be subject to approval under Reg. (EC) 853/2004 Article 4 of Regulation (EC) No 853/2004.

Self-checking and training

Every food business must put in place self-checking procedures based on HACCP principles Article 5(1) of Regulation (EC) No 852/2004 and ensure the training of staff who handle food Annex II, Chapter XII, point 1 of Regulation (EC) No 852/2004. In Spain the old carné de manipulador de alimentos — the individual health card issued by the administration — was abolished as a mandatory document by Royal Decree 109/2010: food-handler training is now the food business's responsibility, in line with the scheme of the regulation. The operational picture is covered in HACCP training in Spain.

Official controls and competent authorities

Official controls are organised under Reg. (EU) 2017/625 Article 4 of Regulation (EU) 2017/625, which repealed the earlier Reg. (EC) 854/2004 and 882/2004. In Spain enforcement falls to the authorities of the Autonomous Communities and, for retail trade, to municipalities; AESAN provides State-level coordination and relations with the Union. For a comparison with a concurrent-competence health model, see the Italy page.