Anyone who wants to carry it out will have to submit a responsible declaration of compliance with the legal requirements applicable to the exercise of the activity

The government has authorized the sale of food prepared in homes. The areas of the property designated for this activity will be considered a retail trade establishment, according to the Official State Bulletin (BOE). Interested parties are required to submit a responsible declaration of compliance with the legal requirements applicable to the exercise of the activity. The document will have to include the operating hours, the products that will be prepared, a plan of the home that reflects the areas designated for this activity, and the commitment to assume the obligation of being subject to official controls carried out by the competent authorities.

Characteristics

Food may only be supplied to the consumer directly at occasional or periodic markets, or through home delivery, provided that the supply is carried out within the local health unit, health zone, or territory of equal characteristics and purpose defined by the corresponding competent authority where the home is located. Products prepared in homes may not be served for consumption there. They may also not be supplied to groups or at events, either in the establishment itself or at other retail trade establishments. This may be done if the competent authority of the autonomous community allows it.

In addition, food may not be frozen nor may the raw materials used to prepare it. Only those that are already frozen may be kept in that state. When food intended for sale is prepared in the same facilities as those intended for private domestic consumption, there must be a temporal separation, and when necessary to avoid the risk of contamination, a spatial separation of the different activities and products. Furthermore, access by people unrelated to this activity and domestic animals is not permitted to the affected areas.

Reactions to the announcement

The Small and Medium Enterprise Association of Mallorca (PIMEM) has quickly expressed its opposition to the government’s initiative. The association considers that it will create various problems, as well as unfair competition for restaurants, bakeries, or pastry shops. They ensure that it directly attacks SMEs and raises the debate about food safety that is so demanded of them, as well as compliance with correct taxation.

Meanwhile, the Balearic government has ensured that it will not implement it, as they understand that autonomous communities have the power to limit the effects of legislation approved by the central government.