Until March 31, 2026, economic operators in the agri-food sector are obliged to report to the authorities the measures implemented and the quantities of food managed to reduce food waste during the year 2025. For the lack of reporting or incomplete reporting, the sanctions can reach 40,000 lei.
Companies must report as soon as possible how they have reduced food waste. Archive photo
Thus, around 400,000 – 450,000 economic operators fall under the law, out of a total of no more than 1.2 million economic operators according to the data of the Ministry of Finance. Concretely, proportionally approximately between 33% and 40% of all companies in Romania are targeted by this measure.
“It is the first time that economic operators in Romania have to report data on food waste, and this requirement should not be treated lightly. We are talking about serious and complex reporting, which requires a careful analysis of internal flows and correctly prepared documents. In the context where the reduction of food waste is a priority at the European Union level, the risk of controls is high, and companies must treat this obligation with maximum responsibility“, explains lawyer Elena Grecu.
How to report: on the national platform and on the own website
Reporting is made public, both on the state platform https://risipaalimentara.madr.ro/ and on the company's website.
Before uploading the report, companies must ensure that the data is correct, complete and supported by relevant internal documents that reflect how food quantities have been managed and measures taken to reduce food waste. In practice, there are situations where companies may inadvertently omit certain information or transmit incomplete data, especially in the absence of clear internal procedures for collecting and centralizing this information.
That is why it is important for economic operators to carefully check the documentation before uploading it to the national platform and publishing it on their own website, in order to avoid errors, incomplete submissions or possible subsequent requests for clarifications from the authorities.
In the situation where the economic operator does not have a website, the publication obligation does not apply. However, the food waste reduction plan must be drawn up, kept and made available to the competent authorities upon request.
What type of companies are required to report
All economic operators in the agri-food sector, covered by Regulation (EC) no. 178/2002 – more precisely any natural or legal person involved in any stage of food production, processing and distribution:
• Primary production (farms, agricultural producers): vegetable farms, fruit farms, livestock farms, raw milk producers, apiaries, fish farms, grain producers, etc.
• Processing / processing: bakeries, dairies, slaughterhouses, meat processing units, canneries, fruit processing units (juices, purees), breweries or soft drinks, etc.
• Storage, distribution, marketing: cold storage, logistics centers, beverage distributors, food product distributors, grocery stores, supermarkets, hypermarkets, convenience stores, cash & carry, etc.
• The sector of the hotel industry and public food services (HORECA, canteens, restaurants, confectioneries, patisseries, etc.): restaurants, fast foods, canteens (schools, universities, hospitals, companies), confectioneries, patisseries, hotels with meal services, catering units, cafes with food products, bistros, food trucks.
What measures should be taken and in what order
Economic operators in the agri-food sector are obliged to implement at least two measures to prevent and reduce food waste from the letters af, according to the following hierarchy (in this order), according to art. 2, from Law 217/2016:
a. Responsibility measures on the agri-food chain (production, processing, storage, distribution, marketing, HORECA)
b. Discounted sale of near-expiration products
c. Free transfer to receiving operators or to other economic operators, for human consumption
d. Use in animal feed, until the expiry date
e. Directing products of animal origin unfit for human consumption to registered users for animal feed in shelters
f. Directing products unfit for human or animal consumption to transformation into compost
g. Directing products unfit for human or animal consumption to transformation into biogas
h. Directing animal by-products not intended for human consumption to an authorized processing unit
The environmental protection legislation in force applies to fh measures. The elimination and use of animal by-products and derived products, category 3 materials, is carried out according to the sanitary-veterinary legislation.
“In practice, we notice that many companies are not yet ready for this reporting, either because they have not implemented internal measures to prevent food waste, or because they have not centralized the necessary data. The deadline of March 31 is fast approaching, and economic operators must treat this obligation with the utmost seriousness, because reporting involves documenting the measures applied throughout the operational chain and complying with legal requirements that include environmental legislation and sanitary-veterinary regulations”explains the lawyer.
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What documents must be prepared and reported
For the period January 1 – December 31, 2025, companies must have prepared:
• The annual plan to reduce food waste
• The annual report on the amount of food that was transferred free of charge – for receiving operators (model Annex 1 of the Rules)
• The annual report on the amount and value of the food that was transferred free of charge – for donor operators (model Annex 2 of the Rules)
Additional obligations for operators:
• Making the necessary steps to conclude a framework contract with receiving operators for the free transfer of food
• Implementation of information and accountability measures for employees (at least one annual internal communication regarding the objective of reducing food waste)
• Informing consumers about responsible consumption habits
Operators in the hospitality industry shall facilitate the final consumers to take away, at no extra cost and in appropriate packaging conditions, the uneaten food at the end of the meals and shall inform about this possibility in a clear and visible way on the menu
Economic operators cannot deliberately declare unsold agri-food products that are still good for consumption as unfit.
Keeping records: The operators in the agri-food chain involved in the free transfer are obliged to keep, for a period of 3 years, the nominal records of the suppliers and beneficiaries of the agri-food products.
Mandatory documents for each free transfer (minimum):
• Type of redistributed product
• Redistributed product quantity
• Use-by date / date of minimum durability
• Date of redistribution
• Number of final consumers to whom it was redistributed
Who controls and who gives sanctions
Controls are carried out and fines are applied both by ANSVSA, for aspects related to food safety in the food transfer process, and by MADR and the territorial inspection structures, for the non-implementation of measures to prevent food waste, the non-realization or non-transmission of reports and non-compliance with transfer rules.
• Fine 10,000–20,000 lei: for violating the rules regarding the transfer of food.
• Fine 10,000–40,000 lei: for not uploading the plan and reports in the platform, after 6 months from the operation of the platform. It does NOT apply to micro-enterprises and small enterprises for violating art. 2 para. (4).
The fine for not uploading data to the national platform is applied after 6 months from the moment the platform becomes effectively functional for economic operators.
Contraventions are NOT subject to the provisions of art. 28 para. (1) of OG 2/2001 – i.e. half of the minimum fine cannot be paid if it is paid within the first 48 hours.
Exceptions to Penalties for Failure to Upload to the Platform
The 10,000–40,000 lei fine for not uploading the plan/reports to the platform does NOT apply to micro and small businesses.
The exception ONLY covers the obligation to upload to the platform, it does not cover the obligation to publish the plan on its own website (art. 2 par. 5), which is mandatory for ALL operators, including micro-enterprises and SMEs.
The fine is applied after 6 MONTHS from the date on which the platform becomes effectively functional and usable by operators, not from the deadline of March 31.
Check and tick list of companies until March 31, 2026
1. Reporting in the platform / email: Upload the annual plan and the two reports in the national platform by March 31, 2026.
2. Publication on the website: The mitigation plan and reports are published on the company's own website. Mandatory for ALL operators, including micro-enterprises and SMEs;
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3. At least 2 measures from letter a)-f): Document the implementation of at least two preventive measures from the legal hierarchy (lit. af) before any waste neutralization;
4. Framework contract with the receiving operator: Check the existence of the framework contract signed with the receiving operators you work with;
5. Eligibility of receiving operators: Check that the receiving operators are registered in the MADR list and have the registration/sanitary-veterinary authorization document;
6. Internal employee communication: Carry out at least one annual internal communication with employees regarding the objective of reducing food waste;
7. Archiving 3 years: Keep the nominal record of suppliers and beneficiaries for a period of 3 years.
