Establish measures to improve the functioning of the food chain for the achievement of certain purposes, such as increasing the efficiency and competitiveness of the agri-food sector and achieving greater balance and transparency in trade relations.

Art. 1

It aims, among others, to increase the efficiency and competitiveness of the food sector; to improve the functioning and structuring of the food sector. food chain; achieve greater balance and transparency in trade relations between the different operators; strengthen the production sector; contribute to guaranteeing the rights of the consumer in relation to information; and promote the generalization of the culture of sustainability in the food chain.

Art. 3

The content of the relations regulated by Law 12/2013, of August 2, is subject to the regulations of defense of competition, without prejudice to the provisions of Community regulations.

Art. 7

Law 12/2013, of August 2, applies to the commercial relations that occur between the operators established in Spain who are involved in the food chain from production to distribution of agricultural or food products.

Art. 2.1

Law 12/2013, of August 2, will also apply to commercial relations between any of the operators who intervene in food chain where one is established in Spain and the other in a Member State, where the legislation of another Member State does not apply.

Art. 2.1

Yes, this end should be included in the food contract.

Art. 2.1

Yes, yes. Regardless of the legislation that the parties have designated, the prohibitions contained in article 14 bis of Law 12/2013, of 2 August, will always apply.

Art. 2.1

Yes; product deliveries to cooperatives and others are excluded from its scope associative entitieson the part of their members, provided that, by virtue of their statutes, they are obliged to carry them out.

Art. 2.2

Agricultural and food products, which are the products listed in Annex I to the Treaty on the Functioning of the European Union, as well as any other substance or product intended or likely to be ingested by human beings, whether or not they have been processed, in whole or in part.

Art. 5.e)

Annex I to the Treaty on the Functioning of the European Union

Yes, they are included in the scope of application of Law 12/2013, of 2 August.

Art. 5.e)

It is the set of activities carried out by the different operators which are involved in the production, processing and distribution of agricultural and food products.

Art. 5.a)

Transport activities and catering companies with a turnover of less than EUR 10 million are excluded from the Act, and companies with a turnover of less than EUR 50 million are also excluded from the Act.

Art. 5.a)

All the agricultural, livestock, forestry and fishing production sectors, as well as those for the transformation and distribution of their products.

Art. 5.b)

It is the natural or legal person of food sector, including a group, central or joint buying or selling company, which carries out any economic activity in the field of food chain.

Art. 5.c)

End consumers do not have the status of food chain operators.

Art. 5.c)

The natural or legal person whose activity is exercised in agricultural, livestock, forestry or fishing production.

Art. 5.d)

They are the products listed in the Annex I the Treaty on the Functioning of the European Union, as well as any other substance or product intended or likely to be ingested by human beings, whether or not they have been processed, in whole or in part.

Art. 5.e)

Annex I to the Treaty on the Functioning of the European Union

It is the one in which one of the parties is obligated against the other to the sale of agricultural or food products, and this is obligated for a certain price, whether it is a sale or a supply on a continuous basis.

Art. 5.f)

It is that form of food contract in which one of the parties, called integrator, is obliged against the other party, called integrated, to provide all or part of the products, raw materials and inputs necessary for the production object of the contract, as well as, where appropriate, to exercise technical direction and to take charge of the production at the end of the production cycle.

Art. 5.g)

The integrated is obligated against the integrator, to provide the land, spaces and facilities, as well as the complementary means and services that are necessary to complete the production and once it has been obtained, to be delivered to the integrator.

Art. 5.g)

It is a set of technical knowledge that is not in the public domain, which refers to the nature, characteristics or purposes of a product, the methods or processes for its production, or the means or forms for its distribution or marketing, and whose knowledge is necessary for the manufacture or marketing of the product.

Art. 5.h)

They are the stages of production, transformation and distribution of a food or food product that fall within the normal forecasts.

Art. 5.i)

Any natural or legal person who sells agricultural and food products; may include a group of such natural and legal persons, including producer organisations, supplier organisations and associations of such organisations.

Art. 5.j)

Agricultural and food products that by their nature or by the stage of transformation in which they are found could cease to be suitable for sale or require conservation in conditions of regulated temperature within 30 days after their collection, production or transformation.

Art. 5.k)

Any natural or legal person who buys agricultural and food products. It may cover a group of such natural and legal persons.

Art. 5.l)

Those referred to in Law 1/2019, of February 20, on Business Secrets.

Art. 5.n)

First, second and subsequent cooperative societies; agricultural processing societies; producer organizations and civil or commercial entities, provided that more than 50 per cent of their share capital belongs to cooperative societies, producer organizations or agricultural processing societies.

Art. 5.ñ)

It is the total costs assumed by the supplier, which will include all the costs assumed to carry out its activity.

Art. 5.)

Yes, provided that the price of commercial transactions is higher than 1,000 euros or its countervalue in foreign currency.

Art. 2.4

Yes, when the payment of the price is made in cash against the delivery of the food products, it will not be necessary to sign a food contract, having to comply with the rules on billing.

Art. 8.3

In this case, it will be understood that the obligation of the parties to document such commercial relations through the issuance of the corresponding invoice, with the legal requirements established and to fill in the remaining documentation provided in the regulations.

Art. 2.5

Food contracts must be concluded in writing, signed by each of the parties involved, and their drafting will be based on the principles of transparency, clarity, concreteness and simplicity.

Art. 8.1

The formalization must be carried out before the start of the services that have their origin in them, being able to be carried out by electronic signature, being in the possession of each of the parties a copy.

Art. 8.1

In the event that a partner delivers the production to a cooperative, or to another associative entity, it will be necessary to formalize in writing an individualized food contract, with the same minimum elements as for the other food contracts.

However, in the event that the statutes or agreements of the cooperative or the associative entity establish, before the delivery is made, the procedure of determining the value of the product delivered by its partners and the liquidation schedule and these are known to the partners, it will not be necessary to perform a food contract.

Art. 8.1

The integrating commercial entities that carry out the activity described in section 3.7 of article 4 of Order APA/860/2024, of 7 August, extending the agreement of the Interprofessional Organization of Spanish Olive Oil to the sector as a whole, packaging bulk oil from integrated oil mills, will not have to conclude a food contract with them, provided that these requirements are met:

• That the integrator complies with the definition of “Associative Entity” contained in article 5 ñ) of Law 12/2013, of August 2, on measures to improve the functioning of the food chain, that is, provided that more than 50% of its social capital belongs to cooperative societies, producer organizations or agricultural transformation societies. Deliveries of products made within the framework of inter-cooperative agreements will have the status of “partner deliveries”.
• That the statutes of the integrating entity establish, before the delivery takes place, the procedure for determining the value of the oil delivered by the integrated oil mills and the liquidation schedule and these are known to them. To this end, there must be a reliable communication to the interested parties, which will be included in the agreement and will be approved by the corresponding governing body.

In this case, and in accordance with article 2.2 of Law 12/2013, of 2 August, oil deliveries to the integrator, provided that it can be considered an associative entity, are excluded from the scope of application if, by virtue of their statutes, they are obliged to carry them out.

Food contracts must contain at least the following extremes:

1. Identification of the contracting parties.
2. The object of the contract.
3. The price of the food contract.
4. The terms of payment.
5. The conditions of delivery and availability of the products.
6. The rights and obligations of the contracting parties.
7. The information to be provided by the parties.
8. The duration of the contract, the date of entry into force, conditions of renewal and modification.
9. The causes, formalization and effects of the termination of the contract.
10. The mechanisms of conciliation and conflict resolution.
11. The penalties for non-compliances.
12. Exceptions due to force majeure.

Art. 9.1

The price must necessarily indicate all payments, including applicable discounts, which will be determined in a fixed and/or variable amount, based only on objective, verifiable, non-manipulable factors expressly established in the contract, which in no case can be manipulated by the operator himself or others. operators of the sector or refer to participating prices.

Art. 9.1.c)

The price of the food contract to be paid by a primary producer or a group of primary producers must, in any case, be higher than the total costs incurred by the producer or the actual cost of production, which shall include all costs incurred in carrying out its activity, including the cost of seeds and nursery plants, fertilisers, plant protection, pesticides, fuels and energy, machinery, repairs, irrigation costs, animal feed, veterinary expenses, repayments, interest on loans and financial products, jobs contracted and salaried labour or contributed by the producer himself or by members of his family unit.

Art. 9.1.c)

The determination of the effective cost shall be made on the basis of the total production marketed for all or part of the economic or production cycle, which shall be imputed in the manner in which the supplier considers that it is best suited to the quality and characteristics of the products covered by each contract.

Art. 9.1.c)

No, it’s not true. There are several ways to pay a higher market-based price to suppliers:

• First of all, a modification of the food contract can be signed with a new price. The food contracts must contain the corresponding clauses in which the procedure for their possible modification is foreseen. The new price must be signed by the parties and may only affect deliveries that occur from the moment in which it has been agreed.
• Secondly, a variable price can be signed from the beginning, which allows the final price to be calculated with a formula that is a function of factors that reflect the variations, upward or downward, of the market, of the production costs or of other factors that affect the final price such as climatic factors. The formula must appear in the contract, along with all the specifications necessary to calculate how much the supplier will eventually charge.

In any case, as the law says, the factors on which the formula depends must comply with the following:

• be objective,
• be verifiable,
• they cannot be manipulable,
• They must be expressly established in the contract.

On the other hand, the final value achieved by these factors (e.g. the value of a benchmark or yield) must be known in a way that allows the product to be paid on time.

In any case, the formula used to calculate the final price must be clear and easy to understand, so that the supplier can calculate the price and there is no doubt about how much he will charge for his product.

In accordance with the first additional provision of Law 15/2010, of July 5, the postponements of payment of fresh and perishable food products will in no case exceed 30 days from the date of delivery of the goods. For their part, in the case of food products that are not fresh or perishable, the postponements of payment will in no case exceed 60 days from the date of delivery of the goods.

Art. 9.1.d)

The annual trade negotiations shall be closed and signed by the intervening companies within a reasonable period of time, not exceeding three months from the beginning, for the organization of activities, without the undue delay of those activities attributable to one party being able to be used to weaken the position of the other in such negotiations. For this purpose, an e-mail with proof of receipt by the other operator shall be deemed sufficient to document the start date.

Art. 9 bis

Yes; in the terms established by the rules on the information society among its participants. The organisation of electronic auctions will be subject to the principles of transparency, free access and non-discrimination.

Art. 10

Los operators de la food chain they must keep all correspondence, documentation and supporting documents, in electronic or paper format, related to the food contracts they conclude within the framework of the provisions of Law 12/2013, for a period of four years.

Art. 11

The operator who buys the primary producers and their groups shall be obliged to enter in the Register of Food Contracts each food contract that he makes, as well as its modifications, before the delivery of the product that is the subject of the contract.

Art. 11 bis

Frequently Asked Questions about RCA

Law 12/2013, of August 2, prohibits the modifications of the contractual conditions established in the food contract, unless they are carried out by mutual agreement of the parties and in accordance with the guiding principles contained in article 4, that is to say balance, fair reciprocity between the parties, freedom of pacts and good faith coma and mutual interest, fair distribution of risks and responsibilities, cooperation, transparency and respect for free competition in the market.

Art. 12. 1

Yes, as established in article 9.1. (h) of the Law.

Art. 9.1.h)

Law 12/2013 prohibits additional payments, on the agreed price, unless they refer to the reasonable risk of referencing a new product or the partial financing of a commercial promotion of a product reflected in the unit price of sale to the public and have been agreed and expressly included in the corresponding contract formalized in writing, together with the description of the counterbenefits to which said payments are associated.

Art. 12.2

The launch and development of promotions agreed between suppliers and buyers must be based on the principles of agreement and freedom of agreement; of mutual interest, as well as flexibility to adapt to the particular circumstances of the different parties. operators.

Art. 12 bis.1

The pacts on commercial promotions, which must have the explicit agreement of both parties, will include the aspects that define the agreed promotion: the deadlines (start and end dates), the prices of cession, the volumes and those other issues that are of interest, as well as the aspects of the promotion related to the procedure, the type, the development, the geographical coverage and the evaluation of the result of this.

Art. 12 bis.2

It will not be agreed to carry out promotional activities that mislead the consumer about the real price and image of food and food products, which could harm the consumer's perception about the quality or value of them.

Art. 12 bis.3

In order to avoid the destruction of value in the food chaineach operator must pay the immediately preceding operator a price equal to or higher than the cost of production of that product actually incurred or assumed by that operator.

Art. 12 ter.1

To protect the marketing capacity of primary producers, the operators if they make the final sale of food or foodstuffs to consumers, they may not apply or offer a sale price to the public lower than the actual purchase price of the same. Failure to comply with the above will be considered an unfair sale and may be punished. Sales at a loss to the public of perishable foods that are close to being rendered unusable shall not be regarded as unfair, provided that clear information on this is provided to consumers. Joint offers or gifts to buyers may not be used as a way of evading previous obligations.

Art. 12 ter. 2, 3 and 4

No, the operator who makes the final sale of the product to the consumer can under no circumstances pass on any of the operators prior to their business risk arising from their commercial policy in terms of prices offered to the public.

Art. 12 ter.5

In no case may an operator demand from another operator of the chain any means of obtaining, using or disclosing business secrets, unless this is stated in the written contract in accordance with the provisions of the previous section.

Art. 13.2

The business secrets obtained in the process of negotiation or execution of a food contract will be destined exclusively for the purposes for which they were provided, respecting at all times the confidentiality of the information transmitted or stored.

Art. 13.3

The criteria for category management will have to be predetermined and will avoid unfair treatment, such as the exploitation by a company of the situation of economic dependence in which its client companies or suppliers may find themselves.

Art. 14.1

With regard to the management of brands of products offered to the consumer, both their own and those of others, the operators they must prevent practices that are contrary to free competition or that constitute acts of unfair competition in accordance with the provisions of Law 15/2007, of 3 July, on Protection of Competition, and Law 3/1991, of 10 January, on Unfair Competition, as well as illegal advertising acts in accordance with Law 34/1988, of 11 November, General of Advertising.

Art. 14.1

The improper use by an operator and for the own benefit of the business initiative of others, as well as those that constitute illegal advertising because they are considered unfair through the use, either in the packaging, in the presentation or in the advertising of the product or service, is prohibited by Law 12/2013, of 2 August.

Art. 14.2

The following unfair commercial practices are prohibited:

1. Postponements of payment of agricultural or food products that exceed the legally established time.
2. That one of the parties to the business relationship cancels an order for perishable agricultural and food products within 30 days prior to the time indicated for delivery by the seller.
3. That one of the parties to the food contract unilaterally modifies the terms of the contract for the supply of agricultural and food products.
4. That one of the parties to the business relationship requires the other, payments that are not related to the sale of the supplier’s agricultural or food products.
5. The buyer requires the supplier to pay for the deterioration or loss of agricultural and food products, occurring on the buyer’s premises or when the property has already been transferred to the buyer.
6. That one of the parties to the food contract refuses to confirm in writing the terms of a purchase/sale or supply contract.
7. That one of the parties to the business relationship illegally acquires, uses or discloses the other party’s business secrets.
8. That one of the parties to the commercial relationship threatens to carry out acts of commercial retaliation against the other party.
9. That the buyer transfers to the supplier the expenses arising from studying the claims of the customers relating to the sale of the products of the supplier.

Art. 14 bis. 1

The following commercial practices are also prohibited, unless the parties have previously agreed clearly and unambiguously on the food contract:

1. That a payment is charged to one of the parties as a condition for storage, exhibition or inclusion in a list with the references of their products.
2. That one of the parties requires the other to assume totally or partially the cost of those discounts of agricultural and food products sold as part of a promotion.
3. That one of the parties requires the other to pay for the advertising of products carried out by the other.
4. That one of the parties requires the other to pay for the marketing of agricultural and food products.
5. That one of the parties charges the other for the conditioning personnel of the premises used for the sale of the products.
6. The buyer returns unsold agricultural and food products to the supplier without paying for these unsold products, or their disposal, or both.

Art. 14 Bis.2

For the purposes of Law 12/2013, of August 2, are considered minor, serious and very serious administrative infractions, which are typified in article 23.

Art. 22.1

The investigation of criminal cases before the Courts of Justice or the opening of a file of infringement of the rules of defense of jurisdiction will suspend the processing of the administrative sanctioning file that has been initiated for the same events.

Art. 22.2

Yes, they are applicable.

Art. 22.3

Persons who have or have the obligation to have information or documentation that could contribute to the clarification of the commission of the infractions typified in Law 12/2013, of 2 August have the duty to collaborate with the competent authorities. Failure to do so may constitute an infringement.

Art. 22.5

The competent authority may agree and execute the provisional measures it deems necessary to ensure the effectiveness of the resolution that may fall in case it detects clear indications of violation of any of the precepts regulated in Law 12/2013, of 2 August.

Art. 22.6

The associations and representative organizations of operators who intervene in food chain they will be holders of collective legitimate interests under the terms of Article 4 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.

Art. 22.7

It is presumed, unless proven otherwise, that the buyer is the author of these infractions.

Art. 23.4

The sanctioning procedure that must be initiated on the occasion of the infractions included in Law 12/2013, of 2 August will comply with the provisions of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, with the following exceptions:

1. In the sanctioning procedures whose instruction corresponds to AICA, the maximum period for resolving the sanctioning procedure and notifying the express resolution of the same will be ten months.
2. Administrative acts to be notified to an operator who does not have an establishment in Spain shall be carried out in the language corresponding to the State in which the operator has its principal place of business.

Art. 23.6

Very serious infringements shall be prescribed at the age of five, serious infringements at the age of three and minor infringements at the age of one year. The start of the prescription shall be calculated from the day on which the offence was committed or, in the case of offences relating to formalisation and extremes to be contained in food contracts, from the moment of the end of the benefits arising from them.

Art. 23.7

The authority that resolves the sanctioning administrative file may also agree to put an end to the prohibited commercial practice.

Art. 24.2

Penalties shall be specially calculated according to the degree of intentionality or the nature of the damage caused and taking into account the economic and social significance of the infringements committed, the desire to take advantage of competitive advantages against another subject in the sector, the profit obtained from the infringing action and the prior commission of one or more infringements, where re-offending is not applicable.

Art. 25.1

These are minor infringements:

1. Do not include the extremes that food contracts must contain at least, unless it is classified as serious.
2. Make modifications to the contractual conditions that are not expressly agreed by the parties, unless it is classified as serious.
3. Failure to comply with document retention obligations.
4. Provide, incompletely or outside the indicated time limit, the information required by the competent authority in the exercise of its functions.
5. Cancel, by either party, an order for perishable agricultural and food products within thirty days prior to the time indicated for delivery by the seller.
6. That the cooperative or the associative entity does not comply with the conditions and requirements foreseen for not formalizing the food contracts.
7. Demand that the supplier pay for the deterioration or loss of products, occurring in the premises of the buyer or when the property has already been transferred to the buyer.
8. Refusing to confirm in writing, by the buyer, the terms of a sales or supply contract that were agreed.
9. Demand compensation, from the buyer to the supplier, for the expenses derived from studying the claims of the customers.
10. Failure to comply with the obligation to register food contracts.
11. Not to comply with the conditions and requirements established for the conduct of electronic auctions.
12. Failure to comply with the obligations relating to promotional pacts.

Art. 23.1

Without prejudice to the provisions of Article 14a(2), serious infringements are:

1. The second or subsequent minor offence involving a repeat offence with another minor offence committed within two years, counted from the date of the sanction by final administrative decision of the first of them.
2. Do not formalise food contracts in writing.
3. Do not incorporate the price into the food contract.
4. Make modifications to the price, object, payment terms or conditions of delivery and provision of the products included in the contract that are not expressly agreed by the parties.
5. Carry out promotional activities that do not comply with Law 12/2013, of August 2.
6. Failure to comply with the obligations of Article 12ter to prevent the destruction of value in the food chain.
7. Failure to comply with payment deadlines in commercial operations.
8. The resistance, obstruction, excuse or refusal to the actions of the Administration, which includes, among others, the following conduct: not to facilitate the examination of commercial documentation, not to meet the requirements, nonappearance, except justified cause, in the place and time that has been indicated; deny or prevent the entry or stay in farms or premises to the acting officials or the recognition of the premises or facilities related to Law 12/2013, of 2 August; and coercion to the officials of the acting Administration.
9. In the case of deliveries of a partner to a cooperative or an associative entity that take advantage of the possibility provided in the second paragraph of article 8.1 of Law 12/2013 not to formalize in writing a contract, that the cooperative or the associative entity does not comply with the requirement that the statutes or agreements of the cooperative or the associative entity establish, before the delivery is made, the procedure of determining the value of the product delivered by its partners.
10. In the case of deliveries of milk from a producer to a cooperative or SAT of which it is a member, that the cooperative or SAT does not incorporate in the statutes or cooperative agreements provided for in the dairy contracting regulations for the purpose of not requiring a contract, the price to be paid for the milk supply.
11. Require additional payments or assumption of costs, over the price agreed in the food contract, except in the cases provided in this law.
12. Acquire, use, demand or disclose trade secrets of the other party illegally, within the meaning of Law 1/2019, of February 20, on Business Secrets, or sensitive trade information of other operators that has been obtained in the process of negotiation or execution of a food contract, in breach of the duty of confidentiality, as well as use such information for purposes other than those expressly agreed in the food contract.
13. Cancel, by either party, an order for perishable agricultural and food products within 10 days prior to the time indicated for delivery by the seller.
14. To threaten to carry out acts of commercial reprisal against the other party to the commercial relationship, when the latter exercises its contractual or legal rights, including filing a complaint or cooperating with the authorities responsible for investigating the alleged facts. They will also constitute acts of commercial retaliation, threatening or carrying out the total or partial interruption of the supply or purchase of agricultural or food products in a continuing contract, before the exercise of contractual or legal rights.
15. Return, by the buyer, unsold agricultural and food products to the supplier without paying for these unsold products, or their disposal, or both.
16. Not to conclude food contracts, before the delivery is made, in the case of deliveries of a partner to a cooperative or an associative entity, in which the provisions of article 2.2 are not fulfilled so that such deliveries do not have the consideration of commercial relations and are excluded from the scope of application of the law.
17. Failure to comply with trademark management obligations in accordance with the provisions of article 14 of this law.
18. That the buyer demands or transfers to the supplier the risks and expenses arising from the opening of sanctioning files or claims relating to the products under the distributor’s own brand manufactured by the supplier.

Art. 23.2

The second or subsequent serious offence involving a repeat offence with another serious offence committed within two years, counted from the date of the final administrative decision of the first offence, is considered to be very serious offences.

Art. 23.3

Food contracting infringements will be punished with fines according to the following graduation:

1. Minor infractions, between 250 euros and 3,000 euros.
2. Serious infringements, between 3,001 euros and 100,000 euros.
3. Very serious infringements, between 100.001 and 1.000.000 euros.

In any case, the commission of the offences established may not be more beneficial to the offender than compliance with the rules infringed so that the final amount of the financial penalties imposed may not be less than the economic benefit obtained by the offender.

Art. 24.1

The public administration competent to impose the sanctions shall publish, on a quarterly basis, the sanctions imposed for serious and very serious breaches in the field of food procurement that have acquired firmness through administrative channels or, in the case of an administrative appeal, through judicial channels.

Art. 24 bis

The publicity of the same will include the identification of the offender, the sanction imposed and the sanctioned infringement.

Art. 24 bis

This publicity will be given through the website of the Food Information and Control Agency, O.A.

Art. 24 bis

Publicity of sanctions

In the following cases:

1. When the contracting parties have their respective main social headquarters in different Autonomous Communities.
2. When the contract affects an area superior to that of an Autonomous Community due to the foreseeable traceability of the majority of the food or food product object of the contract.
3. When one of the parties to the food contract does not have its main registered office in Spain.

Art. 26.1

It will be up to the competent bodies of the Autonomous Communities to exercise the sanctioning power provided for in Law 12/2013, of 2 August in the remaining cases.

Art. 26.2

The following bodies shall be competent for the imposition of sanctions in the area of food contracting within the General Administration of the State:

1. The Director of the Food Information and Control Agency, O.A., when the total amount of the sanction proposed by the investigator of the file does not exceed 100,000 euros.
2. The Secretary General of Agriculture and Food, when this amount exceeds 100,000 euros and does not exceed 300,000 euros.
3. The Minister of Agriculture, Fisheries and Food, when this amount exceeds 300,000 euros and does not exceed 600,000 euros.
4. The Council of Ministers, when this amount exceeds 600,000 euros.

Art. 26.3

Within the scope of the competences corresponding to the General Administration of the State, the Enforcement Authority that will act as a point of contact for cooperation both between enforcement authorities and with the Commission, in charge of establishing and developing the control regime necessary to verify compliance with the provisions of Law 12/2013, of 2 August at the national level is the Food Information and Control Agency, O.A.

Art. 28.1

The autonomous communities, in accordance with their Statutes of Autonomy and within the framework of their competences, will designate authorities responsible for monitoring compliance with the provisions of Law 12/2013, of 2 August in their territories, which will have, at least, the functions that this Law attributes to the Food Information and Control Agency, O.A., in terms of monitoring compliance with the provisions of Law 12/2013, of 2 August in the scope of the competences of the autonomous communities.

Enforcement authorities

Art. 28.2

The Food Information and Control Agency, O.A.

Art. 28.3

The implementing authorities will meet at least once a year to examine the application of Law 12/2013, of 2 August, within the Cooperation Committee of the implementing authorities.

Art. 28.4

The implementing authorities will discuss best practices, new cases and developments in the area of unfair commercial practices in the agricultural and food supply chain, as well as the exchange of information, in particular on the implementation of the measures they have adopted in accordance with Law 12/2013 of 2 August 2013 and their enforcement practices.

Art. 28.5

The competent Public Administration shall take all necessary measures to protect the identity of the complainants at all times, as well as for the adequate protection of any other information whose disclosure the complainant considers to be harmful to his interests, or in the case of associations for those of its members or for that of the suppliers.

The complainant shall indicate which information is confidential and which is not, any information on which no express indication has been made being presumed confidential.
At any time during the proceedings, it may be ordered, ex officio or at the request of a party, that the data or documents considered confidential be kept secret, forming a separate piece with them.

The protection of the identity of the complainant must be guaranteed both during the administrative procedure and, where appropriate, during the judicial procedure. In the latter case, the Food Information and Control Agency or the equivalent autonomous body, as the case may be, will act on its behalf and representation, if necessary to protect the identity of the complainant and provided that this representation does not imply defencelessness or breach of the principle of equality of arms.

Art. 29.1

The enforcement authority that receives the complaint shall inform the complainant, within one month of the filing of the complaint, of the actions to be taken to address the complaint. Where the enforcement authority considers that there are not sufficient grounds to file a sanctioning administrative file in respect of the complaint lodged, it shall inform the complainant, within nine months of the lodging of the complaint, of the grounds for filing the complaint.

Art. 29.4

The complainants have the right, unless expressly stated otherwise, to:

1. Receive an acknowledgement of receipt of the complaint to the complainant within seven days of receipt.
2. Know the status of the processing of your complaint.
3. Know the status of the implementation of the actions reported by the executing authority.
4. Be notified of the procedures carried out and the resolutions agreed upon regarding the complaint.

Art. 29.5

It is an autonomous body created by Law 12/2013, of 2 August, attached, through the General Secretariat of Agriculture and Food, to the Ministry of Agriculture, Fisheries and Food.

First additional provision. 1

They are as follows:

1. The management of the information and control systems of the olive, dairy and other markets that are determined by regulations.
2. Monitoring compliance with the provisions of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain.

First additional provision. 5

The Food Information and Control Agency O.A performs the following functions:

1. Manage and maintain the information systems of the olive markets (olive oils and table olives), wine and dairy.
2. Exercise the competences as a national execution authority.
3. Carry out the necessary tasks as a point of contact for cooperation between the implementing authorities, as well as with the European Commission.
4. Initiate and instruct, in accordance with its own regime, the sanctioning files for non-compliance in the payment of mandatory contributions to interprofessional or producer organizations, in the sectors of olive oil, table olives, dairy and wine.
5. Establish and develop, within the scope of the competences attributed to it by Law 12/2013, of August 2, the General Administration of the State, the control regime necessary to verify compliance with the provisions of the same.
6. Carry out the appropriate checks of the complaints for breaches of the provisions of Law 12/2013, of 2 August, that are presented to them and instruct the corresponding sanctioning procedure.
7. Initiate ex officio the appropriate sanctioning procedure for irregularities found in the exercise of their functions that imply breaches of the provisions of Law 12/2013, of 2 August.
8. Collaborate with the Observatory of the Food chain.
9. Establish collaborative relationships with other bodies of the Public Administration.
10. Collaborate with sectoral, producer and interprofessional organizations related to the matters of their competence.
11. Exercise certain actions contemplated in Law 3/1991, of January 10, on Unfair Competition, when the interests of operators de la food chain.
12. Any other functions that are legally attributed to him for the fulfillment of his general purposes.

First additional provision. 6

The control and inspection actions carried out by the Food Information and Control Agency O.A will be carried out by public officials who, in the exercise of their functions, will have the status of agents of the authority.

First additional provision. 7

They shall have the following powers:

1. Access to any premises, land, installation or means of transport used by the natural or legal persons under control.
2. Verify the stocks of its warehouses, the products obtained, the processes they apply and the facilities, machinery and equipment used.
3. Access to books and documents related to the activity of the entity, whatever its material support.
4. Retain books or documents for a maximum period of five days.
5. Seal stores, facilities, warehouses, equipment, vehicles, books or documents and other property of the entity for the time and to the extent necessary for inspection.
6. Require any representative or member of staff in the service of the person under control, such explanations as they deem necessary about the activities they carry out.
7. Take samples of raw materials, intermediate and finished products to determine their composition and characteristics.
8. To draw up a report that reflects the actions carried out, the information required and the information obtained and the facts established

The exercise of the powers described in letters a) and e) will require the prior express consent of the affected person or, failing that, the corresponding judicial authorization.

First additional provision. 8

The minutes drawn up by the inspectors of the Food Information and Control Agency O.A. shall be of the nature of a public document and, unless proven otherwise, shall be evidence of the facts contained therein.

First additional provision. 7

All those who take part in the actions of control, inspection or processing of the sanctioning files must keep secret about the facts and any information of a confidential nature that has been known. Likewise, those who knew them by reason of profession, position or intervention as a party, even after they ceased to hold office, shall be kept secret from such actions.

First additional provision. 10

Any natural or legal person is subject to the duty of collaboration with the Food Information and Control Agency O.A and is obliged to provide, at the request of the latter and in time, any type of data and information that is available and that may be necessary for the purpose and purpose of the inspection.

This period shall be ten days, unless, by the nature of the request and the circumstances of the case, a different period is established on a reasoned basis.

Failure to comply with these obligations may constitute an infringement.

First additional provision. 10