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Spanish legislation on the labeling of vegetable oils

  • 08/12/2025
  • Posted by: Marta
  • Category: Questions and answers
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Dear Attorney Dongo,

I ask if the new Spanish legislation on vegetable oils requires us to revise the labeling of our products, which are manufactured in several EU countries and also marketed in Spain, and in which these oils (e.g., sunflower, soybean) are used as ingredients.

Thank you very much, Elena

The lawyer Dario Dongo, Ph.D. in international food law, answers

Dear Elena,

The recent reform of Spanish legislation concerns the quality and labelling requirements of a series of edible vegetable oils other than olive oil.

Royal Decree 351 / 2025

Royal Decree 351/2025, issued on April 30, 2025, updates the previous Spanish legislation (Royal Decree 308/1983) regarding the quality of edible vegetable oils derived from oilseeds and oleaginous fruits, other than olive and olive-pomace oils. This provision:

  • authorizes the use of raw materials already banned in Spain but permitted in the European Union, including oils authorized as novel foods (Article 4), as well as the marketing of unrefined vegetable oils and the introduction of optional indications;
  • defines the concept of crude oil, to identify those unfit for human consumption before refining (Article 3.1.a);
  • reaffirms the ban (already introduced by Royal Decree 760/2021) on using the terms "virgin" and "extra virgin" on the labelling of vegetable oils falling within its scope (Article 6.6);
  • introduces the ban, for new production facilities dedicated to such oils, on producing olive or pomace oils (article 7.2);
  • updates the physical-chemical parameters to prevent adulterations and establishes the analysis methods for their verification;
  • aligns labelling and packaging rules with European legislation, introducing, among other things, some new requirements at national level (such as the obligation to designate oils subjected to the relevant processes as "refined" - Article 6);
  • It simplifies national legislation by eliminating health and hygiene aspects already regulated by directly applicable horizontal European regulations.

Scope of application and general requirements

'This standard applies to all edible vegetable oils other than olive oil and olive-pomace oil, products and marketed in Spain, without prejudice to the provisions of the mutual recognition clause contained in the single additional provision'(Article 1 - Scope of).

'The oils covered by this provision must satisfy the physical-chemical composition, quality and organoleptic characteristics set out in Annexes I to IV of this standard and in the specific standards applicable to them.'(Article 5 - General obligations).

Oil labelling requirements

'1. The oils regulated by this regulation will be made available to the final consumer under the following names:
(a) "Oil from… pressing", in the case of oils obtained exclusively by pressing, according to the definition in Article 3, letter b);
b) «Refined oil of…», in the case of oils subjected to refining, as defined in Article 3, letter f). Any vegetable oil that has undergone refining must clearly indicate this in its name.
In all cases, the plant species from which the oil is obtained must be indicated, in accordance with the provisions of Article 4.

2. The blends of vegetable oils:
a) must be indicated as such in the product name. Furthermore, in the event that one of the oils that compose it appears in the sales name or is highlighted on the labelling, in accordance with the provisions of Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, it will be necessary to indicate on the label the percentage amount which the highlighted oil represents in the mixture;
b) will indicate on the label that the oil has been refined when at least one of the oils that compose it has undergone this process. (…)

6. IS forbidden the use of the terms «virgin» or «extra virgin» in the labelling of oils governed by this standard, even if obtained exclusively by mechanical processes'(Article 6 - Specific obligations regarding packaging and labellinga).

Labelling of oils as ingredients in other food products

The document of the Spanish Ministry of Agriculture (2025) – without legal value – containing 'Questions and answers' on the application of Royal Decree 351/2025, at point 2, answers the question 'Does this regulation apply only to vegetable oils packaged as a final product and made available to the consumer, or does it also include those used as ingredients in the preparation of other foods?' in the following terms.

  • 'Article 2 of Royal Decree 351/2025, of April 30, which approves the quality standard for edible vegetable oils, establishes that “This standard applies to all edible vegetable oils other than olive oil and olive-pomace oil, produced and marketed in Spain, […]”, without establishing distinctions based on the intended use of the marketed oil.
  • Furthermore, when using it as an ingredient, it will be necessary to take into account the provisions of Article 18 of Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, which states in paragraph 2 as follows: «The ingredients are indicated with their specific name, in accordance, where appropriate, with the rules laid down in Article 17 and Annex VI"'.

Consequently, products containing the oils covered by Royal Decree 351/2025 – where produced and marketed in Spain – must specify in the list of ingredients whether such oils are «from squeezing» o «refined».

The same document, in the answer to question 6, refers to the various hypotheses of inclusion of one or more vegetable oils in different food products, providing for the possibility of using only the wording «vegetable oils», followed by the indication of their vegetal origin and any wording "in variable proportion", in the sole case of oil mixtures (refined). This method of designating refined vegetable oils is actually provided for in these exact terms by Regulation (EU) No. 1169/11, in Annex VII, Part A.

Transitional rules

The 'Second Transitional Provision. Marketing of Product Inventories.' indicates that 'I products labelled before the entry into force of this regulation, in accordance with the legislation in force up to that time, they will be able to continue to be marketed until stocks run out, up to twelve months later at the latest its entry into force'.

Notification to EU and WTO

Royal Decree 351/2025 has been subjected to the information procedure provided for by Directive (EU) 2015/1535, Technical Regulations Information System (TRIS), by notification 2024/0417/ES. The measure was also submitted to the notification procedure provided for by Article 45 of Regulation (EU) No. 1169/2011, and to the World Trade Organization (WTO), for the purposes of its notification under the Agreement on Technical Barriers to Trade (Technical Barriers to Trade, TBT).

Mutual recognition

The 'Unique additional provision. Mutual recognition clause' provides that:

  • 'Goods lawfully marketed in another Member State of the European Union or in Turkey, or originating in a State of the European Free Trade Association signatory to the Agreement on European Economic Area and legally marketed therein, are considered compliant with this royal decree.
  • The application of this Royal Decree is subject to Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State (…)'.

Regulation (EU) 1169/11, 'vegetable oils'

Il Regulation (EU) 1169/11 It establishes the general requirements for consumer information on food products. The regulatory nature of this measure implies the direct and simultaneous application of its provisions, as translated into the official languages ​​of the Member States, throughout the Single Market.

The Annex VII of the regulation (Indication and designation of ingredients), in Part A (Special provisions relating to the indication of ingredients in decreasing order of weight), at point 8, provides as follows:

  • The «Refined oils of vegetable origin» may be grouped in the list of ingredients under the designation «vegetable oils», immediately followed by a list of indications of the specific plant origin and, where applicable, also by the wording "in variable proportions". If grouped together, vegetable oils are included in the list of ingredients, in accordance with Article 18, paragraph 1, on the basis of the total weight of the vegetable oils present.'.

Conclusions

In light of the provisions of the 'Layout unique additional. Mutual recognition clause', Royal Decree 351/2025 does not apply to products legally produced in other Member States, including those of the European Economic Area and Turkey. Food business operators can therefore market these products in Spain as well, without any obligation to modify existing labels to specify that the vegetable oils used are refined.

Furthermore, the vegetable oils in question are almost always refined, and it is in the operators' interest to highlight on the label the higher value of pressed oils, where the latter are used instead. Therefore, there is no risk of misleading consumers in this regard, and consequently no possible violations of Regulation (EU) No. 1169/11, Articles 7 (Fair Information Practices) And 36 (Requirements applicable to voluntary food information).

Il Regulation (EU) No. 1169/11 in turn it expressly provides for the possibility of designating refined vegetable oils, wherever produced, in the entire Internal Market, in the list of ingredients as «vegetable oils» (Annex VII, Part A, point 8).

Cordially

Dario Dongo

Photo by Susanne Jutzeler, suju-foto : https://www.pexels.com/photo/shallow-focus-photography-of-yellow-sunflower-field-under-sunny-sky-1169084/

References

  • Ministerio de la Presidencia, Justice y Relaciones con las Cortes. (2025, April 30). Royal Decree 351/2025, of 30 April, for which the standard of quality of edible vegetable foods was established (BOE-A-2025-9738). Official Bulletin of the State. https://www.boe.es/diario_boe/txt.php?id=BOE-A-2025-9738
  • Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC, and Commission Regulation (EC) No. 608/2004. Consolidated text: 01/04/2025 http://data.europa.eu/eli/reg/2011/1169/2025-04-01
  • Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 http://data.europa.eu/eli/reg/2019/515/oj

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