In Mallorca, single-use plates, cutlery, cups and trays have been banned for food and drink served inside bars, restaurants and hotels since 20 March 2021 — whatever the material. Take away is different: single-use packaging is still allowed, but it must meet specific material rules, and new EU obligations arrive on 12 February 2027 and 12 February 2028. This guide explains what applies today, what changes next, which materials to choose and what it costs per order.
Table of Contents
- Why packaging rules matter more in Mallorca
- The three layers of law: Balearic, Spanish and European
- What you can and cannot use: product by product
- Choosing compliant take away materials
- Reusable or single-use: what makes sense for your venue
- Estimated cost per take away order
- Common mistakes
- Frequently asked questions
- Visit us or get in touch
Why packaging rules matter more in Mallorca
The Balearic Islands have their own waste law — Law 8/2019 — which is stricter than Spanish and European rules in several points. A restaurant in Palma does not follow exactly the same rules as one in Madrid or Barcelona.
The Balearic rules apply to every business where food and drink are prepared, served and consumed. That includes bars, restaurants, hotels, campsites, nightclubs, cinemas, catered events such as weddings and conferences, boats, vending machines, petrol stations and 24-hour shops.
Inspections happen. Before the law came into force, the Balearic Government ran 137 inspections on plastic bags alone, which led to 78 fines. With take away and delivery now a structural part of many venues’ revenue, choosing the right packaging is a compliance decision, not just a purchasing one.
The three layers of law: Balearic, Spanish and European
A Mallorca restaurant must comply with three sets of rules at the same time. When they differ, the strictest one applies.
| Date | Rule | What it means for a restaurant |
|---|---|---|
| 22 Feb 2019 | Balearic Law 8/2019 | Customers can ask for free non-bottled water. Leftovers to take home must be offered in certified compostable containers (buffets and group menus exempt). |
| 20 Mar 2021 | Balearic Law 8/2019, art. 23 | No single-use utensils (plates, cutlery, cups, straws, trays, boxes, tubs) for food or drink consumed on the premises, whatever the material. Paper napkins and tablecloths are exempt. |
| 3 Jul 2021 | EU Directive 2019/904 (SUP) | Across the EU: no plastic cutlery, plates or straws (including bio-based plastic) and no expanded polystyrene food or drink containers. |
| 1 Jan 2023 | Spanish Law 7/2022, art. 55 | Single-use plastic cups (with lids) and plastic food containers handed to the customer must be charged for and shown separately on the receipt. |
| 12 Feb 2027 | EU Regulation 2025/40 (PPWR), art. 32 | Take away businesses must accept customers’ own clean containers for drinks and ready-prepared food. |
| 12 Feb 2028 | EU Regulation 2025/40, art. 33 | Take away businesses must also offer the option of reusable packaging within a reuse system. |
| 1 Jan 2030 | EU Regulation 2025/40, art. 25 and Annex V | Single-use plastic packaging for food and drink consumed on the premises, and single-portion plastic packaging for condiments, sugar or creamers, are restricted across the EU. |
The Balearic ban on single-use items for on-site consumption is still in force today. Its 2024 amendments only changed the rules on plastic bags.
What you can and cannot use: product by product
The key distinction in Mallorca is where the food is eaten: inside the venue or taken away.
| Product | Eaten or drunk on the premises | Take away and delivery |
|---|---|---|
| Plates | Reusable only | Allowed, but no plastic of any kind (including bio-based) |
| Cutlery | Reusable only | Allowed, but no plastic of any kind — wood or other non-plastic materials |
| Cups and glasses | Reusable only | Allowed. Plastic cups must be charged and shown on the receipt; no expanded polystyrene |
| Straws | Reusable only | Non-plastic and compostable — in practice, compostable paper or cellulose |
| Food boxes, tubs and trays | Reusable only | Allowed, no expanded polystyrene. Plastic food containers must be charged on the receipt |
| Single portions under 200 ml (sauces, sugar, butter, jam, coffee creamer) | Not allowed under Balearic law. Exceptions include olive oil portions, hotel minibar products and amenities | Allowed |
| Paper napkins and tablecloths | Allowed | Allowed |
| Lightweight plastic bags (15–50 microns) | — | Not allowed, including compostable plastic |
| Heavier plastic bags (over 50 microns) | — | Allowed with at least 50% recycled plastic, and must be charged |
| Containers for customers’ leftovers | — | Must be compostable, certified to UNE-EN 13432 |
One further rule matters for events: drinks cannot be served in disposable containers in public facilities such as airports, ports, sports centres or municipal venues, nor at events with public administration involvement. Reusable cups, kegs and returnable glass are the alternative.
Choosing compliant take away materials
The safest take away materials in Mallorca are plant-fibre (bagasse), kraft board, wood and certified compostable paper. Always ask for the UNE-EN 13432 compostability certificate, because “eco” or “biodegradable” on a box proves nothing legally.
| Material | Typical use | Strengths | Watch out for |
|---|---|---|---|
| Bagasse (sugarcane fibre) | Clamshells, plates, bowls | Handles hot and greasy food, microwave-safe, compostable | Can soften with liquid dishes over long delivery times |
| Kraft board | Boxes, bowls, bags | Good presentation, printable for branding | Many have a plastic inner coating; check the specification |
| Wood and bamboo | Cutlery, stirrers, skewers | Non-plastic, accepted for take away | Quality varies; cheap cutlery splinters |
| Compostable paper | Straws, napkins, wraps | Meets the Balearic straw rule | Paper straws soften in long drinks |
| Paper cups with a plastic lining | Coffee and soft drinks | Common and inexpensive | Legally a plastic cup: must be charged and shown on the receipt |
| CPLA or “bioplastic” cutlery | — | — | Still plastic under EU rules: not allowed |
| Aluminium | Hot dishes, oven-ready meals | Recyclable, keeps heat | Not compostable; not suitable for leftovers you hand to customers |
Two checks avoid most problems: confirm the product carries its compostability certificate, and confirm whether it contains any plastic layer. Those two facts decide where it can be used and whether it must be charged.
Reusable or single-use: what makes sense for your venue
Inside the venue, the answer is already decided in Mallorca: reusable tableware only. The real decision is take away, and from February 2028 every take away business will have to offer a reusable option anyway.
- Terraces and beach clubs need reusable items that survive drops, sun and intensive washing — high-quality melamine for plates and polycarbonate or Tritan for glassware are the usual choices.
- Cafés with take away coffee should prepare now for 12 February 2027, when customers’ own cups must be accepted. A simple counter procedure for checking the cup is clean and a rinse point solve most of it.
- Delivery-heavy restaurants will keep using single-use packaging for most orders. The priority is compliant materials and showing the plastic charge correctly on the receipt.
- Event caterers and venues in public facilities already need returnable cups, kegs or reusable glass for drinks.
A reusable cup or box usually costs several times more than a single-use one, so it only pays off when it comes back. Deposit systems, a small discount for returning the container and clear signage are what make the return rate work.
Estimated cost per take away order
Compliant take away packaging typically adds between €0.10 and €2.00 per order, depending on the order size and the presentation level.
| Order type | Typical packaging | Estimated cost per order |
|---|---|---|
| Take away coffee | Paper cup, lid, stirrer | €0.08 – €0.20 |
| Single meal | Bagasse or kraft container, wooden cutlery, napkin | €0.35 – €0.80 |
| Meal for two with sides | 3–4 containers, cutlery, napkins, kraft bag | €0.80 – €1.80 |
| Premium presentation | Printed kraft boxes, branded bag, sauce pots | €1.20 – €2.50 |
Honesty note: these figures are indicative and vary with order volume, supplier, branding and the exact format chosen. They are a starting point for pricing your menu, not a fixed quote — we always recommend reviewing your take away range with a specialist before ordering.
Because plastic cups and plastic food containers must be charged separately on the receipt, many venues set a small fixed packaging fee per item. The law does not set a price; each business decides it.
Common mistakes
- Using take away packaging for customers eating at the terrace or bar. In Mallorca this counts as on-site consumption, where single-use items are not allowed.
- Buying “biodegradable” or CPLA cutlery thinking it is compliant. Bio-based plastic is still plastic under EU rules.
- Serving sauce, sugar or butter sachets at the table. Balearic law already restricts single portions for on-site consumption.
- Not showing the plastic cup or container charge on the receipt, which Spanish law has required since January 2023.
- Giving customers their leftovers in a non-compostable container.
- Charging customers for a glass of tap water. Non-bottled water must be offered free of charge.
- Waiting until 2027 to prepare for customers’ own cups and containers, then improvising a hygiene procedure during high season.
Frequently asked questions
Can a restaurant in Mallorca use disposable plates or cups for customers eating inside? No. Since 20 March 2021, Balearic Law 8/2019 bans single-use plates, cutlery, cups, straws, trays and similar items for food and drink consumed on the premises, regardless of the material. Paper napkins and tablecloths are the only exception.
Is single-use packaging allowed for take away in Mallorca? Yes. Single-use packaging can be used for take away and delivery, as long as it is not made of expanded polystyrene, plates and cutlery contain no plastic of any kind, and straws are compostable.
Do I have to charge for take away cups? Yes, if they are plastic — and most paper cups have a plastic lining. Since 1 January 2023, Spanish Law 7/2022 requires single-use plastic cups and plastic food containers to be charged and shown separately on the receipt. The business sets the amount.
Are sauce sachets and sugar sticks allowed in Mallorca restaurants? Not for customers eating on the premises: Balearic law restricts single portions under 200 ml. Olive oil portions, hotel minibar products and amenities are exempt, and single portions are allowed for take away.
Do restaurants in Mallorca have to serve free tap water? Yes. Customers have the right to ask for non-bottled water free of charge, under both Balearic Law 8/2019 and Spanish Law 7/2022.
Can customers take their leftovers home? Yes, and the venue must offer a certified compostable container (UNE-EN 13432). Buffets and group menus are exempt.
What changes in February 2027? From 12 February 2027, under EU Regulation 2025/40, take away businesses must accept customers’ own clean containers for drinks and ready-prepared food. From 12 February 2028, they must also offer a reusable packaging option.
How do I know a product is really compostable? Ask for the UNE-EN 13432 certificate. It confirms that every component — material, inks, labels and adhesives — composts in industrial conditions. “OK compost HOME” certifies home compostability.
What happens if I don’t separate waste correctly? Failing to separate waste at source is a minor infringement under Balearic law, with fines of up to €900, or up to €9,000 for hazardous waste.
This article offers general guidance based on the regulations in force in October 2026. It is not legal advice: each business should confirm its specific obligations with the competent authority or its advisor, as rules and official interpretations can change.
Cited sources
- Government of the Balearic Islands, Directorate-General for Waste — FAQ on Balearic Waste Law 8/2019 for the HORECA sector
- Balearic Law 8/2019, art. 23 — consolidated text on single-use products
- Spanish Ministry for the Ecological Transition (MITECO) — note on charging for single-use plastic cups and containers under Law 7/2022
- Spanish Consumer Affairs portal — free tap water in hospitality under Law 7/2022
- EUR-Lex — Regulation (EU) 2025/40 on packaging and packaging waste
Visit us or get in touch
With over 25 years of experience, Asepsia supplies hospitality, restaurant and catering professionals across all of Mallorca with take away and single-use packaging, tableware, kitchen equipment, textiles and professional cleaning products — with island-wide delivery.
Cash & Carry Gremi Sabaters, 35 — Polígono Son Castelló, Palma
Opening Hours Monday to Friday: 8:00 AM – 6:00 PM · Saturdays: 9:00 AM – 1:00 PM
Contact Email: comercial@asepsia.net · Tel. 616 287 425 · Tel. 971 684 872
Catalogues Browse our full product catalogues here:
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Author: Angel Tejerina Coll, Managing Director of Asepsia
