In March 2019, a new revision of the Guide to the General Sanitary Registry of Food and Food Companies (RGSEAA) was published by the Spanish Agency for Food Safety and Nutrition (AESAN). This guide, as well as all its previous versions, aims to facilitate the classification and registration of food companies and / or establishments for their registration in said Registry.
It contains certain specifications on points already defined previously, or the introduction of some more novel ones that help operators in the sector to better understand all its characteristics.
The classification of food companies in the Health Registry may not be as clear as the operators of the food sector would wish, given that there are so many different circumstances that could occur in the different keys and categories of activity that exist for their classification, as well as the large number of varied products that can be the object of activity of these companies.
Within this guide, and in the previous ones that have been published so far, among others, the exemptions for certain activities or companies that operate in the food sector are established so as not to have to register in the General Sanitary Registry of Food and Food Companies.
There are three situations in which this exemption can occur:
1. On-site sales companies to the final consumer.
This is the case for example of bakeries, sale of delicatessen products, fresh meats for street vendors, etc.
It is allowed that in addition to making the sale, previous transformations are made in the products, for example, cooking or baking in bakery products.
The central establishment that supplies the products to these points of sale does have to register in the General Health Registry, as it does not sell directly to the final consumer, and therefore it is not a retail sale.
2. Companies that prepare, sell and serve for consumption on the premises.
This is the case of bars, restaurants, cafes, fast food chains for local consumption with or without home delivery, and facilities of community centers or facilities where events are held.
In the case of community facilities (residences, schools, universities, etc.), if the service is maintained by center workers, a Sanitary Registry will not be necessary, but if it is a catering company without its own facilities or the manufacturing company of prepared meals is contracted by the center, these must be registered in the Health Registry.
3. Commercial activities between retail trade establishments.
This is the case for example of the bakery that serves bread to the school, or the fast food restaurant where food is consumed on site, the pastry shop that serves the cafeteria, etc.
In none of these examples or previous assumptions is the sale collected through online or online sales. This means that either through sales to food companies or end consumers, online stores without an establishment and that carry out a distribution activity with or without importation must register with the General Sanitary Registry of Food and Food Companies. Until recently this was not mandatory.
For more information on this Registry, this public guide can be found at the following web linkhttp://www.aecosan.msssi.gob.es/AECOSAN/docs/documentos/seguridad_alimentaria/registro/guia_operadores.pdf, or if you wish, from LexSupplements, as a legal food consultant, we help you to know your obligations regarding the Sanitary Registry or resolve any doubts that may arise.