On a Madrid menu the words gluten and vegan do not carry the same legal weight. Cereals containing gluten are one of the 14 allergens that must be declared, and the information has to be there before you order. Vegan has no legal definition in the European Union: the implementing act that was supposed to set out the requirements for that information was never adopted, more than a decade after being promised.
Does calling a dish vegan mean anything legally? There is no legal definition. Regulation 1169/2011 tasked the European Commission with an implementing act on a food’s suitability for vegetarians or vegans, and it has not been adopted. The 14 allergens, with cereals containing gluten among them, are subject to compulsory declaration before ordering.
Eating vegan in Madrid is less a supply problem than a vocabulary one. Two labels that look like the same kind of thing work in opposite ways: one is defined by law and binds the venue, the other is defined by each kitchen. Knowing which is which changes the question worth asking at the counter. Milk, eggs, fish, crustaceans and molluscs are 5 of the 14, and the venue must also serve unbottled water at €0.00. Lunch starts about 2pm and dinner about 9pm.
The question that does have a guaranteed answer
This is the useful part, and it consists of changing the word you use.
Asking “is this vegan?” depends on the house’s own criteria. Asking “does it contain milk, egg, fish, crustaceans or molluscs?” carries a compulsory answer, because all five sit on the list of 14 and the venue must have them declared on the menu, a board or a digital menu before the order. Where icons are used, a legend is compulsory.
The points that most often slip past an apparently plant-based dish are stocks, cooking fats and derivatives, and there a question about specific allergens is more reliable than the label.
Why it was never defined
This is not an oversight but an act outstanding for more than a decade.
Regulation 1169/2011, at article 36(3)(b), tasked the European Commission with publishing an implementing act setting out the requirements for information on a food’s suitability for vegetarians or vegans. That act has not been adopted, and the European Union is working through the REFIT Platform towards such a definition. Until then the word obliges nothing in particular.
Two words, two regimes
The comparison that settles the doubt, and it appears on no menu.
| Term | Legally defined? | Binds the venue? |
|---|---|---|
| Vegetarian | No | No requirement set |
| Vegan | No | No requirement set |
| Milk, eggs, fish, crustaceans, molluscs | Yes, among the 14 allergens | Yes, declare before ordering |
| Cereals containing gluten | Yes, among the 14 allergens | Yes, declare before ordering |
The 14 allergens are imposed by Spanish food information law for unpackaged food, in gluten free in Madrid.
What the venue does owe you
It sits alongside the rest of the obligations in the same body of consumer rules.
The venue must offer free unbottled water, in tap water in Madrid, tell you that leftovers may be taken away, in free tapas in Madrid, and publish prices VAT included, in tipping in Madrid.
When people eat
The local clock applies regardless, and catches out more visitors than any menu.
Lunch builds from about 2pm and dinner rarely before 9pm, in where to eat in Madrid and where to have dinner in Madrid.
Frequently asked questions about eating vegan in Madrid
What should I ask instead in a restaurant?
Ask about the specific allergens, because those are compulsory. Asking whether a dish contains milk, egg, fish or crustaceans has a legally guaranteed answer, while asking whether it is vegan depends on each kitchen’s own criteria.
Is the word vegan regulated on a menu?
No. Regulation 1169/2011 provided in article 36 that the European Commission would publish an implementing act setting out requirements for information on a food’s suitability for vegetarians or vegans, and that act has not been adopted.
Is gluten regulated differently?
Yes, quite differently. Cereals containing gluten are one of the 14 allergens that must be declared, and Spanish food information law requires them to be declared before ordering in every venue serving unpackaged food.
Can a dish labelled vegan contain animal products?
With no legal definition the term obliges nothing specific, and each kitchen sets its own criteria, particularly around stocks, cooking fats and derivatives. The reliable route is to ask about the animal allergens on the mandatory list.
Will it be regulated eventually?
It is under discussion. The European Union is working through the REFIT Platform towards a legal definition of vegan and vegetarian along the lines foreseen in Regulation 1169/2011, but until an implementing act exists the word remains undefined.
The word people search for obliges nobody, and the word that obliges everybody is the one worth asking about.