Reusable packaging
From 1 January 2023, final distributors/fillers of single-use plastic containers with food or single-use beverage cups (restaurants, cafés, bistros) will be obliged to offer a reusable alternative with regard to single-use plastic food packaging and single-use beverage cups.
Further information can be found in the following FAQ.
According to Section 33 of the German Packaging Act (VerpackG), all restaurants, bistros, delivery services and caterers have been obliged to offer a reusable alternative for takeaway food and drinks and when ordering since 1 January 2023.
- The reusable alternative must not have "worse conditions" or a higher price than the same product in disposable packaging.
- Labelling of the reusable packaging is permitted.
- Reusable packaging must be taken back by the final distributor.
According to Section 3 (13) VerpackG, the final distributor is the distributor who sells packaging to the end consumer on a commercial basis. The obligations apply to those final distributors who fill single-use plastic food packaging and single-use drinks cups with goods.
Examples of this would include
- Food retailers,
- restaurants/canteens,
- cafés/bistros and
- cinemas and other event venues.
The reusable offer obligation also applies if consumption takes place directly on site.
It is not necessary for a meal to be purchased as a take-away dish and consumed at another location.
Pursuant to section 33(2) VerpackG, final distributors are obliged under the first sentence of paragraph 1 to inform final consumers at the point of sale of the possibility of receiving the goods in reusable packaging by means of clearly visible and legible information boards or information signs. Examples of this would be
- In the case of Section 33(2) VerpackG: "Food and drinks available in reusable packaging."
- If only food or only drinks are offered, this may be shortened accordingly.
- In the case of Section 34(3) VerpackG: "We fill customers' own reusable containers."
The following applies to small businesses with a sales area of up to 80 m² and a maximum of five employees (e.g. snack bars, late-night shops, kiosks, but no branches):
These must fill customers' own reusable packaging on request. There is also an obligation to clearly and legibly inform customers that they must fill their own reusable containers.
With the amendment to the Packaging Act, offering and using a reusable alternative became a legal obligation on 1 January 2023. Affected companies are obliged to implement these requirements. Non-compliance can be punished as an administrative offence.
The obligations relate to disposable plastic food packaging and disposable drinks cups.
Possible options include filling customers' own reusable containers, offering their own reusable packaging (island system), initiating a network system with other catering businesses or participating in a pool system.
You can obtain information on hygienic handling with the help of guidelines from the German Food Association.
An obligation to offer food and beverages in reusable containers applies regardless of the number of employees if the sales area is larger than 80 m².
The term includes in particular all areas freely accessible to the end consumer, such as seating and lounge areas as well as other areas freely accessible to the end consumer, including aisles and sanitary areas.
If goods are delivered to customers, then in addition to any sales areas, all storage and dispatch areas are also considered sales areas; the latter include, in particular, shelving and picking areas.
If a final distributor operates several points of sale, the sales areas of the individual points of sale must be added together.
Outdoor areas associated with or allocable to the sales outlet also count as sales space.
For seasonally used outdoor areas, this only applies to the period for which they are or could be used. This means that a terrace area furnished with tables and chairs must be taken into account when measuring the sales area, regardless of whether it is currently in use.
A terrace area that is not furnished with seating or bar tables is not taken into account when measuring the sales area.
The obligations relate to single-use plastic food packaging and single-use drinks cups.
- According to Section 3 (4 b) VerpackG, single-use plastic food packaging is single-use plastic packaging, i.e. containers such as boxes with or without lids for food that is intended to be consumed directly.
- Disposable drinks cups and their lids are covered by Sections 33 and 34 VerpackG, regardless of the material they are made of.