Industry Gastronomy

Reusable packaging obligation out-of-home market

Questions & Answers

What does the reusable offer obligation mean?

All important questions and answers for restaurateurs

In Germany alone 770 tons of packaging waste every day through disposable packaging. This is not only an ecological burden, but also a financial one. As a result, the EU has introduced the so-called reusable packaging obligation which came into force in Germany on January 1, 2023.

The regulation stipulates that all "final distributors" (including cafés, bistros, restaurants, catering businesses, canteens, petrol stations and retailers) that sell their takeaway food and drinks in disposable packaging must now also offer a reusable alternative. offer a reusable alternative alternative. To help you implement the regulation in the best possible way, we at J.J. Darboven have compiled the ten most important questions and answers for you.

1 To whom does the reusable offer obligation apply?

All catering establishments that sell food and drinks as "take-away" or "to-go" are obliged to offer them in reusable packaging.
Another rule is that the reusable packaging must not be more expensive than the disposable packaging.

2 Who is exempt from the obligation to offer reusable packaging?

For smaller businesses with five or fewer employees and a sales area of no more than 80 square meters, the obligation to offer reusable packaging does not apply. It is important to note that both criteria must be met; if only one requirement is met, the exemption under Section 34 does not apply.
These businesses are nevertheless obliged to allow customers to fill the containers they have brought with them. Customers must also be made aware of this possibility.

3. what happens if the obligation to offer reusable packaging is not complied with?

According to § 33/§ 34 VerpackG, anyone who does not comply with the obligation to offer reusable packaging risks a fine of up to 10,000 euros per violation. The individual federal states are responsible for inspections and will take appropriate action in the event of violations.
From 01.01.2023, final distributors will be liable if they offer the sales unit at a higher price or under worse conditions or do not fulfill the information obligations correctly, completely or in the specified manner.

4. which areas count as retail space?

All areas that are accessible to customers are counted as retail space. This also includes seating and lounge areas.
If the number of employees or sales area is only exceeded for seasonal reasons, the reusable offer obligation applies for the season.
An exception applies to delivery services. In this case, all storage and dispatch areas are calculated as sales area.

5 How is the number of employees calculated?

Part-time employees with a weekly working time of no more than 20 hours are calculated as 0.5 persons.
Part-time employees with a weekly working time of no more than 30 hours are calculated as 0.75 persons.
Student or seasonal workers are also counted as employees.

6. how can the reusable regulation be implemented?

There are basically two options for implementing the reusable packaging obligation:

The business buys its own reusable packaging, made of plastic or glass, and lends it to customers. A wide range of reusable packaging, which can also be customized with your own logo, can be found at greenbox or Nette, for example.
The business joins a reusable pool system, i.e. a service provider that offers reusable packaging.

Depending on the solution, crockery is returned using a deposit system or digitally. A selection of pool system providers can be found here!

7. may disposable packaging continue to be used?

The use of disposable packaging is still permitted.
The regulation states that, in addition to disposable packaging, customers must also be offered reusable alternatives.
We at J.J. Darboven recommend avoiding single-use packaging in the long term for the sake of the environment, but also in view of the increasing sustainability requirements of consumers.

8. does the reusable offer obligation also apply to vending machines?

The reusable supply obligation also applies to vending machines. The law provides for a simplification here, as it requires a special effort to provide vending machines with a reusable system.
The final distributors can decide whether sales are also made in reusable packaging at the customer's request or whether only containers brought along are filled by the vending machines. A corresponding and clear notice must be given to customers.
This regulation is independent of the sales area and the number of employees.
For vending machines that are only installed in companies for the supply of their own employees and are not accessible to the public, the obligation to offer reusable containers does not apply! This also means that there is no obligation to fill containers brought in.

9. what must be taken into account in terms of hygiene?

There is an obligation to offer professionally cleaned and dishwasher-safe containers and to take them back even if they are dirty. Acceptance may only be refused in individual cases, for example in the event of severe mold growth or misuse. The acceptance obligation may not be permanently refused on the basis of general "hygiene concerns".
According to Section 33 (3) VerpackG, final distributors are obliged to take back their own reusable containers. There is no obligation to accept reusable containers from other companies and systems. The acceptance regulations are the responsibility of the individual businesses/systems.

10. how can customers be convinced of the benefits of reusable packaging?

The purpose of the reusable supply obligation lies primarily in the sustainability aspect. The regulation invalidates the assumption that the sustainable option automatically costs more. This stipulates that there must be no price difference between disposable and reusable packaging. This means that choosing the reusable alternative is good for the environment and your wallet.