Mandatory reuse 2023

Günter Dorn - Veröffentlicht am 05 January 2023

The new Packaging Act (VerpackungsG) came into force on 01.01.2023. In this, the reusable obligation 2023 is regulated. This change affects every business with takeaway food and beverages that are packaged directly before sale. Find out what this amendment entails and what the reusable obligation means for food retailers (LEH for short) in this blog post.

What's behind the 2023 mandatory reusable packaging law?

For every business that offers food and beverages to go, there is a reusable offer obligation since January 2023. This change in the law regulates the use of disposable and reusable containers. The reusable offer obligation applies to restaurants, cafés, bistros, canteens, gas stations, catering businesses and supermarkets, among others. In summary: Everywhere where food and drink can be taken. Customers should be able to decide for themselves whether they want to take their food in reusable or disposable packaging. The Packaging Act also stipulates that there must be visible information on the availability of reusable packaging. This must at least take the form of notices and flyers. Furthermore, the reusable packaging must not cost more than the product. A deposit may be required when the packaging is issued. After return, this must then be paid back to the customer. Businesses are also obliged to take back their own reusable packaging. Violations can result in fines of up to €10,000.

What exceptions apply to the 2023 reusable packaging obligation?

The German Federal Ministry for the Environment and Consumer Protection regulates exceptions in the Packaging Act. One of these concerns smaller businesses that employ no more than 5 people and whose store area is no larger than 80m². These businesses are exempt from the 2023 reusable packaging requirement. They must provide the option for customers to takeaway food and beverages in containers they bring themselves. Chains, such as supermarkets at train stations, will not be included in this exemption. Even if the sales area is less than 80 m², the entire business usually has more than 5 employees.

What does the 2023 reusable packaging requirement mean specifically for food retailers?

Supermarkets must offer reusable packaging if, for example, coffee to go, takeaway salads, fresh vegetables or meat products are offered in the store. During implementation, the following questions may arise that need to be considered in the packaging concept:

How can the application of the reusable obligation be controlled and proven by the company?
How much effort is required? Are there potential savings?
Are there possibilities of misuse of the reusable packaging? How can the risk be minimized?
Which systems are suitable for the operation?
How are customer-owned containers handled? When does the responsibility of hygiene start with the store?
Is there reusable packaging that suits the range? Is there still potential for savings here?

Eco-label: Blue Angel

Disposable products generate large amounts of avoidable waste. Many people want to adapt their consumption behavior, and businesses can make this possible by offering alternatives to environmentally conscious shopping. The aim of the new law is to reduce single-use containers and, in particular, to strengthen environmentally compatible reusable systems. As the market for reusable containers is growing steadily, the eco-label: Blue Angel was introduced. This mark certifies resource-saving reusable cup systems to go for beverages and food. Various criteria and requirements apply to the containers as well as the suppliers. In production, it must be ensured that materials harmful to the environment and health are avoided. The minimum service life is 500 rinsing cycles for containers and 100 for lids. At the end of the service life, it must be possible to take back the containers and recycle them. The advantages of using reusable containers are numerous. They avoid waste, are gentle on our resources, and the regional filling locations ensure transparency of the transport routes.

The gastronomy sector is strongly affected by the change in the law, but the food retail sector must also find suitable regulations with regard to packaging. Even if the reusable obligation was introduced in 2023, the question of sustainability in general remains. Do you need support in the sensible implementation of the reusable packaging obligation 2023 and optimization in your business? Feel free to contact me to identify your savings potential!