The Reusable Packaging Act: What can you expect?

Who is required to comply with the reusable packaging requirement?

The obligation to offer a reusable alternative applies primarily to so-called ‘final distributors’ of food packaging and cups made from single-use plastic. These include, for example, restaurants, bistros, cafés, canteens, petrol stations and catering companies. In short: anyone who sells to-go or takeaway containers filled with food and drink to consumers.

Are there any special provisions for small businesses?

Yes, there are. Section 34 of the Packaging Act (VerpackG) sets out an exemption for small businesses such as snack bars or kiosks. This applies if the business employs no more than 5 staff and the sales area is no larger than 80 m². These businesses are exempt from the obligation to offer reusable options in that they are not required to provide their customers with reusable alternatives. Instead, they must allow consumers or guests to transfer any uneaten food and drinks into reusable containers brought by the customer. It is also important here that small businesses clearly draw attention to this option.

Please note: If the businesses are franchise outlets or chains, they cannot invoke the exemption. Whilst their sales area may be less than 80 m², the business as a whole usually employs more than five staff members.

Does the obligation to provide reusable options also apply to deliveries and delivery services?

The new Packaging Act for reusable products does not apply directly to delivery services: delivery services work closely with restaurants and are usually reliant on a wide range of reusable options. In this context, delivery services act as service providers for restaurateurs, delivering their food and drink to customers. Prepared food is offered to consumers on the delivery service’s website. This also includes the packaging. With the new Reusable Packaging Act coming into force, delivery services must also explicitly highlight and offer reusable options from 1 January 2023. Failure to do so may result in severe penalties.

Whether consumers collect their food from the premises or have it delivered to their homes, there will be no difference in this respect. In all cases, they must be given the option to choose reusable crockery and cups as a packaging option.

How should the prices of reusable products be set?

As a general rule, prices must be set in such a way that the reusable alternative must not be more expensive than the single-use option. Furthermore, it must not be offered on less favourable terms. The Reusable Packaging Act therefore ensures that single-use and reusable packaging options are on an equal footing and that the decision ultimately lies with the consumer.

To which packaging products does the new Reusable Packaging Act apply?

The original Packaging Act came into force on 1 January 2019. In addition, the regulations for the catering sector will now come into force at the start of 2023.

This applies primarily to plastic packaging. Paper and cardboard are exempt – provided they are not coated with plastic. The so-called Single-Use Plastics Ban Regulation primarily covers the following products:

• Disposable plastic plates

• plastic cutlery

• Paper plates that are coated or lined with plastic

• Disposable cutlery made partly from cardboard and partly from plastic

• Single-use packaging made from biodegradable plastics

The only items exempt from this regulation are pizza boxes, paper cups and other products made from untreated paper and cardboard that contain no plastic. It is important to note that, after 1 January 2023, only remaining stocks of single-use plastic packaging may be used up.

What specific reusable systems are there, and how do they work?

There are now a whole range of providers offering reusable container schemes. In addition, restaurant owners and customers have the option of purchasing their own reusable containers. Among the best-known reusable container pool schemes are, for example, FairBox, REBOWL, reCIRCLE and Vytal.

All these providers allow you to hire and return containers such as plates, bowls and cups. Reusable tableware can be returned to catering establishments, supermarkets, food delivery services or via the system providers’ return machines.

Some restaurants offer attractive deals for using a reusable container. This might, for example, be a free extra ingredient in a salad if you bring along one of the restaurant’s bowls to fill with your choice of ingredients.

Reusable containers pay for themselves environmentally speaking after just a few uses. This means that, on balance, they are significantly more sustainable than single-use packaging.

Are customers allowed to fill containers they have brought with them?

Yes, that is by far the most sustainable solution for the takeaway sector. However, please ensure that the containers you bring with you are clean. If they are not, you are even entitled to refuse to fill bowls, cups and the like. You may also refuse to accept or return customers’ own reusable tableware if it is soiled through negligence, for example due to mould or misuse. If you refuse to fill a container brought in by a customer, you can offer a reusable product from your own range. This way, Cross-contamination with food and work areas.

What other hygiene requirements need to be taken into account?

Reusable products in the takeaway sector must meet the same hygiene requirements as the establishment’s own crockery and cutlery. In the case of to-go cups brought in by customers, the primary concern must be to ensure that only standard hot drinks – whether prepared by hand or by machine – are served in them. The higher the temperature during the brewing process or when the drink is dispensed, the greater the germ-reducing effect.

In particularly sensitive environments such as hospitals and care homes, for hygiene reasons, products should not be decanted into customers’ own containers.

When it comes to bowls, moulds and the like, the main thing to bear in mind is that different types of food should not be placed in the same container if this would cause the food to go off. For example, raw poultry should never be placed in the same container as ready-to-eat food.

Various methods have already become established when it comes to handing over reusable containers. These include colour-coded sections or placing the lunchboxes, meal trays and cups to be filled on trays or in baskets.

Here, too, the products must be used exclusively for their intended purpose. If food needs to be weighed, the scales should be covered with a single-use mat or disinfected afterwards. All work equipment and utensils must be cleaned at the end of the working day. Do not place reusable containers intended for filling on chopping boards. Foodstuffs that have already come into contact with reusable items brought in by the customer must not be returned to the sales cycle. If the lids of boxes, cups and tins are not securely attached to the container, the customer should take them into their care before filling.

What happens in the event of breaches of the obligation to provide reusable options?

Failure to specifically highlight the reusable alternative constitutes an administrative offence and may be penalised by the relevant authorities with a fine of up to 10,000 euros per individual case.

Is it necessary to highlight the reusable options?

Yes, that is also part of the new Packaging Act for reusable products. It is important that the notice is displayed exactly where the standard range of products is presented. Reusable items may cost no more than the disposable tableware previously used, and the notice must be of the same type and size as the product range. For example, the notice must read as follows:

• Food and drink available in reusable packaging

• Filling into the customer’s own containers is possible

Where food and drink are delivered, customers must be given the option to choose reusable packaging as part of the ordering process.

What are the benefits of offering reusable products before the law comes into force?

First and foremost, you or your company will become a pioneer in climate and resource protection. Many towns and local authorities will also support you in achieving your climate targets. Furthermore, in Hamburg, for example, there is the opportunity to become an ‘Environmental Partner’. This also offers a range of worthwhile benefits.

What does your company need to do if it wants to offer reusable products?

Obtain information and quotes from various suppliers. Ehlert offers a range of high-quality trays, bowls, boxes and cups from the reWare range. These products are impressively sturdy, are dishwasher-safe and are shatterproof and cut-resistant. Food and drinks stored in them can be conveniently heated in the microwave.

The reusable products are made from recyclable mono-PP plastics and recycled R-PP material. With reWare from Ehlert, you’re bringing an affordable and sustainable solution into your home.

Be sure to let your customers know that you use reusable alternatives to standard packaging.

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Ehlert – A systematic approach to enjoyment: for us, this is more than just a slogan. For almost 100 years, we have been supplying catering businesses and companies in the food production sector with all the essential goods they need for the manufacture and processing of food. On our blog, we keep you up to date on all the relevant topics.