The Federal Environment Agency has issued a general ruling on the legal classification of food packaging for 150 gram sausages. The decision relates to plastic packaging made of polyamide, polyethylene and PET.
The Decision of the Federal Environment Agency dated 8 January 2026 finds that a food packaging filled with 150 gram sausages is to be classified as a food container within the meaning of Annex 1 of the Single-Use Plastics Fund Act. This is based on Section 22 Paragraph 1 Sentence 1 Number 2 of the Disposable Plastics Fund Act. The decision was issued by way of a general ruling and therefore applies not only to the specific item under review, but to similar products in general.
The subject of the test was transparent plastic packaging measuring 18 centimetres long, 11 centimetres wide and 3 centimetres high, made from a material combination of polyamide, polyethylene and polyethylene terephthalate. The Federal Environment Agency categorises this packaging as a „food container“ product type, as defined in Annex 1 of the law. The decisive factor here is that it is a container that contains food and is typically intended to be consumed directly from the packaging or to be consumed without further preparation, it says.
Already last year the categorisation of a foodstuff as a single-use plastic or to-go product subject to duty for heated discussions taken care of.
Significance for manufacturers and distributors
Classification as a food container under the Disposable Plastics Fund Act entails corresponding obligations for manufacturers and distributors. These include, in particular, participation in the Single-Use Plastic Fund, which finances certain costs for waste management and cleaning public spaces. The declaratory judgement creates legal certainty in this respect, as it specifies how comparable meat and sausage packaging is to be treated in regulatory terms.
Classification in the legal context
The Single-Use Plastics Fund Act implements the requirements of the EU Single-Use Plastics Directive and aims to reduce the environmental impact of certain plastic products. The Federal Environment Agency's general ruling makes it clear that packaging for smaller portion sizes can also fall under the regulations, provided they fulfil the criteria of a food container. For the packaging industry, the ruling emphasises the importance of closely examining the material, function and intended use with regard to the legal requirements.
Annex 1 of the Single-Use Plastics Fund Act contains the definitive list of product types that are considered to be products containing single-use plastics and therefore fall within the scope of the Act. These include food containers, drinks cups and other packaging that is made entirely or partially of plastic and is typically intended for single use.
Food containers are defined in the annex as containers that contain food and are intended to be consumed immediately, either directly from the container or after minimal further preparation, it says. In particular, this includes packaging for ready-to-eat or convenience foods where the container is an integral part of the dosage form. The decisive factor is not the type of food, but the function of the packaging as a container for immediate consumption.
By including this product category in Annex 1, the legislator specifies which packaging is subject to the financial participation obligations under the Single-Use Plastics Fund Act. The classification of the 150-gram sausage packaging carried out by the Federal Environment Agency is expressly based on this definition and its interpretation in the light of the EU Single-Use Plastics Directive.
Source: Federal Environment Agency
