Under what conditions does packaging fall under the legal requirements for single-use plastic food packaging? In view of the uncertainties surrounding this issue, several associations have published guidelines to provide clarity.
Since the beginning of the year, final distributors of certain single-use food packaging containing plastic have been obliged to offer reusable packaging. From 2024, the manufacturers and distributors of this packaging are also required to pay a special levy to the Federal Environment Agency in addition to the licence fee. In view of the uncertainties as to which food packaging is covered by the regulations, the associations of the food service industry (BdS), the food industry (BVE) and the manufacturers of plastic packaging (IK) have developed a Guide which explains the conditions under which single-use plastic food packaging is deemed to be disposable in the legal sense.
The unclear criteria for the definition of „single-use plastic food packaging“ in the Packaging Act and the Single-Use Plastic Fund Act cause considerable difficulties in business practice and enforcement. Markus Suchert, Managing Director of the Bundesverband der Systemgastronomie e.V. (BdS), explains that up to now there is no clear demarcation either at EU level or in Germany, which packaging is covered. „The fact that some attempts are being made to extend the requirements beyond the wording of the directive and the law adds to the uncertainty. These guidelines and, in particular, the decision trees will make it easier for companies and authorities to carry out difficult checks,“ Suchert hopes.
On behalf of the food industry, Peter Feller, Deputy Managing Director of the Federation of German Food and Drink Industries, points this out, that only certain plastic food containers are affected by the legal requirements„The packaged food must in particular be intended for immediate consumption. According to the express wording of the law, it is not sufficient if the food is only suitable for immediate consumption, as is sometimes claimed,“ emphasises Feller and sees the application mainly in the take-away sector.
Dr Martin Engelmann, Managing Director of the IK Industrievereinigung Kunststoffverpackungen, explains that there is no insignificance threshold for the proportion of plastic, i.e. that packaging with a plastic coating or lining is also affected. He also points out contradictions: „According to the Packaging Act, only filled packaging is ‚packaging‘ within the meaning of the law. According to the Single-Use Plastics Fund Act, however, empty food containers, for example, should also be covered, while empty bag and film packaging are excluded. These contradictions add to the uncertainty,“ criticises Engelmann.
Source: IK
