Concept and Legal Basis of Prepackaged Goods
Prepackaged goods are a central element in German and European packaging law. The term describes products that have been filled and sealed (packed) outside the presence of the purchaser and are offered or sold in a specific quantity. The legal framework for prepackaged goods is detailed to ensure consumer protection, transparency in trade, and uniform movement of goods.
Definition of Prepackaged Goods
According to § 42 Measurement and Calibration Act (MessEG), a prepackaged good is a package with a specific content whose quantity has been filled without the presence of the end consumer or customer. The following types are distinguished:
- Prepackaged goods of a specific nominal quantity: Contain a prescribed or label-specified quantity.
- Open Packages: Are not prepackaged goods because they are filled individually by the consumer or portioned in the presence of the consumer.
- Bulk Packages: Subject to labeling requirements and certain special regulations.
Legal Basis
Statutory Regulation in Germany
The relevant provisions result from the Measurement and Calibration Act (MessEG) and the Prepackaging Regulation (FPackV). Key regulatory contents include:
- MessEG (§§ 42-45): Defines prepackaged goods and contains significant regulations regarding nominal quantities, labeling, prohibitions on circulation, and control.
- Prepackaging Regulation (FPackV): Specifically regulates the permissible nominal quantities, the tolerance system for deviations (minus deviations), the mandatory information required on the packaging as well as market surveillance and inspection.
EU Legal Foundations
At the European level, prepackaged goods are governed in particular by Directive 76/211/EEC. The aim is to harmonize regulations in the European internal market regarding labeling and control. The FPackV implements the requirements of the Directive into German law.
Requirements for Prepackaged Goods
Nominal Quantities and Tolerances
Prepackaged goods must contain the stated nominal quantity. The permissible minus deviation is legally defined and based on the nominal quantity. The measurement system and testing methods are detailed in Annex I of the FPackV.
Minus Deviation (Tolerance):
The actual quantity contained in a prepackaged good may only fall below the nominal quantity within the legally permitted tolerances. Tolerance values depend on the specific fill quantity and are defined in tabular form.
Labeling Requirements
Prepackaged goods are subject to extensive labeling requirements to ensure correct information is provided to consumers and market surveillance. The key mandatory details include:
Quantity Indication
- Clearly, legibly, and indelibly affixed (e.g., ‘e’ mark for compliance with packaging regulations).
- In Legal Units (e.g., kg, l, ml, g) specified.
- Must refer to the actual quantity of the contained product.
Manufacturer Information
- Name and address of the party responsible for the packaging or the distributor.
Additional Mandatory Information
- Possibly additional information according to specific food law provisions.
- For certain prepackaged goods: batch number, expiration date, and if applicable, storage conditions.
Permissible Nominal Quantities
The FPackV specifies certain nominal quantities for various goods and product ranges (e.g., for beverages, canned foods, ready meals). Goods may only be marketed in these prescribed quantities as prepackaged goods (“Protection against misuse and deception”).
Supervision and Control
Market Surveillance
Compliance with the regulations for prepackaged goods is monitored by the calibration authorities of the federal states. They conduct random checks of:
- Content and compliance with nominal quantity and tolerances.
- Completeness and accuracy of labeling.
- Compliance with permissible nominal quantities.
Violations are sanctioned as administrative offenses, sometimes with substantial fines.
Testing Procedures
Statistical lot sampling procedures are used for control. A prepackaged good may be considered marketable if the average of the tested lot size does not fall below the nominal quantity and the number of prepackaged goods exceeding the minus deviation is limited.
Special Prepackaged Goods and Exceptions
Exceptions to the Prepackaging Regulation
The FPackV does not apply to all types of goods. Exceptions exist, among others, for:
- Medicines (regulated by specific pharmaceutical requirements).
- Loose goods measured and packaged in the presence of the consumer.
- Product groups for which special statutory requirements exist (e.g., certain chemical products).
Special Types of Prepackaged Goods
Statutory special regulations may apply to:
- alcoholic beverages (e.g., spirits)
- dairy products
- cosmetic products
and may contain differing labeling and packaging requirements.
Significance for the Movement of Goods
Prepackaged goods facilitate the movement of goods by standardizing and ensuring transparency regarding product quantity and package contents. They serve to protect consumers by ensuring content and quantity are clearly indicated, and they allow for uniform pricing (base price per unit of quantity). In the business sector, proper implementation of prepackaging regulations is an essential element for the legally compliant marketing of goods.
Sanctions, Liability, and Consumer Protection
Noncompliance with the regulations on prepackaged goods can lead to fines. Retailers and fillers are responsible for ensuring compliance. In cases of misleading or incorrectly labeled prepackaged goods, a warning under competition law may be threatened.
Additionally, the regulations strengthen the trust relationship between customers and retailers, as ongoing compliance with quantity and labeling obligations is ensured through supervision and control.
Prepackaged goods thus represent an essential link between product manufacturing, marketing, and consumer protection. Their legal framework ensures uniformity, transparency, and safety in the movement of goods pursuant to national and European requirements.
Frequently Asked Questions
Who is responsible for compliance with legal requirements for prepackaged goods?
In Germany, the party responsible for compliance with the legal requirements for prepackaged goods is, as a rule, the one who manufactures or places the prepackaged goods on the market. This can be the manufacturer, the importer, or also the retailer if the products are offered under their own name or brand. The legal requirements include in particular the provisions of the Prepackaging Regulation (FPackV) and the Measurement and Calibration law. Responsible companies must ensure that the fill quantity is correctly declared, the measure of the quantity meets legal requirements, and the measuring procedures used are approved and regularly checked. Violations of the relevant regulations can be sanctioned by supervisory authorities and result in fines, recalls, or sales bans.
What information must legally be stated on a prepackaged good?
It is legally required that each prepackaged good must show the nominal quantity in a clearly readable and permanently affixed form. The unit of the nominal quantity must be expressed for liquid products in liters or milliliters and for solid products in kilograms or grams. In addition, further statutory labeling requirements may apply depending on the product type and area of application, especially those arising from the Food Information Regulation (LMIV), the German Food, Commodities and Feed Code (LFGB), and specific regulations, such as the Packaging Ordinance. The indication must always refer to the net quantity, without packaging weight. There may also be requirements for indicating the manufacturer or responsible party, batch identification, durability dates, etc.
What does the Prepackaging Regulation (FPackV) specifically regulate?
The Prepackaging Regulation (FPackV) in Germany sets out the requirements for prepackaged goods regarding the declaration and compliance with nominal quantity. Essentially, the FPackV requires that prepackaged goods placed on the market contain the fill quantity stated on the packaging; product-specific tolerances and permissible deviations (shortfalls) are defined. In particular, a distinction is made between random sample inspections (lot control) and individual packages; the average fill quantity of an inspected lot may not fall below the nominal quantity, while individual packages may deviate within a tolerance range. The FPackV also contains rules regarding the type of fill quantity determination and responsibility in the manufacturing process.
How are violations of the regulations for prepackaged goods sanctioned?
Violations of the statutory provisions for prepackaged goods in Germany are prosecuted as administrative offenses under the Measurement and Calibration Act and the FPackV. The supervisory authorities responsible are the calibration offices, which may perform both spot checks in retail and inspections at manufacturing facilities. If unauthorized shortfalls or incorrect labeling are identified, this may lead to complaints and the imposition of measures such as improvement, market withdrawal, or destruction. Additionally, fines may be imposed, the amount depending on the severity and scope of the violation and its economic impact; in severe cases, fines can amount to several thousand euros. Systematic or intentional violations can also result in competition law actions or criminal charges.
What obligations exist in relation to measuring devices for determining fill quantities?
Companies that manufacture prepackaged goods are obliged to use only measuring devices for determining fill quantities that meet the legal requirements of the Measurement and Calibration Act. The measuring systems and scales used must be calibrated for their intended purpose and regularly serviced and inspected. Proper documentation of maintenance and inspection results is essential to demonstrate compliance to the authorities. Furthermore, the personnel carrying out the fill quantity measurement must be qualified and regularly trained, as operating or measurement errors can have significant economic and legal consequences.
Are there special regulations for certain product groups in relation to prepackaged goods?
Yes, in addition to the general regulations of the Prepackaging Regulation, there are further or additional labeling and quantity indication requirements for certain product groups (such as food, beverages, cosmetics, pharmaceuticals, detergents, and cleaning agents). These arise from relevant EU regulations (e.g., Food Information Regulation, EU directives for cosmetic packaging) and national laws such as the LFGB. For these prepackaged goods, for example, specific font sizes, nutritional information, allergen notices, or special consumer warnings may be required. There are also separate regulations for certain standard fill quantities and packaging types which must be observed.
What is the legal situation regarding prepackaged goods imported from abroad?
Importers who first place prepackaged goods from other countries on the market in Germany on a commercial basis bear the same legal responsibility for compliance with all national regulations as domestic manufacturers. This means that they must ensure that prepackaged goods meet the German requirements with regard to labeling, fill quantity, and measuring accuracy, even if the products were packaged abroad. For products from EU Member States, the principle of mutual recognition applies, though national differences need to be observed; for imports from third countries, German requirements must be applied without restriction. Importers should pay particular attention to language, formal, and measurement-specific requirements as well as the compatibility of units used, otherwise violations of the prepackaging regulations may occur.
