Single-use packaging in law: Definition, regulation, and legal consequences
Concept and significance of single-use packaging
Single-use packaging refers to packaging that is typically disposed of as waste after a single use and is not intended for reuse. Their use spans numerous areas of life, particularly in the food, beverage, and consumer goods sectors. The opposite of single-use packaging is reusable packaging, which is designed for repeated use.
In the legal context, single-use packaging is primarily defined and regulated by the Packaging Act (VerpackG) as well as European regulations. In addition, there are numerous supplementary provisions, such as in the Circular Economy Act (KrWG), which relate to the production, marketing, take-back, and disposal of this packaging.
Legal foundations
Packaging Act (VerpackG)
Since January 1, 2019, the Packaging Act (VerpackG) has been the main national regulation. It replaced the former Packaging Ordinance and implements the requirements of the EU Packaging Directive (Directive 94/62/EC) into German law. For the purposes of Section 3 VerpackG, the law explicitly distinguishes between single-use packaging, reusable packaging, and service packaging.
Definition according to § 3 VerpackG
According to Section 3 (1) No. 2 VerpackG, single-use packaging is packaging that is not intended for multiple use or return to the manufacturer or retailer. The determination is essentially based on the actual handling and intended purpose when placed on the market.
Registration and system participation obligations
Manufacturers and distributors who place single-use packaging filled with goods on the market for the first time are subject to the extensive obligations of the Packaging Act (§§ 7 et seq.). These include:
- Registration obligation with the Central Packaging Register Office (§ 9 VerpackG)
- System participation obligation (§ 7 VerpackG) with a dual disposal system
- Labelling and information obligations
Failure to comply with these obligations can constitute an administrative offense punishable by a fine under § 34 VerpackG.
Circular Economy Act (KrWG)
The KrWG regulates the overarching management of waste, including single-use packaging. Following their initial use, single-use packaging generally becomes waste within the meaning of Section 3 (1) KrWG. The objective of the KrWG is to avoid the generation of packaging waste and to protect resources by promoting recycling.
European legal requirements
The EU Packaging Directive (Directive 94/62/EC) forms the essential basis for the regulation of single-use packaging in the European internal market. Key objectives include the prevention of packaging waste, the promotion of reuse and recycling, as well as the harmonization of packaging requirements within the EU.
With the “European Green Deal” and the EU Packaging Regulation (Packaging and Packaging Waste Regulation, PPWR) proposed in 2022, the legal requirements for single-use packaging will be further tightened, with the aim of reducing the use of single-use plastics and increasing the use of recyclates.
Scope of application and examples
Typical single-use packaging
Single-use packaging includes, among others:
- Beverage cans and bottles (unless they are reusable or subject to deposit)
- Food packaging, films, and trays
- Service packaging such as coffee-to-go cups and takeaway trays
- Shipping and outer packaging
Classification as single-use packaging is always product- and purpose-related.
Exceptions and special regulations
The Packaging Act provides for exceptions, particularly for certain transport packaging or large-volume industrial packaging. There are also special regulations for packaging subject to system participation and packaging not subject to system participation (§ 15 VerpackG).
Deposit and take-back obligations
Single-use deposit under the Packaging Ordinance and Packaging Act
For certain single-use packaging, especially beverage packaging made of single-use plastic or metal, there is a deposit obligation under § 31 VerpackG in conjunction with the Packaging Ordinance. The aim is to promote material recycling by incentivizing return to the system. Packaging for dairy products or certain niche products, for example, is not subject to a deposit obligation.
Obligation of distributors to take back
Distributors of deposit-bearing single-use packaging are obliged under § 31 VerpackG to take them back and refund the deposit. Furthermore, there may also be take-back obligations for packaging that is not subject to deposit (for example, under § 15 VerpackG), especially for commercial end users.
Labelling obligations
Single-use packaging can be subject to specific labelling requirements, for example regarding the deposit logo or material designations according to Annex 5 VerpackG. The aim is to guide consumers and support the separation of packaging components.
Disposal and recycling
System of dual disposal
The collection and recycling of single-use packaging waste in Germany is carried out within the framework of the dual system (i.e. Yellow Bag, Yellow Bin). The dual systems assume either material or energy recovery of the collected packaging waste. Manufacturers and distributors bear the costs for this in accordance with the Packaging Act (so-called producer responsibility).
Requirements for recyclability
The Packaging Act, in conjunction with normative technical guidelines, sets requirements for the design of recyclable single-use packaging, particularly with regard to material separation and the avoidance of composite materials. Amendments in the field of ecodesign, primarily driven by the EU, are advancing the development of recyclable single-use packaging.
Sanctions and enforcement
Supervision and sanctions
Compliance with statutory requirements for single-use packaging is monitored by the Central Packaging Register Office, state authorities, and environmental offices. Violations, such as breaches of registration obligations, non-participation in the dual system, or incorrect labelling, are sanctioned with fines of up to €200,000 (§ 34 VerpackG), depending on the severity.
Legal protection and exemptions
Under certain conditions, companies can apply for exemptions or waivers, for example as part of their own take-back systems or for specific packaging. The decision lies with the competent authorities or the Central Packaging Register Office.
Outlook and future developments
The legal requirements for single-use packaging are continuously evolving, with the goal of reducing environmental impacts and advancing the circular economy throughout Europe. The planned EU Packaging Regulation, increasing requirements for recycling rates, and the expansion of deposit obligations will further tighten requirements for manufacturers, distributors, and consumers.
References:
- Act on the marketing, take-back and high-quality recycling of packaging (VerpackG)
- Circular Economy Act (KrWG)
- EU Packaging Directive 94/62/EC
- EU Packaging and Packaging Waste Regulation (PPWR) (2022 proposal)
Weblinks:
- Central Packaging Register Office (ZSVR)
- Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV) – Packaging and packaging waste
See also:
Reusable packaging, recycling, producer responsibility, circular economy, packaging waste
Frequently asked questions
What legal regulations apply to single-use packaging in Germany?
Single-use packaging is subject to a multitude of legal provisions in Germany, regulated in particular by the Packaging Act (VerpackG). The law requires manufacturers and first distributors to register with the Central Packaging Register Office (ZSVR) and to ensure collection, take-back, and recycling of packaging waste. A central element is the system participation obligation: companies must join a dual system and pay licence fees for their marketed single-use packaging in order to ensure proper disposal through recyclable collection systems. In addition, there are specific requirements for labelling and information obligations for final distributors as well as regulations on the design-for-recycling capability of packaging. Special rules apply to certain product groups, such as beverage packaging, for example the deposit obligation. Furthermore, EU law, in particular the Single-Use Plastics Directive (SUPD), as well as other environmental regulations interact with national law.
What obligations exist for manufacturers and distributors of single-use packaging regarding take-back?
Manufacturers and distributors of single-use packaging are legally obliged to participate in the take-back structure for packaging waste. Single-use packaging that typically results as waste at private end consumers is subject to the system participation obligation (§ 7 VerpackG). Take-back is generally handled through participation in dual systems; individual take-back at the point of sale is only required for packaging not compatible with the system. In the case of system participation, packaging is disposed of via recycling (Yellow Bag/Bin) and delivered by the system operators for recycling. Special take-back obligations apply, however, for single-use beverage packaging: here, final distributors (such as retail) must take back empty deposit bottles and ensure that the deposit is refunded.
What fines are imposed for violations of the rules regarding single-use packaging?
Violations of the legal requirements regarding the handling of single-use packaging—such as failure to register with ZSVR, lack of system participation, or non-compliance with deposit obligations—constitute an administrative offense under § 34 VerpackG and can be fined considerably. The amount of the fines can vary and, in serious cases, reach up to €200,000, depending on the individual case. In particular, parties involved in the production chain should regularly check compliance with the regulations, as even negligent violations can be sanctioned. In addition to fines, further regulatory measures such as sales bans or publication of sanction decisions on the ZSVR website may be imposed.
What labelling requirements apply to single-use packaging?
Certain single-use packaging is subject to labelling requirements that go beyond the Packaging Act. For example, the Single-Use Plastics Labelling Ordinance requires clear and permanent labelling of single-use plastic products such as cups, as well as wet wipes or hygiene articles if they contain plastics. For deposit-bearing single-use beverage packaging, the label “Einweg” (single-use) and the deposit amount (currently 25 cents) must be displayed in an easily visible form at points of sale. Correct labelling is intended to prevent incorrect disposal and consumer deception. There is also an obligation to indicate the material type under European requirements—such as under the SUPD—to ensure better and more effective recycling.
Are there any exceptions to the deposit obligation for single-use beverage packaging?
In principle, the Packaging Act provides for a deposit obligation for almost all single-use beverage packaging, although certain exceptions apply. These include, in particular, packaging for milk and milk-based drinks with at least 50 percent milk content, beverages in containers of more than three liters or less than 0.1 liters in volume, and packaging for certain medical dietary drinks. However, exceptions have been continuously reduced through legislative changes, so that from 2024, even milk and milk-based drinks in single-use plastic packaging are subject to the deposit requirement. It is important for companies to always check the current legal situation to avoid any violations.
How does German packaging law relate to European law, particularly the Single-Use Plastics Directive?
The German Packaging Act is closely linked to European requirements, especially Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (Single-Use Plastics Directive, SUPD). The SUPD has significant effects on national law, such as regarding marketing, labelling, collection, and recycling of single-use plastic packaging. Germany has implemented many provisions of this directive in the Packaging Act, in particular through the Single-Use Plastics Labelling Ordinance and through expanded operator obligations. Further adjustments to national law to reflect EU directives are expected in the future to ensure compliance with the recycling economy objectives and to reduce single-use plastics.
What reporting and documentation obligations exist for single-use packaging?
Manufacturers and first distributors of single-use packaging are required to fulfill extensive reporting and documentation obligations. This includes, in particular, registration in the LUCID packaging register of the ZSVR with details on the quantities and material types of packaging placed on the market. In addition, monthly or annual data reports must be submitted to the dual system to which the packaging is linked. There is also a requirement to retain relevant documents, evidence, and system participation contracts in order to ensure seamless traceability of proper disposal during inspections. In the case of customer-facing businesses, final distributors must also inform consumers about return possibilities and correct disposal behavior.
