Single-use plastic products: Legal definition and classification
Term and general definition
Single-use plastic products are items that are wholly or partly made of plastic, are not intended to be used more than once, and are typically disposed of after a single use. A central definition can be found in European and German waste and environmental law, particularly in the context of EU Directive (EU) 2019/904 of June 5, 2019, on the reduction of the impact of certain plastic products on the environment (commonly known as the Single-Use Plastics Directive or SUP Directive).
Legal Foundations of Regulation
European Union
EU Directive 2019/904 sets binding requirements for the manufacture, distribution, and use of single-use plastic products. The aim is to prevent plastic waste from entering the environment and to promote the circular economy. The Directive stipulates, among other things:
- The ban on selected single-use plastic products (e.g., cotton swabs, cutlery, plates, straws).
- Labeling requirements for certain product groups.
- Mandatory measures to reduce consumption.
- Producer obligations regarding collection, disposal and financing of measures.
Germany
In Germany, the EU Directive was implemented by the Act for the Implementation of the Single-Use Plastics Directive (EWKVerbotsV) and further amendments to the Packaging Act as well as the Circular Economy Act. Important legal regulations include:
- Regulation on the prohibition of placing on the market certain single-use plastic products and products made from oxo-degradable plastic (EWKVerbotsV)
- Packaging Act (VerpackG), particularly with respect to deposit systems, take-back obligations, and labeling.
- Circular Economy Act (KrWG), which regulates general waste prevention and management.
Legal Definitions and Scope of Application
According to Art. 3 No. 2 of the Single-Use Plastics Directive, the term “single-use plastic product” means any product that is made wholly or partly of plastic and is not designed, developed, or placed on the market to be used multiple times. The Directive contains detailed lists of affected product categories, such as:
- Food containers,
- Beverage containers (up to 3 liters),
- Cups,
- Cutlery,
- Plates,
- Drinking straws,
- Stirrers,
- Balloon sticks
- and many more.
These products are to be distinguished from reusable plastic products, bio-based plastics, and products made of alternative materials.
The legal definition of plastic
Crucial for regulation is whether the product is composed ‘wholly or partly’ of plastic. Plastic is defined as follows (see Art. 3 No. 1 of the SUP Directive): “A material consisting of a polymer to which additives or other substances may have been added.” Natural polymers that have not been chemically modified are not included.
Obligations and Prohibitions under German Law
Marketing Prohibitions
The EWKVerbotsV prohibits the placing on the market of several single-use plastic products, including:
- Cotton swabs
- Cutlery, plates, drinking straws
- Stirrers
- Balloon sticks
- Food containers made from expanded polystyrene
- Beverage cups made from expanded polystyrene
Labeling requirements
Single-use plastic products such as wet wipes, feminine hygiene products, or tobacco products with filters must carry a specific notice regarding their environmental impact. The aim is to inform consumers and reduce littering.
Consumer obligations and take-back requirements
Under the Packaging Act, certain beverage containers are subject to a deposit and take-back requirement for distributors. In addition, since 2023, retailers must offer a reusable alternative for to-go food in single-use plastic containers.
Producer responsibility and product responsibility
The Single-Use Plastics Directive and the corresponding national laws shift part of the cost for the collection, cleaning, and disposal of certain single-use plastic waste to producers. This particularly concerns the so-called “extended producer responsibility” (EPR):
- Funding of cleaning measures in public spaces (e.g., for tobacco filters, food packaging),
- Participation in funding awareness campaigns,
- Promotion of the development of alternative materials.
Distinction from other product-related regulatory matters
Single-use plastic products are regulated in the context of various legal areas, such as product law, environmental law, and waste law. In addition, provisions of food law, chemicals law, and consumer information requirements must be observed.
Sanctions and Enforcement
Violations of the above prohibitions and obligations can be punished with fines. The responsible enforcement authorities are usually the environmental agencies at state and municipal level.
Outlook: Future of Regulation
With the ongoing implementation of the Directive and the planned revision of circular economy law, further tightening of the rules for single-use plastic products is expected. Additional product groups may be included and existing bans extended. Environmental protection and promotion of the circular economy will remain central issues.
Summary:
Single-use plastic products constitute a category comprehensively and thoroughly regulated under European and German environmental and product law. The legal classification covers bans on manufacturing, labeling, take-back and disposal, as well as producer responsibility and sanctions. The aim of regulation is to protect the environment against plastic waste and to promote sustainable product alternatives.
Frequently Asked Questions
Which single-use plastic products are currently banned under EU regulations?
The Single-Use Plastics Directive (EU) 2019/904 regulates restrictions on single-use plastic articles across Europe. Since July 3, 2021, binding bans have applied to certain products. Specifically, the ban covers single-use products such as cutlery (forks, knives, spoons, chopsticks), plates, drinking straws, stirrers, cotton swabs, balloon sticks, as well as all food and beverage containers made from expanded polystyrene (EPS) and their lids. Products made from oxo-degradable plastic are also prohibited. These bans apply to both the manufacture and placing on the market, meaning that neither producers nor retailers may offer these items in the EU. Remaining stocks placed on the market prior to July 3, 2021 may be sold off, provided that national transitional rules permit this. Companies risk administrative fines and prohibition orders for violations.
What obligations do producers and distributors have under the Single-Use Plastics Marking Regulation?
Producers and distributors who may continue to market single-use plastic products are subject to labeling requirements under the Single-Use Plastics Marking Regulation (EWKKennzV), based on Implementing Regulation (EU) 2020/2151. Certain products such as wet wipes, menstrual products, filters for tobacco products, and beverage cups must bear a clearly visible, non-removable symbol indicating their plastic content and environmental impact. Responsibility for correct and legally compliant labeling lies with the party first placing the product on the market in Germany, including compliance with specific requirements for the size, placement, and material of the labeling. Violations of the marking obligation may be subject to fines.
What extended producer responsibilities exist under national law?
Sections 33 and 34 of the German Packaging Act (VerpackG) transpose additional requirements of the Directive into national law. Accordingly, as of July 2022, producers of certain single-use plastic products such as to-go cups, food packaging, and wet wipes must, from January 1, 2023, assume extended producer responsibility. This obliges them to register in the new single-use plastics registry and contribute financially to disposal and cleaning measures in public spaces. The exact amount of the levy is determined by the Central Packaging Registry. Failure to meet the obligations can result in official prohibition orders and substantial fines.
To what extent are single-use plastic products subject to the requirement for ecodesign?
Article 6 of the Single-Use Plastics Directive sets a framework for promoting reusable and recycling concepts. Since 2024, single-use plastic beverage bottles with a capacity of up to three liters may only be placed on the market if their caps and lids remain attached to the container (so-called tethered caps), to prevent them from becoming litter in the environment. In addition, as of 2025, producers are required to ensure a certain percentage of recycled content in the manufacturing process and to increase this continuously. National supervisory authorities monitor compliance with these technical requirements.
What exceptions does the law provide for the medical sector?
Single-use plastic products intended solely for use in the medical sector—such as certain protective equipment or medical devices—fall under the exceptions of the EU Directive and its national implementation. The bans and labeling requirements do not apply to these products insofar as their use for medical purposes is demonstrably necessary. However, the intended use must be clearly documented to prevent abuse or circumvention of the bans. Authorities are required to strictly review whether the exception is objectively justified.
What is the legal meaning of ‘placing a single-use plastic product on the market’?
Within the meaning of the Single-Use Plastics Directive and the German Packaging Act, ‘placing on the market’ means the first making available of a product on the market of an EU Member State, regardless of whether it is provided for payment or free of charge. Importers and online retailers must comply with national requirements before the products reach end customers. Placing on the market includes both commercial trading and provision by service providers. The definition is deliberately broad to prevent circumvention of bans and obligations.
What sanctions are provided for violations of the prohibitions and obligations?
Violations of the prohibitions and obligations under the Single-Use Plastics Directive and the German implementing law constitute administrative offenses. Authorities may impose fines of up to 100,000 euros. In addition, sales bans and the seizure and destruction of prohibited products may be ordered. Companies are required to establish internal controls to ensure compliance with all requirements; in the event of systematic violations, the Centre for Protection against Unfair Competition (Wettbewerbszentrale) may issue warnings. If registration obligations are breached, companies may also be excluded from public tenders.
