Reusable obligation in the to-go sector in Germany

Gastronomic businesses, food retailers, and caterers have been obligated to offer reusable packaging for food and beverages to go since January 1, 2023. The implementation of this amendment to the Packaging Act (VerpackG) has brought challenges. Although this is specifically a reusable offer obligation, as single-use packaging can still be provided, it is commonly referred to as a reusable mandate. Its implementation is intended to increase sustainability in environmental and climate protection by reducing single-use packaging, resulting in positive impacts through waste reduction and resource conservation. We have compiled the most important information about the reusable mandate, its pros and cons, and the requirements in a guide for managing reusable packaging in the to-go food service industry.

1. Information on the Reusable Packaging Mandate

1a. What is meant by the reusable packaging mandate?

The reusable packaging mandate in Germany is a central component of the Packaging Act, which came into force on January 1, 2019. The VerpackG aims to reduce single-use plastic and alleviate environmental impact. Since January 1, 2023, food service businesses in the to-go sector must ensure that they offer reusable packaging alongside single-use packaging. The amendment to the Packaging Act, the so-called reusable packaging mandate or reusable offer obligation, under § 33 and § 34 is intended to further reduce plastic waste and make resource use more sustainable. This is because reusable solutions, unlike single-use packaging, can be reused many times and produce less waste.

1b. Who is affected by the reusable packaging mandate?

The reusable packaging mandate applies to all food service businesses in the to-go sector that offer takeaway food and beverages. This includes:

Restaurants and takeaways,
Cafés and bistros,
Bakeries and patisseries,
Canteens and dining halls,
Delivery services and catering companies,
Grocery stores with to-go offerings,
and also gas stations, cinemas, or other food stores.

Large fast-food chains and supermarkets couldn’t avoid the conversion. For smaller establishments like takeaways, kiosks, and food service businesses with less than 80 square meters and fewer than 5 employees, the reusable packaging offer mandate does not apply. Both conditions must be met. Also, seasonal areas and other seating areas accessible to customers must be included in the calculation. For delivery services, shipping and storage areas are also included. Part-time employees are proportionally calculated: for those working no more than 20 hours, with a factor of 0.5, and for those working no more than 30 hours, with a factor of 0.75. Smaller businesses must ensure that brought-in containers can be filled with takeaway food and that this is visibly communicated, for example, with signs.

1c. Which packaging is affected by the reusable packaging mandate?

The reusable packaging mandate applies to single-use beverage cups and single-use plastic food packaging intended for one-time consumption and made of plastic. According to § 3, paragraph (4b), this includes containers with or without lids for food that is consumed immediately, either on-site or as a takeaway meal, and that is generally consumed directly from the packaging without further preparation like cooking, boiling, or heating. Packaging that does not fall under single-use plastic food packaging includes beverage containers, beverage cups, plates, bags, or foil packaging like wrappers with food content.

Regardless of the material, single-use cups intended for one-time use are also covered by the reusable packaging mandate.

1d. What must be considered when implementing the reusable packaging mandate?

Offering reusable packaging
The alternative reusable packaging must meet the definition from § 3, paragraph 3 of the Packaging Act. Companies can have the suitability as per the definition confirmed by the Central Agency Packaging Register (ZSVR). Decisions on individual cases regarding the classification of a packaging as reusable are accessible there. The reusable packaging must be suitable for repeated use for the same purpose as the respective single-use packaging.

Return logistics
The logistics for return, cleaning, and reuse must be regulated. Various pooling providers have established themselves, offering reusable containers and, depending on the service and system, also handling return or cleaning. Implementing a deposit system has often proven effective.

Mandatory labeling for reusable packaging
It must be immediately apparent to customers that food and beverages can also be offered in reusable packaging, for example, through clearly readable signs.

No disadvantages for reusable packaging
Food and beverages offered in reusable packaging must not be offered under worse conditions or at a higher price than the same sales unit with product and single-use packaging.

Do not transfer products from single-use packaging
Food and beverages in single-use packaging must not be transferred to reusable packaging before being handed over. If a food service business faces the challenge of offering reusable packaging due to an expansion of the business structure, food and beverages already filled in single-use packaging must not be transferred, as the single-use packaging would be disposed of, achieving no reduction in consumption.

1e. Why does the reusable packaging mandate exist?

Particularly fast-food chains and takeaways produce a lot of waste from carelessly discarded single-use packaging. The 2018 study by the Nature and Biodiversity Conservation Union (NABU) identified as much as 68 percent of the waste production from single-use dishes and packaging for on-the-go meals generated by fast-food chains and other food service establishments. “We need a real turnaround in how we handle packaging,” said Federal Environment Minister Steffi Lemke in a press release from the BMUV (Federal Ministry for the Environment, Nature Conservation, Nuclear Safety, and Consumer Protection) on December 13, 2022. Packaging consumption has been rising steadily for years. It was assumed that the reusable packaging mandate would make a significant contribution to reducing waste and promoting environmental protection, especially since consumer interest in reusable packaging was also growing. A real turnaround is yet to be seen.

1f. Are there penalties for non-compliance with the reusable packaging mandate?

Those who do not comply with the implementation of the reusable packaging mandate can be fined up to 10,000 euros. Non-compliance may initially be seen as a competitive advantage since the purchase of reusable tableware initially involves higher costs. However, the use of reusable packaging pays off after just a few uses. Non-compliance is punishable by the relevant authorities as an administrative offense and must also be reported to the Central Agency Packaging Register (ZSVR). Additionally, inspections are carried out to ensure the implementation of the reusable packaging mandate. Non-compliance with the reusable packaging mandate can be an unnecessary cost factor that should be avoided.

1g. Outlook and potentials of the reusable packaging mandate

In addition to the challenges that come with implementing the reusable packaging mandate, there are also opportunities and potentials.

Cost savings
The switch to reusable alternatives pays off after just a few takeaway portions per week. In the long term, the costs for purchasing single-use packaging are eliminated.

Image enhancement
Food service businesses and caterers often enjoy a higher reputation by implementing sustainability practices and can align their image with current trends, improve customer loyalty, and attract new customer groups by offering reusable alternatives.

Economic opportunities
Food service businesses that offer reusable packaging may have advantages in competition and are better prepared for future innovations in the packaging sector.

Sustainable brand loyalty
Food service businesses that focus on sustainability can strengthen their brand by offering reusable containers and attract target groups that value waste reduction.

2. Reusable Packaging Mandate in Practice

2a. How to offset the costs of reusable containers?

Although reusable packaging may come with higher initial costs, according to Section 33 of the Packaging Act, they cannot be offered at a higher price or under worse conditions than single-use packaging. However, simply selling reusable packaging on the side often doesn’t cover costs. Setting up a deposit system can be beneficial. There are already various reusable deposit systems available from different pool providers. Those who do not want to be tied to a specific container as a restaurateur can use the free Mehrweg-App by merways^®, which can also be integrated with delivery services.

2b. How to comply with hygiene rules when cleaning reusable containers?

Hygiene is crucial in the food industry and when handling reusable containers! Many people are reluctant to use reusable packaging that has already been filled with food multiple times. This concern overlooks the fact that the dishes used in a restaurant have also been cleaned many times before. The German Food Association provides training videos and hygiene guidelines for handling reusable cups, containers, and dishes for service staff and catering businesses. At events, specially equipped mobile dishwashers, mobile washing trailers, and mobile washing systems are used for hygienic cleaning of reusable dishes. The following hygiene risks should be considered:

Ensure food safety compliance

The offered reusable packaging must comply with food safety regulations according to Regulation (EC) No. 1935/2004 and Regulation (EU) No. 10/2011.

Optimize filling process

To prevent contamination of cleaned containers, personnel, customers, and reusable dishes should have minimal contact.

Reusable returns

Returned reusable containers can be stored in a collection container or on a tray outside the hygienic area until they are cleaned.

Personnel

Hygiene regulations must be clearly communicated, and staff must be trained on hygiene issues related to the use of reusable containers. If reusable containers from pool systems are used, additional external training may be provided, specifically focusing on handling the respective pool dishes.

2c. How can reusable packaging be recycled?

Reusable packaging can be used many times. However, they will eventually reach the end of their lifecycle. To ensure that no resources are wasted and no waste is generated, there are efforts to recycle reusable packaging as part of the circular economy. Depending on the material, there are various recycling options for reusable packaging.

Mechanical recycling
Through mechanical recycling, plastic waste is processed into secondary raw materials or products without significantly altering the chemical structure of the material. Plastic packaging can be recycled and reused through this process. This is also possible with glass and metals.

Chemical recycling
Chemical recycling is used for plastics that are unsuitable for mechanical recycling. They are broken down into their chemical components, which can be used to produce new products.

Biological recycling
Biodegradable reusable packaging can be composted under certain conditions. Industrial composting facilities turn these materials into compost, which can be used as fertilizer. This is particularly relevant for packaging made from bio-based plastics or natural fibers.

Recycling into useful items
It is also possible to convert reusable packaging into other useful items of higher (upcycling), equivalent, or lower quality (downcycling).

Thus, the recyclability of reusable packaging depends on the material used, the composition of the material, the acceptance of non-sorted returns by manufacturers, and the necessary sorting technology. This is not always possible. If the individual composite materials cannot be separated, incineration takes place.

2d. Is there an obligation to take back issued to-go reusable containers?

The to-go reusable packaging issued by the establishment is subject to the take-back obligation. Meanwhile, providers of reusable pool systems have emerged that provide containers and, depending on the offer, sometimes take care of the return, including cleaning and storage. The use of reusable pool systems makes it easier for catering businesses to comply with the reusable obligation. To amortize the cost of acquiring reusable packaging, it makes sense to set up a deposit system. The return of reusable containers from pool systems not issued by the restaurateurs themselves can sometimes be problematic. Therefore, there are also individual reusable solutions such as the customizable containers, which can be adapted to the respective catering concept with the company’s own slogan and color scheme. By lending their own reusable containers, catering businesses are independent of pool providers.

2e. What should be considered regarding the labeling obligation for reusable packaging?

The offered reusable packaging must be clearly labeled as such to avoid confusion with single-use packaging. In addition, clear and visible information makes it easier for consumers to choose between conventional single-use plastic packaging and environmentally friendly alternatives.

2f. What types of pool systems are available for to-go reusable containers?

Catering businesses can work with companies that provide reusable containers as pool system providers or offer their own reusable dishes for rent or sale. Various systems have been established:

Reusable pool systems

Several catering businesses use the same reusable containers from a reusable pool provider, allowing consumers to return or refill their used reusable dishes at various local providers. The participating catering businesses handle the washing and storage themselves, and the rental is usually managed digitally via an app with a deposit.

Closed pool systems

In closed pool systems, the issued reusable packaging remains within a specific catering establishment, such as McDonald’s or some bakery chains.

Centralized pool systems

Catering businesses receive reusable containers from a regional pool provider and issue them filled with their food to customers. The used containers are returned to machines, which are regularly emptied, cleaned, and delivered back to participating catering businesses by the centralized pool provider.

In-house reusable systems Catering businesses use their own reusable dishes for rental, along with the business’s own deposit system. There are now digital solutions, such as the free Mehrweg-App by merways^®, which allows the rental of their own reusable containers.

2g. What deposit systems for to-go reusable packaging are available?

In a deposit system, consumers pay a specific amount for the reusable packaging, which they get back upon return. This is meant to motivate consumers to return reusable containers. Common types of deposit systems include:

Open deposit systems
In open deposit systems, catering businesses lend reusable dishes with a deposit amount to their customers. The return of the used reusable containers is possible at any participating partner establishment.

App-based systems
Apps are often available for download to manage rentals. Deposit amounts and returns are recorded via the app, with money amounts credited or refunded digitally. Depending on the app, it may be integrated with the cash register system or have a separate interface.

Cash register integration
The cash register system is programmed to automatically add the deposit amount and record the total amount when purchasing. The money is refunded when the containers are returned.

2h. How to prepare staff to handle to-go reusable containers?

Staff must be instructed on hygiene issues related to the use of reusable packaging for to-go meals and informed about the applicable hygiene standards. The business’s hygiene rules must be clearly communicated. This can be supported by written procedural rules. To ensure transparency and documentation, protocols of the cleaning and disinfection processes should be maintained. The German Food Association provides training videos and hygiene guidelines for handling reusable cups, containers, and dishes for service staff and catering businesses. If reusable containers from pool systems are used, external training is sometimes also available.

2i. What to consider when cleaning reusable containers in dishwashers?

In principle, reusable containers can be cleaned in dishwashers along with the establishment’s own dishes. However, there are some important points to consider:

The right cleaning agent
Temperature, time, type, and quantity of the cleaning agent must be chosen to ensure cleaning according to hygiene regulations. Depending on the material, special rinse aids are available, and manufacturers or pool system providers often provide instructions.

Remove food residues
Food residues and waste should be removed from the reusable containers as soon as possible after return to prevent mold and bacteria from forming. Thorough pre-washing with hot water can help remove stubborn grease and food residues.

Strategically place the items in the dishwasher
When loading the dishwasher, ensure optimal placement of the items. There are grids or containers to secure them. Hand washing is not a viable alternative, as it is not effective enough for removing food residues.

Align washing processes with pool provider
If an external company is hired for cleaning, the provider’s instructions for handling reusable containers must be followed. If the cleaning of reusable containers is centrally organized by the pool provider, the pool system operator is responsible for compliance with hygiene regulations.

2j. Are there guidelines for the proper cleaning of to-go reusable containers?

The Arbeitskreis Gewerbliches Geschirrspülen (AK GGS) consists of representatives from various industries. The goal of AK GGS is to provide information for the commercial dishwashing sector. An online practical guide provides information on handling items made of various materials, commercial dishwashers, and more. A summary of the most important DIN and EN standards for cleaning products and dishware is also available. There is also information on cleaning reusable containers made of plastic.

In July 2024, the German standard DIN 10544 ‘Food Hygiene – Commercial Dishwashers – Supplementary Hygiene Requirements and Tests’ was published. It is applicable to DIN EN 17735 ‘Commercial Dishwashers – Hygiene Requirements and Testing’ and covers points such as type testing for the cleaning of drinking vessels, exceptional testing of dishwashers, and testing of cutlery cleaning and cleaning of special dishware carriers. Particularly interesting for catering businesses in the context of the reusable obligation is the added point on cleaning reusable packaging for delivery to and use by consumers. In general, the application of DIN 10544 and DIN EN 17735 protects both the environment and the budget. The document with the standards supplementing DIN EN 17734 can be obtained from the publisher according to AK GGS.

2k. What should be considered when drying reusable packaging?

Many washing systems and dishwashing lines have integrated drying processes that must be tailored to the material of the reusable containers. Depending on the process, separate drying areas may need to be considered. Manual drying with towels is not recommended for hygiene reasons. Reusable dishes and containers should come out of the dishwasher hygienically clean and dry. Manual re-drying should be avoided as much as possible, as this increases the risk of recontamination.

2l. How to hygienically clean reusable containers for to-go food at events?

Reusable packaging for takeaway food is also used at events, festivals, concerts, city festivals, and other public events. These must be hygienically cleaned on-site after return. Mobile dishwashers, mobile washing stations, and washing trailers are designed for flexible washing deployment and can be quickly mobilized as needed. They do not take up much space, can be put into operation quickly, but do require a wastewater connection. Depending on the event and the scope of reusable containers offered, cleaning stations or mobile dishwashers should be placed at central points on the event grounds. This ensures accessibility for visitors and reduces transport efforts. There are various types of mobile dishwashers and mobile washing systems with different equipment.

2m. Monetary or digital – what is the better deposit solution for to-go reusable containers?

The decision between a monetary and a digital deposit solution for reusable packaging in the to-go sector depends on various factors. Here are the advantages and disadvantages of both systems that should be considered:

Advantages of a monetary deposit solution

Established method: Consumers are familiar with this system as it has been in use for decades.
Direct incentives: A clear, immediate financial incentive can increase the return rate.
Simple implementation: Does not require special technology or infrastructure.

Disadvantages of a monetary deposit solution

Cash handling: Depending on the situation, handling cash can be cumbersome.
Risk of loss: Risk of loss or theft of deposit amounts.

Advantages of a digital deposit solution

Convenience: More user-friendly for consumers who are increasingly accustomed to digital solutions.
Efficiency: Reduces the need for cash handling and simplifies logistics.
Traceability: Better traceability and management of reusable packaging through digital records.
Integration: Can usually be easily integrated into existing payment systems and installed on smartphones.

Disadvantages of a digital deposit solution:

Technology dependence: Requires a certain level of technological infrastructure, both on the part of consumers and retailers.
Data privacy: Potential concerns regarding privacy and data security.
Acceptance: Older generations or less tech-savvy individuals may have difficulty adapting.

Depending on the location, technical conditions, and target audience, a hybrid solution is possible to leverage the advantages of both systems.

2n. How to manage the time factor in cleaning reusable packaging?

In catering businesses, catering services, large kitchens, or at small and large events, efficient division of labor is important. The collection, washing, and drying of reusable packaging by staff must also be well-organized to avoid bottlenecks. Separate areas clearly separated from clean dishes can be set up for collecting and pre-washing used reusable containers. This prevents the mixing of clean and dirty dishes, and strategically placed return points help avoid queues. Optimizing cleaning routes from receiving a reusable container to final drying and storage can save time and help ensure compliance with hygiene regulations.

3. What to Consider When Choosing Reusable Containers for Takeaway Food

Reusable containers must endure a lot in daily gastronomic operations and repeated cleaning processes. Which material best meets these demands? What properties should to-go reusable packaging have? What does food compliance mean? This section answers questions about the functional requirements of reusable packaging, their specific properties, and the material used.

3a What material should be used for to-go reusable containers?

Glass, plastic, and stainless steel are common materials for reusable packaging, each with its own advantages and disadvantages in terms of sustainability, functionality, and recycling.

Glass is easy to clean and melt down, but it is not shatterproof and poses a risk of injury.

Stainless steel is lightweight and robust, but it has a high ecological footprint due to long transportation distances and recycling efforts.

Plastics with melamine and BPA are lightweight and durable but pose significant risks to human health and the environment. Due to these risks, many countries have already imposed regulatory restrictions on the use of melamine and BPA. For this reason, manufacturers and consumers are turning to alternatives, including bio-based plastic alternatives such as Bio-Compound, which is used by Greenbox GmbH & Co. KG for many of their reusable products. Bio-Compound is a recyclable composite of natural fibers and bio-polymers, consisting of 98 percent renewable raw materials (Bio-PP content 60 percent, lignocellulose content 40 percent).

3b What does food compliance mean for reusable packaging?

Consumer health is paramount, and thus all food products must meet the highest safety standards. The EU has established regulatory frameworks to protect consumers. All materials that come into direct contact with food must be tested for their food compliance.

According to §31 of the German Food and Feed Code (LFGB), objects must not release substances onto food or its surface in quantities that could:

endanger human health, and
unacceptably alter the composition or the smell, taste, or appearance (e.g., color) of the food.

Regulation (EC) No 1935/2004

The EU Framework Regulation (EC) No. 1935/2004 regulates the general requirements for the safety of materials and objects that come into contact with food. Materials and objects must not release harmful components into food, lead to an unacceptable alteration of the food, or cause any olfactory or taste impairment.

Regulation (EU) No. 10/2011: Materials and objects made of plastic

EU Regulation No. 10/2011 regulates the requirements for materials and objects made of plastic that come into contact with food. It specifies the substances that may be used in the production of plastic food contact materials and sets migration limits for substances from plastics, including a positive list of approved substances.

3c. What is dishwasher resistance?

Reusable containers can be reused many times. Therefore, the material should be suitable for hygienic cleaning conditions. Dishwashers in gastronomy typically clean dishes at around 75°C. To avoid deformation during the washing process, reusable packaging should be suitable for dishwasher cleaning. Products can be either dishwasher-safe or dishwasher-proof. Dishwasher-proof tableware has been officially tested according to DIN standards. Usually, on the bottom of a container, there is the official water jet symbol indicating the number of washing cycles the packaging can withstand without deformation. Dishwasher-safe packaging can be cleaned in dishwashers, but there is a risk of deformation or damage.

3d. What does stackability mean?

Stackability is an important criterion for the functionality of reusable packaging in catering businesses. The term refers to the ability of packaging to be stacked stably on top of or inside one another without damage. This property is particularly useful for efficient storage and transport.

3e. What is meant by leak-proofing?

Leak-proofing is a crucial criterion for reusable containers, especially for take-away, delivery services, and catering. Food is filled into reusable bowls, menu trays, and soup cups, which must be securely packaged for transport. Suitable lids not only provide a secure seal for hot food but also prevent leakage during transport. Greenbox GmbH & Co. KG, for example, has developed suitable lids made of PP for specific products, which securely seal the respective containers and, in their transparent version, also provide a representative view of the food. While the lids for the reusable boxes are attached to the box with hinges, there are round and oval lids for soup cups and menu plates that firmly seal the food with an audible click.

3f. Is customization and product development advantageous for reusables?

The customization of reusable tableware through printing or embossing serves as a means of recognition, can be a smart advertising measure, leave a positive impression, and strengthen the public image. Greenbox GmbH & Co. KG offers not only customization of reusable packaging but also individual product development for those who have not found what they are looking for in the existing range or want to design a customized product line. From reusable bowls and boxes to cups, plates, and other custom-made products, much is possible. Feel free to contact us for individual inquiries and information.