New regulations, new problems: The 13 billion or so disposable packages and cups in which take-away food and drinks are sold in Germany each year are piling up into enormous mountains of waste. This is now to come to an end, with retailers being required by law to switch to reusable packaging. It is not yet clear how the law is to be implemented in the comparatively short time available. The question is whether customers will bear the logical consequences.
Sustainable takeaway business - squaring the circle?
From 2023, a law passed in Germany in 2021 will come into force that makes reusable containers mandatory for the to-go business in the food sector. Cups, bowls and plates must therefore be reusable if they are to be used at all. It would therefore make sense for retailers to develop a reusable solution for all food stores that makes sense and, above all, is sustainable.
There is also agreement on this in principle. The plan is to offer a returnable beverage that is as easy to handle as the deposit on cans: When customers buy a coffee, they receive it in a deposit cup that they can redeem in any store. So much for the theory. In practice, as is so often the case, the situation is much more complex.
Mandatory reuse: Huge market facing (as yet) unsolved problems
A quick coffee on the go, a snack during the lunch break, or a pizza for dinner - to-go offerings are still popular. The topic of to-go offerings was the subject of a market research study conducted by the HEM service station chain in July 2022. 2,182 over-18s were asked about their consumption behavior.
The result: almost a quarter order or buy takeaway food or beverages on site at least once a week. This was primarily coffee and tea, but also baked goods and snacks, cocktails and soft drinks. These offerings are even used regularly by half. Fast food to go, such as hamburgers, sausages, kebabs or French fries, is purchased by 26 percent of participants. Why are these offers so interesting for the German population?
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Apparently, most of those surveyed consume the offerings on their way to work, in the car or during their midday break. In addition to the stress caused by permanent time pressure (63 percent), other motives also play a role:
- the desire for fresh air - 31 percent
- little desire to cook - 22 percent
- Forgotten catering - 21 percent
The idea of covering this obviously large demand for to-go food and beverages with reusable packaging is only logical. Because this problem is also present: 64 percent of those surveyed said they definitely had a guilty conscience about the disposable packaging of the food and beverages they consumed. A quarter of the participants clearly expressed the wish that the issue of packaging should be solved in a more environmentally friendly way - and recyclability plays a major role here.
Political solution: reuse obligation largely unknown
Another exciting aspect that emerged from the aforementioned study: 76 percent of the participants did not know that mandatory reusability will take effect at the beginning of 2023 - and this applies to delivery services as well as to retailers and restaurants with more than 5 employees and a sales area of more than 80 m2.
This legislative initiative is largely welcomed:
- 76 percent of HEM study participants rate the mandatory reusable packaging as sensible and accept the additional expense involved.
- 7 percent of participants feel that disposable solutions are better and that the effort involved with reusable containers is too great.
There are solutions for this: For example, to-go cups can be used up to 1,000 times and corresponding bowls up to 500 times - so the waste mountain could decrease significantly. However, this presupposes that a complete system is changed over. The packaging would have to be taken back, reprocessed and distributed again.
 The HEM chain has already implemented a concept for its 380 stations nationwide: customers can return the reusable packaging here - regardless of which of the service stations with Bistro Vital they had purchased the food and drinks from. However, this is precisely the point where there has been a problem across all sectors up to now. |
So far, the question is whether and when all to-go customers will eventually have it as easy as at a HEM filling station: representatives of the various companies in the wholesale and retail sectors hold regular discussions, but an industry-wide solution is not yet within reach. The only thing there is agreement on is that there will by no means be uniform reusable containers for to-go food and beverages in return for a deposit by the turn of the year.
The reasons? The German Retail Association (Handelsverband Deutschland, HDE) believes that politicians have a responsibility here, since on the one hand the time for implementation is too short, and on the other hand no transitional period has been granted. Ultimately, it would be expedient if both the catering and retail sectors could reach agreement on an overarching uniform deposit system.
Unfortunately, there is no sign of this yet. The bottom line for customers is that reusable packaging will probably have to be returned exactly where it was purchased for quite some time to come. How often will this happen?
Classification of the reusable duty
This packaging law represents only part of the changes passed by the Bundestag in 2021, as the mandatory deposit has also been extended - effective January 1, 2022. Since then, beverages that had been exempt until then have also been affected by the mandatory deposit. These include, in particular, fruit juices without added carbon dioxide.
Accordingly, only milk and dairy products may be sold without a deposit until 2024. The aim of this change in the law is to strengthen
of the reusable system to significantly reduce environmental pollution from packaging.
But there are also stricter conditions with regard to the processed material itself: PET bottles, for example, should have a recycled content of at least 25 percent from 2025. From 2030, this proportion will rise to 30 percent for all beverage bottles made from single-use plastic.
Compulsory reuse in detail - you have to reckon with this
So let's clarify, for the sake of argument, who exactly will be affected by the reusability requirement from 2023 - and who won't. Accordingly, the reuse obligation will apply to the following suppliers:
- Restaurants, cafés, bistros and fast-food chains as well as delivery services with to-go offers
- Canteens, catering providers and company restaurants
Excluded are:
- Suppliers who have less than 5 employees and a sales area of less than 80 m2.
So if you prefer a snack bar, kiosk or late-night shop that meets these conditions, then you can continue to count on disposable packaging. Alternatively, take containers with you, because the providers are obliged to use them.
In contrast, bakery chains, such as those operated at train stations or in large shopping centers, are mostly not covered by this exemption, because they usually employ more than 5 people.
(Theoretical) opportunities of mandatory reuse
It is obvious that the introduction of reusable containers for to-go products could make an enormous contribution to protecting the environment. After all, on the one hand the resources required for production could be saved, and on the other hand a huge amount of plastic waste would be eliminated, only a small percentage of which is recycled so far.
What does the practice look like? In the best case, the waste is incinerated and thus at least provides energy. In the worst case, the plastic ends up somewhere in nature and even in the food chains of humans and animals via microplastics.
Retailers and restaurants see even greater potential in the mandatory reusable system: with deposit containers, customer loyalty is strengthened because buyers have to return them. Should a restaurant, catering provider or chain decide to use its own system, the containers could be designed in the corporate design, thus improving recognizability.
The issue of sustainability should not be underestimated either; with the switch to reusable containers, new and above all environmentally conscious target groups could therefore become interested in an offer. And then there is the question of costs, which is particularly relevant for smaller businesses: if they join a reusable system, this opens up the possibility of savings.
But hand on heart: How would you deal with reusable tableware in everyday life, for which you only receive the paid deposit where you bought the food and drinks? If you first have to research whether this option is available in your area, it's even less likely that you'll send the containers for recycling - right? |
(Not to be underestimated) risks of mandatory reuse
If laws are not complied with, there is a threat of sanctions - this is no different with the mandatory reusable packaging that will come into force in 2023: If a supplier does not comply with the requirements, he gains a competitive advantage, because disposable packaging is cheaper in the short term. This saves costs and, of course, also the effort of taking back the reusable packaging, cleaning it, and using it again.
For this reason alone, violations of the law are likely to be punished under both administrative and civil law. Accordingly, the fines can amount to up to 100,000 euros.
 If it is found that unregistered packaging is placed on the market or that quantity notifications are missed, there is even a threat of fines of up to 200,000 euros! |
That is not all: competing companies in the same market segment, the Chamber of Industry and Commerce (IHK) and relevant associations may not only demand information on the quantities of previous sales and their recipients, but even the cessation of operations. Even claims for damages may arise if companies evade the new statutory regulations.
Such processes naturally mean the cessation of further sales. The issue is important, no question, but implementation that would be truly effective is currently lagging behind the legal requirement.
Conclusion: Compulsory reuse - well thought out, so far inadequately implemented
The necessities for such a duty are obvious and are certainly plausible for the majority of the population. However, some practical questions arise as long as there is no uniform reusable system across all sectors here - and we are obviously still a long way from that. Of course, companies could invest in their own reusable containers and use them for marketing purposes.
However, whether customers then set out every time to take them to collection points is another problem. It is much more likely that the deposit will be paid, but the containers will still end up in the trash - and that can't be good for anyone involved.
 Sustainability in packaging can be implemented not only through a reusable system. If you would like to get a more detailed insight into the topic of sustainable packaging, we recommend that you take a look around our website. |
