With growth, many companies are choosing to introduce their products to foreign markets. This is also linked to the strong growth of the e-commerce industry, which very often targets foreign markets. In today's article, we will focus on the introduction of products to Germany, while also focusing on the basic subject of products, i.e. their packaging and labelling.
Principles of packaging policy
This year, the German legislator amended the 'packaging' law Verpackungsgesetz. The amendment placed greater responsibility on manufacturers and distributors. Among other things, the amendment introduced new composition and recycling obligations for packaging.
Below you will find the most important legal aspects concerning the requirements from the indicated law.
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Appointment of an authorised representative
For foreign entrepreneurs marketing products in Germany, an obligation to have a representative in Germany has been introduced. This applies to companies that do not have their registered office or branch in Germany. This representative takes care of the registration in the LUCID system on behalf of the entrepreneur.
LUCID is the packaging register of the Central Packaging Registration Agency.
Entry in the system is subject to:
-producers
-sellers who introduce goods in packaging bearing the company logo
-importers
-Online shops registered outside Germany that deliver directly to consumers.
Traders selling through platforms such as min. Amazon, eBay, Otto, Alibaba, Rakutne, etc. are required to post their LUCID number on the portal.
If the trader does not have a LUCID number, the e-commerce platform may ban him from selling through it.
Which packages do not need to be registered:
-usually not collected as waste from end consumers, e.g. board game boxes
-large industrial packaging
-transport packaging, e.g. pallets
-reusable packaging
-beverage containers covered by a deposit
-retail packaging for hazardous waste
ATTENTION: If an entrepreneur fails to register with LUCID, contrary to the existing obligation, a fine of up to €200,000 may be imposed on him. In addition, he may be banned from selling any products in Germany and on e-commerce platforms.
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Obligation of a refundable deposit
When bringing food products into Germany, it is essential to bear in mind the obligation of a so-called returnable deposit. This obligation applies to all single-use plastic bottles and cans. Milk producers will be subject to this obligation from 01.01.2024. Until then, they are obliged to register with LUCID.
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Composition of PET packaging
As far as PET packaging is concerned, its composition and, more specifically, the minimum recycled content has been regulated. According to the regulations, from 01.01.2025 as much as 25% of packaging will have to be recycled. This regulation does not apply to glass bottles, which only have a plastic or metal cap.
After a concise analysis on packaging, one can move on to the no less important aspect of product labelling.
Labelling
In terms of labelling, it is important to emphasise that German regulations must comply with EU regulations, more specifically EU Regulation 1169/2011.
This regulation has strictly regulated standards for the information that must be included on food labels to ensure transparency and consumer protection.
It is worth noting at the outset that a trader importing food products into Germany is required to affix a label in German to the product. Failure to comply with at least this requirement may result in financial penalties.
According to the wording of the regulation, the products must contain at least:
-name of the food
-list of ingredients
-quantity of specific components
-net quantity of food
-storage conditions
-name of company operating in the food sector
-country of origin
-Instruction for use
-nutritional information
The nutritional value of the product should be given in table form. However, it may happen that the packaging is too small. In such cases, the information shall be given in linear format. The information should be in a font size of at least 1.2 mm.
In addition, allergen information should be specified in the list of ingredients. Allergens should be listed using a different font, letter size or background.
In Germany, there are also 'Bio' organic labels, which are intended to inform the consumer that a product comes from organic cultivation or breeding that meets higher environmental and animal welfare standards.
There is also an obligation to inform the consumer that a food product has been genetically modified.
The labels themselves should be printed in a minimum font height of 1.2 mm. If the largest area of the packaging is less than 80 cm2, the regulation provides for the possibility to use 0.9 mm font.
However, it may happen that the packaging has an area of less than 10 cm2. In such situations, the label should indicate:
-name of the food
-substances and products that cause allergy
-net quantity of food
- minimum durability date or 'use by' date
Last but not least, we will mention the planned changes , concerning the labelling of the expiry date of the product.
In common parlance, it is possible to see the indications : "should be consumed by" and "best consumed before".
In the opinion of EU authorities, such labelling is misleading for consumers. Therefore, work is still ongoing to harmonise the system for indicating the expiry dates of food products.
One of the proposed changes was to mark the minimum durability date in green and the best-before date in red.
Consideration is also being given to dispensing with the indication of a minimum expiry date altogether.
As part of the consideration, it is also planned to oblige manufacturers to include a nutritional table on the front of the label.
As we have shown, introducing products into the German market is not a simple process, especially when talking about packaging and labelling regulations. If you are planning to expand abroad as part of your business, we invite you to contact us! We will try to tailor the best legal solutions for you, so that you can focus solely on other sales issues.
