Within the meaning of the Verpackungsgesetz (Packaging Act), the producer subject to registration is generally the party that is the first to commercially fill packaging with goods and place it on the German market.
The material meaning of the term 'producer' goes beyond the interpretation of that term found in practice, namely that only the party producing a product is the producer. There are many circumstances under which a retailer/distributor will be classified as a producer. Examples include the following:
- retail companies that have a contract manufacturer produce packaged goods, with the packaging bearing only the name of the retail company ('Who is considered to be the distributor in the case of own brands retail?')
- Retail companies located outside Germany that export packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border
- Retail companies located within Germany that import packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border
- International mail order companies that export packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border
- Domestic mail order companies that import packaging filled with goods into Germany, and that are legally responsible for the goods at the time they cross the border
- Mail order companies that fill shipment packaging with goods and send it to final consumers
- Companies that have commissioned a fulfilment service provider pursuant to section 3 (14c) VerpackG (Packaging Act)
Further information about the term 'producer' can be found in this graphic.
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