Specifications without name attribution (identifying markers such as the approval number or health mark in accordance with Regulation (EC) 853/2004 for foodstuffs or even the registration number of the LUCID Packaging Register) are not considered name attribution within the meaning of section 3 (9) VerpackG. For this reason, identifying markers that refer to a company other than the one mentioned on the packaging cannot rule out application of section 3 (9) VerpackG on their own. Section 3 (9) VerpackG must be applied if the other requirements are met.
If sales packaging is placed onto the German market on behalf of a (retail) company using its (own) brand and/or name without naming the filling company on the packaging, it is the ordering party and not the filling party in that case that is to be classified as the producer / initial distributor if the packaged goods are also handed over to the ordering party. In such cases, the ordering party must undertake system participation and registration and is considered the producer within the meaning of the Verpackungsgesetz.
Identifying markers can often allow conclusions to be drawn through research about the company marked. They typically bear no relevance under packaging law. In any case, further steps are required with identifying markers to determine the company marked. For this reason, if the name of the other company is not indicated, identifying markers do not lead to non-applicability of section 3 (9) VerpackG. Identifying markers are required under food law for some foodstuffs in particular to indicate origin but they bear no relevance under packaging law.
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