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, for example:

• 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 (subject to system participation for primary and shipment packaging);
• 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 (subject to system participation for primary and shipment packaging);
• foreign 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 (subject to system participation for primary and shipment packaging);
• domestic mail order companies that import packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border (subject to system participation for primary and shipment packaging);
• a mail order companythat fills shipment packaging with goods and sends it to final consumers (subject to system participation for the shipment packaging).

 

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