In the case of own brands, the legal status of the initial distributor may differ from that of the party who is the first to actually fill the packaging with goods, if a so-called third party commissions the filling. An example for filling/packaging at the instruction of a third party is a retail company that has a contract packager / contract manufacturer fill/package the goods. If the packaging bears only the third party's name or brand, then this third party is the producer subject to registration and system participation. The precise information shown on the packaging is the deciding factor. It is only in cases where the contract packager cannot be ascertained from the packaging that the producer status is transferred to the ordering party (third party).
If the name of the contract packager appears with the phrase 'produced for [name/brand of retail company]', it is the contract packager who is the initial distributor / producer and therefore the party subject to registration and system participation.
Labelling (e.g. as may be required under food law) that does not indicate the name (identifying marker) does not constitute the naming of the contract packager; the third party therefore remains subject to registration and system participation.
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