The reusable-offer obligation (§§ 33, 34 VerpackG, since 1 January 2023) requires businesses selling take-away food or drinks in single-use plastic packaging or single-use cups to offer a reusable alternative — at no higher price and no worse conditions. Small businesses (max. 80 m² sales area AND at most five employees) are exempt from the offer duty — but must instead fill customers' own containers and display a visible notice.
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As of mid-2026, not legal advice. Mind the double regulation: independently, the single-use plastics ban applies (no styrofoam, no plastic cutlery) and municipalities add local to-go rules.
| Requirement | In practice |
|---|---|
| Same price | The reusable option may not cost more than single-use — a deposit is fine (refunded), a surcharge is not. |
| Same conditions | Same portion size, same range — the "reusable punishment portion" is not permitted. |
| Visible notice | Clearly readable info in-store (and online in the ordering flow!) that reusables are available. |
| Take-back | Own reusable containers must be taken back; with pool systems, the pool handles it. |
| Small businesses (exemption) | ≤ 80 m² AND ≤ 5 employees: no offer duty, BUT a duty to fill customers' containers + notice. |
The offer duty attaches to single-use PLASTIC: plastic-coated composites (pizza boxes with film, coated cups) count. Pure aluminium or uncoated paper packaging falls outside §§ 33/34 — but remains LUCID-relevant.
Fines up to €10,000 (missing reusable offer) and up to €100,000 for register violations — plus warning-letter risk from competitors and environmental associations. Enforcement is by spot checks and complaints.
No — only containers you issue yourself (or your pool at its return points). Joining a widespread pool, however, raises return convenience and thus usage.
Exempt small businesses: yes (their substitute duty). Everyone else: not obliged, but allowed and sensible — hygienically clean via filling without container contact with work surfaces, noting that container cleanliness is the guest's responsibility.