Packaging Ordinance Section 3 Definition of Terms

Packaging Ordinance Section 3 Definition of Terms

(1) Within the meaning of this Ordinance the following definitions shall apply:

1. Packaging: Products manufactured from materials of any nature for the containment, protection, handling, delivery or presentation of goods, which may range from raw materials to processed products and are passed on by the manufacturer to the distributor or final consumer. The definition of “packaging” shall be further based on the criteria set out in Annex V. The items also listed in Annex V are illustrative examples of the application of these criteria.

2. Sales packaging: Packaging that is made available as a sales unit and arises at the final consumer. Sales packaging within the meaning of the Ordinance shall also include such packaging provided by retailers, restaurants and other service providers as facilitates or supports the transfer of goods to the final consumer (service packaging) and disposable dishes.

3. Secondary packaging: Packaging that is used as packaging additional to sales packaging and is not necessary for transfer to the final consumer for reasons of hygiene, durability or the protection of goods from damage or contamination.

4. Transport packaging: Packaging that facilitates the transport of goods, protects the goods from damage during transport or is used in the interest of transport safety and arises at the distributor.

(2) Drinks packaging within the meaning of this Ordinance is closed or mainly closed packaging for liquid foodstuffs within the meaning of section 2 subsection (2) of the Food and Feed Code (Lebensmittel- und Futtermittelgesetzbuch) intended for consumption as drinks, with the exception of yoghurt and kefir.

(3) Reusable packaging within the meaning of this Ordinance is packaging that is intended to be reused several times for the same purpose. One-way packaging within the meaning of this Ordinance is packaging that is not reusable packaging.

(4) Ecologically advantageous one-way drinks packaging within the meaning of this Ordinance is:

- Drinks carton packaging (brick packs, gable-top cartons, cylindrical packaging),

- Drinks packaging in the form of polyethylene bags,

- Stand-up bags.

(5) Composite packaging within the meaning of this Ordinance is packaging made of different materials which cannot be separated manually and none of which exceeds a share of 95 percent by weight.

(6) Emptied packaging within the meaning of this Ordinance is packaging of which the contents have been exhausted in the designated manner.

(7) Pollutant-containing products within the meaning of this Ordinance are

1. substances and preparations which if sold in the retail trade would be subject to the ban on self-service pursuant to section 4 subsection (1) of the Chemicals Prohibition Ordinance (Chemikalienverbotsverordnung);

2. plant protection products within the meaning of section 2 No. 9 of the Plant Protection Act (Pflanzenschutzgesetz) which under the Hazardous Substances Ordinance (Gefahrstoffverordnung) are labelled

a) as very toxic, toxic, oxidising or highly flammable or

b) as harmful to health and labelled with R-phrases R 40, R 62, R 63 or R 68,

3. preparations of diphenylmethane-4,4’-diisocyanate (MDI), insofar as such preparations are to be labelled as harmful to health and with R-phrase R 42 pursuant to the Hazardous Substances Ordinance (Gefahrstoffverordnung) and are put into circulation in pressurised gas packaging.

(8) Manufacturer within the meaning of this Ordinance is anyone who manufactures packaging, packaging materials or products from which packaging is directly manufactured, and anyone who imports packaging into the territorial scope of this Ordinance.

(9) Distributor within the meaning of this Ordinance is anyone who puts into circulation packaging, packaging materials or products from which packaging can be directly manufactured, or goods in packaging, at whatever level of trade. Distributor within the meaning of this Ordinance also includes the mail-order trade.

(10) The catchment area of the manufacturer or distributor shall be taken to be the territory of the state in which the goods in packaging are put into circulation.

(11) Final consumer within the meaning of this Ordinance is anyone who does not further resell the goods in the form delivered to him. Private final consumers within the meaning of this Ordinance are households and comparable places where packaging arises, especially restaurants, hotels, canteens, administrations, barracks, hospitals, educational establishments, charitable institutions, premises used by members of the liberal professions and typical places in the cultural sector where packaging arises, such as cinemas, opera houses and museums, as well as typical places in the leisure sector where packaging arises, such as holiday complexes, leisure parks, sports stadiums and service areas. Comparable places within the meaning of the second sentence above include farms and craft trade businesses from which the removal of waste can take place via standard household collection containers for paper, cardboard and light packaging by means of not more than one 1100-litre emptiable container per substance group at the usual household collection intervals.