Plastic Law Obligations for Online Retailers & Private Label Brands

Obligations Many Companies Underestimate

The Single-Use Plastics Fund Act (EWKFondsG), colloquially known as the Plastic Act, affects far more than just traditional producers.

Online retailers selling in their own online shops or on platforms like Amazon, eBay, or Etsy, importers, and private label operators (private label brands, without filling by a contract filler) are also in focus – and often need to act faster than they realize.

The consequences of non-compliance: high fines, sales bans, and reputational damage.

In this article, we show you:

• Which obligations apply to different types of companies
• Which deadlines you must meet
• How to implement the requirements simply and legally compliant with DIVID quantity reporting

Who is affected?

The EWKFondsG defines the term manufacturer very broadly. Particularly affected are:

1. Online Retailers

Regardless of whether you sell through your own shop, marketplaces like Amazon, or platforms like eBay: Anyone who places single-use plastic products (plastic packaging) on the market in Germany for the first time according to the Single-Use Plastics Fund Act falls under the Act.

Examples:

• Amazon sellers with food packaging (e.g., gummy bears, chocolate, beef jerky, lollipops), if self-filled.
• Webshop with plastic food packaging, if self-filled or imported
• Dropshipping providers from abroad

2. Importers

Anyone who imports single-use plastic products from the EU or from third countries (e.g., China, USA, Malaysia) into Germany is automatically considered a manufacturer.

Examples:

• Importer of wet wipes with plastic content
• Wholesaler for plastic carrier bags, plastic cups
• Food importers with plastic packaging

3. Private Labels / Private Label Fillers

Anyone who sells products under their own brand name bears full responsibility according to the German Packaging Act – even if production is outsourced. This particularly applies to private labels that are filled with food by the producer. However, the Single-Use Plastics Fund Act (EWKFondsG) makes a crucial distinction here: 

Only those who fill goods into single-use plastic products, such as stand-up pouches and doy-packs, are considered manufacturers under the Act.

In this case, the brand owner is not responsible for the quantity reporting, but rather the filler / co-packer who fills the plastic packaging.

Examples:

• Producer of wine gums fills for supermarkets with private label packaging
• Producer manufactures branded disposable cups for a beverage brand
• Butcher produces and fills snack sausages as a private label for Amazon sellers
• Co-packer receives beef jerky from a producer and fills it into sealed edge bags for a customer (Amazon seller). Here, the co-packer is the manufacturer, as they are the filler of the food

Your Core Obligations under the EWKFondsG (Plastic Act)

Whether you are a retailer, importer, or co-packer – the same basic obligations apply:

1. Registration with the Central Agency for Packaging Register (ZSVR)
   → via the LUCID portal
2. Registration with the DIVID platform of the German Environment Agency → via Elster certificate
3. Annual quantity reporting
   → by May 15 of the following year on the DIVID platform
4. Audit obligation
   → if certain quantity thresholds are exceeded by an accredited auditor
   → DIVID quantity reporting mediates and coordinates this audit
5. Timely submission of all documents
   → including audit-relevant evidence

Typical Mistakes That Become Costly

❌ Ignorance of being affected – Many retailers do not realize that they too are considered manufacturers. Therefore, inform yourself precisely whether you need to submit a DIVID report and have your plastic quantities audited.

❌ Incorrect or incomplete quantity reporting – leads to additional claims or fines. Prepare your data well so that it can be audited quickly and comprehensibly by an accredited auditor.

❌ Too late commissioning of an auditor – Missing deadlines can be costly. We recommend initiating the commissioning for the quantity audit according to §11 EWKFondsG as early as possible in the year. Experience shows that inquiries increase towards the deadline. This can lead to longer processing times. A timely submission cannot then be guaranteed.

💡 Solution: With DIVID quantity reporting, you receive checklists, templates, and a digital workflow for simple implementation.

Important Deadlines

• May 15 – Submission of quantity reporting for the previous year
• May 15 – Submission of audit confirmation (if an audit is required)
• Payment deadline – after fee notice from the ZSVR

Why you should use DIVID quantity reporting

We are your partner for digital, timely, and legally compliant EWKFondsG fulfillment:

• Specialized in retailers, e-commerce & private label fillers / co-packers
• Accredited auditors from our network – You don't have to search for a suitable auditor
• Fully digital processing – no paper, no long routes, everything online
• Particularly suitable for international companies without a registered office in Germany (via reporting by an authorized representative)

⚠️ Consequences of Violations

• Fines up to €100,000
• Sales bans for affected products
• Exclusion from marketplaces like Amazon or eBay
• Loss of reputation with customers and partners

Conclusion: Fulfill obligations now, avoid risks

Whether you are an online retailer, importer, producer, or co-packer – the EWKFondsG affects you as soon as you place single-use plastic products on the market in Germany for the first time.

With DIVID quantity reporting, you fulfill all legal obligations simply, securely, and on time – and save yourself costly mistakes.

 

Book your audit now!