An operator may refuse to fill a customer's own container where the refill rules are not met -- in particular where the container is unhygienic or unsuitable for food or drink -- and bears no liability for hygiene or food-safety problems arising from a container the customer supplied.
Economic operators offering refill are given a right, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 28(4), in the Packaging and Packaging Waste Regulation. as of 2026-08-18
- The act gives its timing as: From 12 August 2026 (Art. 71). as of 2026-08-18
- It names 2 industries by name: Retail and Hotels and restaurants. as of 2026-08-18
- Compliance is checked by none, per refill. as of 2026-08-18
What changes
Retail and HORECA refill operators. The liability shield is the operative half: without it the refill duties in Arts. 32 and 33 would carry an uninsurable food-safety exposure.
The rule
an end user presenting a container that does not meet the published rules for refill
An operator may refuse to fill a customer's own container where the refill rules are not met -- in particular where the container is unhygienic or unsuitable for food or drink -- and bears no liability for hygiene or food-safety problems arising from a container the customer supplied.
Who is affected
Burden drivers
No size threshold.
Source text
Economic operators may refuse to refill a container provided by the end user if the end user does not comply with the rules for refill communicated by the economic operator pursuant to paragraph 1, in particular if the economic operators consider the container to be unhygienic or unsuitable for the sale of food or drink. Economic operators shall bear no liability for hygiene or food safety issues that arise from the use of containers provided by the end user.
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