Offer consumers the option of take-away food and drink in reusable packaging within a re-use system, at no higher cost and on no less favourable terms than single-use, informed at the point of sale; from 2030 endeavour to offer 10% of products in a reusable format.
Final distributors in the HORECA sector selling take-away food and drink must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 33, in the Packaging and Packaging Waste Regulation. as of 2026-08-18
- The act gives its timing as: By 12 February 2028; 10% endeavour from 2030 (Art. 33(1) and (5)). as of 2026-08-18
- It names 2 industries by name: Hotels and restaurants and Retail. as of 2026-08-18
- Compliance is checked by none, continuous. as of 2026-08-18
What changes
HORECA above micro size. Heavier than Art. 32 because it requires an actual re-use system -- collection, washing, logistics -- not merely accepting a customer's container.
The rule
making take-away beverages or ready-prepared food available
Offer consumers the option of take-away food and drink in reusable packaging within a re-use system, at no higher cost and on no less favourable terms than single-use, informed at the point of sale; from 2030 endeavour to offer 10% of products in a reusable format.
Who is affected
Burden drivers
Art. 33(4) exempts final distributors falling within the micro-enterprise definition in Recommendation 2003/361/EC as applicable on 11 February 2025. An eligibility carve-out on this duty, not a separate benefit -- and note it does NOT extend to the Art. 32 bring-your-own-container duty.
Source text
final distributors that conduct their business activity in the HORECA sector and that make available on the territory of a Member State hot or cold beverages or ready-prepared food in take-away packaging shall give consumers the option of obtaining the products in re-useable packaging within a system for re-use.
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