Prepackaging regulation

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Basic data
Title: Regulation on prepackages
Short title: Prepackaging regulation
Abbreviation: DonePackV, FPackV
Type: Federal Ordinance
Scope: Federal Republic of Germany      
Legal matter: Food law , trade law
References : 7141-6-1-6
Original version from: December 18, 1981
( BGBl. I p. 1585 ,
ber. 1982 I p. 155 )
Entry into force on: December 31, 1981
New announcement from: March 8, 1994
( Federal Law Gazette I p. 451 ,
ber.p. 1307 )
Last change by: Art. 28 VO of July 5, 2017
( Federal Law Gazette I p. 2272, 2289 )
Effective date of the
last change:
July 13, 2017
(Art. 29 of July 5, 2017)
Please note the note on the applicable legal version.

The prepackaging ordinance , abbreviated ReadyPackV or FPackV, regulates all issues in Germany that must be taken into account by the manufacturer when filling products in prepackages up to currently 10 kg. These requirements apply to all prepackages, not just to prepackages for delivery to the end consumer . The prepackaging ordinance came into force in 1981. Previously, the minimum value requirement applied , which is still valid today in some states of the USA, for example .

In Austria there has also been a prepackaging ordinance, abbreviated as FPVO 1993, since 1993. This regulates the filling volume and minimum weights of both measuring containers and prepackages. The test regulations, sampling method and packaging labeling, and thus the implementation of the EU prepackaging directive (76/211 / EEC) are also regulated.

Definitions

Prepackaged

"Pre-packaged goods are products in packaging of any kind that are packed and sealed in the absence of the buyer, whereby the amount of the product contained therein cannot be changed without opening or noticeably changing the packaging."

Final consumer

The final consumers include B. households, restaurants and canteens. Commercial processors (e.g. bakeries, pasta manufacturers) are not end users.

method

In principle, all products that are sold in Germany and Europe must be checked for their content and these checks must be documented. How a manufacturer carries out these tests and how they are documented is up to him. However, as the legal text says, the tests must "be carried out regularly in accordance with generally recognized rules of statistical quality assurance ". Furthermore, the check must be carried out with a suitable (mostly calibrated ) control measuring device and a generally recognized measuring method.

§ 22 of the Ready Packing Regulation:

Capacity requirements for labeling by weight or volume
(2) Pre-packs with the same nominal filling quantity labeled by weight or volume may only be brought into the scope of this Ordinance for commercial purposes if the filling quantity is at the time of manufacture
1. does not fall below the nominal capacity on average and
2. does not exceed the values ​​specified in paragraph 3 for the negative deviation from the nominal filling quantity.
The "e" after the nominal filling quantity of 400 ml indicates that deviations from this quantity comply with the tolerances of the prepackaging ordinance.

The permissible minus deviations are graded according to the nominal filling quantities and are:

  • for nominal filling quantities 5 - 50 g or ml: 9%
  • for nominal filling quantities 50 - 100 g or ml: 4.5 g or ml
  • for nominal filling quantities 100 - 200 g or ml: 4.5%
  • for nominal filling quantities 200 - 300 g or ml: 9 g or ml
  • for nominal filling quantities 300 - 500 g or ml: 3%
  • for nominal filling quantities 500 - 1,000 g or ml: 15 g or ml
  • for nominal filling quantities 1,000 - 10,000 g or ml: 1.5%

advantages

These rules have advantages for the consumer , but also for the producer himself. This regulation ensures that the consumer, with the permitted fluctuations described, actually receives the amount paid for, without checking this himself and, in case of doubt, taking legal action before a court to have to raise.

The producer naturally endeavors to give as little of his expensive products as possible to the consumer unpaid. For him, the admissibility of small deviations downwards for individual packagings (if the average quantity in all packagings does not deviate downwards) creates an instrument for optimizing his own production, i.e. H. Bringing the average filling quantity of a product as close as possible to the declared nominal filling quantity - optimizing the filling process. Otherwise, he would have to fill in a higher amount on average to ensure that no packaging falls below the specified fill quantity.

responsibility

Compliance with the legal regulations is enforced by the local calibration authorities . These calibration authorities carry out spot checks on products at regular intervals . If individual manufacturers receive negative results, the controls are tightened. In the worst case, production can be shut down. Normally, however, "the market" regulates this very quickly, since manufacturers are not interested in receiving negative press.

Depending on the size and production volume of pre-packaged products, random samples can be taken from ongoing production. These are carried out either with a non-automatic (static) scale installed next to the production line or, in the case of high production volumes, with a dynamic or automatic scale integrated directly into the production line.

Since the prepackaging ordinance has established itself as an integral part of quality assurance , many scale manufacturers offer scales and software that support the manufacturer of prepackaged products with the regular tests. By using these systems, manufacturers can prove to the end user at any time how quality assurance has worked. As required by the Verification Act , it is a generally recognized procedure.

Individual evidence

  1. Regulation text ReadyPackV 1981 (PDF file; 128 kB).
  2. Austrian regulation text for prepackaging regulation FPVO 1993 .

literature

  • Legal basis for prepackaging law from Behr's-Verlag
  • Commentary on prepackaging law - calibration law, prepackaging regulation and price quotation law , Volume 1, as of June 1, 2006, publisher: Dr. Arthur Strecker, Behrs-Verlag.