Private label? PPWR responsi­bility lies with the retailer

Private label is not only about who makes the product. The name on the packaging also matters. If a retailer puts its own brand on a product, FNLI says that also comes with legal responsibility. This is relevant for food producers that supply supermarkets.

Role division under PPWR

The Packaging and Packaging Waste Regulation introduces new obligations for the packaging chain. Some parts still leave room for interpretation. According to FNLI, the regulation is clear about the division of roles between producers and retailers.

For A-brands, the food producer is considered the manufacturer. The retailer then acts as the distributor. With private label, the division of roles is different. In that case, the retailer acts as the manufacturer. The food producer then has the role of supplier.

That difference has practical consequences. The manufacturer states its name and address on the packaging. It also carries out the conformity assessment. In addition, it draws up and keeps the declaration of conformity. Upon request, it must submit this documentation to a supervisory authority.

Pressure on suppliers

FNLI sees that some retailers still place this responsibility with suppliers. Suppliers receive letters asking them to take over obligations. According to FNLI, these are tasks that fall to the manufacturer under the PPWR. Sometimes this happens under strong commercial pressure.

FNLI calls this incorrect and undesirable. Retailers cannot shift their legal role through contracts or purchasing conditions. This applies when they place products on the market under their own brand. FNLI sums it up as follows: “Private label does not mean: own brand, someone else’s obligation.”

Obligations for distributors

Distributors also have obligations under the PPWR. They must exercise due care in checking whether packaging complies with the rules. To do so, they may need information or confirmation from the manufacturer.

Drawing up or keeping the declaration of conformity is not, in principle, part of that. That responsibility lies with the manufacturer. Does a retailer place packaging or packaged products directly from outside the EU on the EU market? Then it acts as the importer. For those products, the PPWR obligations apply to importers. 

Fnli.nl