The DIVID law (EWKFondsG) is one of the most underestimated compliance obligations for manufacturers and importers of food products in Germany. While LUCID and the dual system are familiar to most sellers, DIVID regularly causes surprises — especially in the confectionery sector.
This post walks through a real practical case: a Belgian confectionery manufacturer with several product lines faced the question of which of its packaging fell under the EWKFondsG.
What is DIVID and what is it about?
The Single-Use Plastics Fund Act (EWKFondsG) obliges manufacturers of certain single-use plastic products to pay into a state fund that finances the cost of cleaning public spaces. The fund is called DIVID. The key difference from the Packaging Act: DIVID doesn't just ask about the material, it asks about the consumption context.
The product range: four different cases
Our client sells: bars in flexible composite film, praline boxes made of cardboard with a plastic liner, biscuits in film bags, and biscuits in cardboard boxes.
Bars in flexible film → DIVID: yes
Bars in flexible composite film are the classic DIVID-liable product. Composite films containing plastic count as single-use plastic under the EWKFondsG. The decisive factor is the consumption context: bars are typically bought and eaten as an on-the-go snack. The packaging frequently ends up in public spaces — exactly what DIVID finances.
Conclusion: bars in flexible film → DIVID registration required.
Praline boxes made of cardboard → DIVID: no
Praline boxes are bought as gifts or for home use. They aren't consumed on the street. The packaging ends up in household waste, not in public spaces. Cardboard is also not single-use plastic under the law.
Conclusion: cardboard praline boxes → no DIVID, only LUCID.
Biscuits in film bags → DIVID: likely
Biscuits in film bags, especially smaller portion packs, are often eaten as an on-the-go snack. Flexible film is single-use plastic, and the consumption context is potentially outdoor. A DIVID obligation is likely here.
Conclusion: biscuits in film bags → DIVID assessment required.
Biscuits in cardboard boxes → DIVID: no
Cardboard boxes of biscuits are designed for home use. Same logic as the praline boxes.
Conclusion: biscuits in cardboard → LUCID only.
The core principle
It isn't the material alone that determines the DIVID obligation, but the question: is this product typically consumed in a way that means the packaging ends up in public spaces? A blanket statement — "we're a confectionery manufacturer, so we must pay DIVID" — is wrong. It comes down to the individual product.
We help assess your product range and register with DIVID and LUCID. Get in touch for a free initial assessment.