Waste of food: Greens and FDP for “containers” without penalty

Status: 01/10/2023 09:11 a.m

In addition to the Greens, the FDP is now also campaigning to no longer criminalize “containers” – at least in most cases. Ministers Buschmann and Özdemir are campaigning together for a change in criminal law.

Justice Minister Marco Buschmann from the FDP and Agriculture Minister Cem Özdemir from the Greens are jointly campaigning for a change in the criminal and fine procedures for the “container”. The aim is to generally no longer punish people if they take edible food out of waste containers.

According to the joint initiative of the ministers, punishment is only planned if there is a trespassing “which goes beyond overcoming a physical obstacle without developing a significant effort or at the same time fulfills the offense of property damage”.

In concrete terms, this means that anyone who breaks open and damages a gate while looking for food that can still be eaten would still have to expect a penalty. But anyone who climbs over a low wall to get to the waste container of a supermarket should no longer be prosecuted. In a joint letter to the justice ministers and senators of the federal states, Buschmann and Özdemir advocate supporting a corresponding proposal by the state of Hamburg in 2021. In 2019, a similar initiative by Hamburg failed at the conference of justice ministers.

Buschmann: Must not be prosecuted

Özdemir had previously advocated that the rescue of food from waste containers and garbage cans should remain unpunished. Buschmann also said: “If people take discarded food home with them without committing damage to property or trespassing, then in my opinion there is no longer any need for criminal prosecution.”

According to Özdemir, the proposed changes to the procedural law guidelines could be one of many building blocks in the fight against food waste. “The federal states can also make a concrete contribution here,” he said.

Food waste in Germany

In 2019, the Federal Ministry of Agriculture presented a national strategy to reduce food waste. The aim is to halve the amount of food thrown away per capita by 2030. Steps from the field to the trade are planned for this.

According to the Federal Statistical Office, around eleven million tons of food waste were generated in 2020. Every consumer throws away around 78 kilograms of food a year. However, this includes unavoidable items such as nut and fruit shells, coffee grounds, bones and spoiled items.

Food is destroyed in the following areas:

– 200,000 tons of waste or two percent of the total amount is generated in the production of food.

– Processing produces 15 percent (1.6 million tons).

– Seven percent (800,000 tons) of food waste is generated in retail.

– Out-of-home catering accounts for 17 percent (1.9 million tons) of waste.

– The majority of food waste is generated in private households at 59 percent (6.5 million tons).

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