"Containers" with impunity: Last generation welcomes proposal from Özdemir and Buschmann

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Last generation: demand for less food waste.

Photo: Paul Zinken / dpa

The climate activists of the last generation are reacting positively to the initiative by Federal Minister of Agriculture Cem Özdemir (Greens) and Federal Minister of Justice Marco Buschmann (FDP) to make the "containers" more easily exempt from punishment.

The term describes the practice of retrieving still edible food from waste containers.

"The fact that the German government now wants to refrain from punishing saving food shows that our protest is working," said Carla Hinrichs, a spokeswoman for the group.

So far, it has been illegal to take food that supermarkets throw away even though it is still edible.

This happens especially when the best-before date has passed or when fruit and vegetables no longer look pristine.

In a joint letter to the justice ministers and senators of the federal states, the two federal ministers advocate changing the guidelines for criminal and fine proceedings.

That would not mean, however, that all forms of "containerization" are legal or always go unpunished.

But: under certain circumstances, yes.

The two traffic light ministers intend to only punish food rescues if there is a trespassing "which goes beyond overcoming a physical obstacle without developing a significant effort or at the same time fulfills the facts of the offense of property damage".

In other words, if you climb over a low wall to get to the supermarket dumpster and take groceries with you, you shouldn't be prosecuted for theft.

On the other hand, anyone who pries open and damages a gate in order to get to the rubbish bin would still have to expect a penalty.

Activists see themselves confirmed

At the beginning of last year, the activists of the last generation campaigned, among other things, for the decriminalization of the “container” under the motto “save food, save lives”.

About a year ago, among other things, they threw vegetables at the party headquarters of the FDP.

"With our protest last winter, we put the extent of food waste in Germany on the agenda," said Hinrichs.

Criminal proceedings for theft are currently underway against her because she dumped the container.

From Hinrichs' point of view, however, the proposed easing is by no means sufficient.

The ministers' proposal met with approval in the FDP.

"If, above all, liability issues have been clarified and violent entry is still a punishable offense, I welcome the initiative," says agricultural politician Gero Hocker.

What is meant is that supermarkets should not be held liable if someone is injured by food that has already spoiled in the containers.

At the same time, according to Hocker, the impression must be avoided that this easing "is making a relevant contribution against food waste." Because the supermarkets are only responsible for a very small part of the food disposed of.

Hocker's FDP colleague Carina Konrad, also an agricultural politician, formulated it in a similar way: "The 'container' has emerged as a symbol in the fight against food waste." The proposals are correct.

However, the contribution of trade to food waste is very small.

Instead, Konrad demands: "The rigid best-before date has to be put to the test."

jos/dpa