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EPR Packaging Laws in the United States

The growing concern over packaging waste in the United States has led to the development of Extended Producer Responsibility (EPR) laws. Accordingly, different states have adopted EPR packaging laws, aiming to hold producers accountable for the lifecycle of their packaging materials. As more states adopt EPR legislation, companies face pressure to innovate with more sustainable packaging solutions and contribute directly to waste reduction.

Packaging Substance Restrictions

What Are the EPR Packaging Laws?

An EPR packaging law is an environmental policy framework that holds producers responsible for the entire lifecycle of the packaging used to sell or ship their packaging products. Therefore, similarly to WEEE for electronics, producers who want to market their products in certain states must:

  • become members of a Producer Responsibility Organization (PRO).
  • submit packaging data reports and pay associated fees.

 

Accordingly, EPR laws impose fees on producers based on the quantity and sustainability of the packaging they introduce into the market—the greater the volume and the less environmentally friendly the materials, the higher the fees. These funds support infrastructure for managing packaging waste, including collection, recycling, public education, and disposal. As a result, EPR policies create financial incentives for producers to reduce waste and adopt sustainable packaging materials. It also alleviates the economic burden of packaging waste management on local governments.

Who Must Comply with EPR Packaging Laws?

The EPR laws target producers, though the definition of “producer” varies by state. Generally, it refers to any entity involved in manufacturing, selling, importing, or distributing products in or into regions governed by EPR packaging laws. However, not all producers must report packaging data and pay associated fees. Most states have implemented a supply chain hierarchy and designate one entity per product as the obligated producer. Accordingly, companies can undergo an EPR assessment to determine whether their business has compliance obligations. Typically, obligated producers fall under one of the following categories:

  • Manufacturers
  • Brand owners
  • Brand licensees
  • Distributors
  • Retailers
  • Importers

What Are the Producers' Obligations Per EPR Packaging Laws?

Producers must follow several steps depending on the specific state regulations to comply with EPR packaging laws. Below is an outline of what producers typically must do:

  1. Identify Compliance Obligations: Producers should first determine whether they fall under the definition of a “producer” as defined by state EPR laws. Some states provide exemptions for smaller producers based on revenue or packaging volume.
  2. Join a Producer Responsibility Organization (PRO): Producers are generally required to join a PRO, which manages the collection, recycling, and reporting of packaging waste. The PRO is responsible for developing plans to meet recycling and sustainability targets set by the state.
  3. Report Packaging Data: Producers must report detailed data on the types and quantities of packaging they place into the market within the covered state. This data helps determine the producer’s financial obligations under the EPR program.
  4. Pay EPR Fees: Based on the volume and sustainability of the packaging materials, producers must pay fees to fund waste management and recycling programs. Fees often vary depending on the environmental impact of the packaging.
  5. Adapt Packaging for Sustainability: To minimize fees and support environmental goals, producers are encouraged to adopt more sustainable packaging materials, such as recyclable, compostable, or reusable options.
  6. Maintain Compliance with Deadlines: Producers must ensure they meet reporting deadlines, join a PRO within the required timeframe, and adhere to any future compliance dates, such as enforcement penalties.

 

By following these steps, producers can meet the requirements of EPR packaging laws, minimize their environmental impact, and avoid penalties for non-compliance.

What US States Have Implemented EPR Packaging Laws?

The adoption of EPR packaging laws is growing across the United States. The following five states have enacted such laws:

  • California
  • Colorado
  • Main
  • Minnesota
  • Oregan

The regulation in each state has a unique approach. However, they share a common sustainability objective of reducing packaging waste and boosting recycling efforts funded by producers.

California:

In 2022, California passed its EPR packaging law, Plastic Pollution Prevention and Packaging Producer Responsibility Act. The legislation, also known as Senate Bill 54 (SB 54), is supervised by the California Department of Resources Recycling and Recovery (CalRecycle). The law requires producers of packaging materials to join the Circular Action Alliance (CAA), a Producer Responsibility Organization (PRO) responsible for developing plans to meet recycling and waste reduction targets. By 2032, SB 54 aims to ensure that:

  1. Single-use plastic used in packaging and food ware is cut by 25%;
  2. 65% is being recycled; and
  3. 100% is either recyclable or compostable.

The bill also restricts the use of certain single-use plastics and imposes fees on producers to fund recycling infrastructure and programs. Moreover, the law establishes clear guidelines for reporting packaging data and compliance, ensuring that producers take responsibility for the environmental impact of their products throughout the packaging lifecycle.

In addition to these ERP obligations, California has a Toxics in Packaging Clearinghouse (TPCH) regulation, restricting substance use.

Finally, California Proposition 65 is another applicable requirement for packaging to declare dozens of chemicals.

Colorado:

Colorado also passed its EPR packaging law, House Bill 22-1355, in 2022. The Colorado Department of Public Health and Environment (CDPHE) must manage the implementation of House Bill 22-1355. Under this law, producers of packaging materials, paper products, and certain single-use items must fund and participate in a statewide recycling program. They must join a PRO that oversees the collection, recycling, and responsible management of packaging waste. Like California, Colorado appointed Circular Action Alliance as the designated PRO.

Furthermore, the law aims to increase recycling rates and reduce waste by ensuring that all producers contribute to the costs and logistics of recycling their packaging materials, creating a more sustainable and circular economy in Colorado.

Maine:

Maine enacted its EPR packaging policy in 2021 through LD 1541, An Act to Support and Improve Municipal Recycling Programs and Save Taxpayer Money. The Maine Department of Environmental Protection manages the enforcement and administration of the law. Producers must participate in a Stewardship Organization (SO), which coordinates the collection, recycling, and reporting activities. Additionally, producers must provide data on packaging volumes and financially support the program. The objective of LD 1541 is to minimize packaging waste and boost recycling efficiency.

Minnesota:

In May 2024, Minnesota enforced its EPR packaging policy through the Packaging Waste and Cost Reduction Act (HD 3911 / SF 3877). The law, overseen by the Minnesota Pollution Control Agency, mandates that producers join or establish a PRO responsible for funding and managing the recycling and disposal of packaging waste. Producers must report data on the packaging they place in the Minnesota market and pay associated EPR fees. The Pollution Control Agency is responsible for setting statewide targets for recycling, composting, reuse, and waste reduction, with compliance deadlines.

Finally, like California, Minnesota has a toxic in packaging law.

Oregon:

Oregon Plastic Pollution and Recycling Modernization Act (Senate Bill 582), passed in 2021, establishes an EPR program for packaging and paper products. Overseen by the Oregon Department of Environmental Quality (DEQ), the law requires producers to join a PRO (e.g., CAA), which manages the collection, recycling, and reporting of packaging waste. The act aims to modernize the state recycling system by improving efficiency and ensuring that producers take financial responsibility for the waste generated by their products. Accordingly, producers must report the types and amounts of packaging they place on the Oregon market and pay fees to support waste management infrastructure.

 

To conclude, in addition to this EPR set of legislation, federal laws, such as the TSCA-PFAS declarations, apply.

To know more about US EPR Packaging Laws and your company’s obligations, contact Enviropass!