Packaging Policy Roundup
The packaging policy across the country is shifting, as states adopt legislation spanning data reporting to label design. From Maine to California—and all the states in between—there’s a lot to keep track of in the world of packaging policy.
Whether you’re an engineer, a designer, or just a fan of sustainable packaging, SPC’s Senior Project Manager and Policy Collaborative Lead Lucy Pierce is breaking down noteworthy policy updates every month.
August packaging policy roundup
1. Michigan’s EPR Legislation: HB 5902
What would this bill do?
If passed, Michigan House Bill 5902 bill would enact Extended Producer Responsibility (EPR) legislation in the state. Michigan would be the sixth state in the U.S. to adopt packaging EPR.
What’s the status of this legislation?
Right now, the bill has been referred to the state’s Committee on Natural Resources, Environment, Tourism and Outdoor Recreation. Michigan’s legislative session is still active and concludes on December 31, 2024.
What would this policy look like in action?
Michigan’s EPR bill would cover all packaging, regardless of recyclability. The bill specifically mentions paper, plastic, glass, metal, or multi-material packaging used for the containment, protection, handling, delivery, transport, distribution, or presentation of another product sold in Michigan. The bill, however, doesn’t mention paper like newspapers or catalogs as a stand alone covered product.
Michigan’s HB 5902 also outlines packaging reduction requirements for producers beginning two years after a producer first registers with the packaging reduction organization. Producers would be required to reduce the amount of packaging by 50% in weight after 10 years. This language is similar to legislative targets in the New York Senate Bill 4246B.
Where can I learn more about this bill?
To learn more about Michigan’s EPR bill, you can check out SPC’s EPR Tool or read the full text here.
2. California’s Plastic Bag Rule Revision: AB 2236
What would this bill do?
In 2014, California adopted legislation (Senate Bill 270) initiating a statewide phase-out of single-use plastic carryout bags across most grocery stores and restaurants. Still, covered stores could provide customers with thicker, “reusable” bags. Now, the state’s Assembly Bill 2236 would amend its existing law to prevent covered stores from providing those thicker, non-woven plastic bags at check stands as reusable bags.
What’s the status of this legislation?
California’s AB 2236 was read a third time and amended on August 20, 2024. It was then ordered for second reading and is still moving forward.
What would this policy look like in action?
Beyond banning thicker plastic bags, the bill also includes new standards for recycled paper bags. AB 2236 would require the bags to contain 50% post-consumer recycled materials on and after January 1, 2028, with no room for exemptions.
Where can I learn more about this bill?
Interested in learning more about revisions to California’s plastic bag legislation? You can check out this article or read the full bill text here.
3. Oregon EPR Updates: State’s DEQ Requests Revised CAA Plan
What’s the latest on Oregon’s EPR legislation?
First, let’s cover some acronyms (and you can view more EPR-related acronyms here).
- DEQ: Oregon’s Department of Environmental Quality, the agency tasked with implementing its EPR legislation
- PRO: Producer Responsibility Organization, which is the organization of producers under a state’s EPR program that acts as an intermediary between the producer and the government and helps in the development and execution of EPR programs.
- CAA: Circular Action Alliance is a PRO. CAA has been chosen by California, Colorado, and Maryland and is in the process of applying to be Oregon’s PRO.
Now, for the update: CAA was the only PRO to submit a program plan for Oregon’s EPR legislation, the Recycling Modernization Act. The plan submission process was expected to be an iterative one, where Oregon’s DEQ and others supplied comments to CAA’s first plan. Now after receiving CAA’s first draft plan, DEQ is requesting an updated version of CAA’s plan on or before September 27, 2024.
What’s the status of this plan?
CAA is taking all the comments and drafting a second plan to submit to DEQ.
What’s in the review of CAA’s first plan?
Approval from Oregon DEQ was based on sections. They categorized each section of CAA’s plan as a yes, no, or conditionally. CAA had quite a few “no” sections, but many sections were conditionally approved.
Now that CAA has an Oregon Director, Kim Holmes, stakeholders are optimistic about moving forward with revisions. One section that did receive a “yes” was a “description of how facilities will be selected for site visits and/or desktop verification (sampling plan).”
DEQ stated, “CAA noted that all facilities will receive a site visit by July 1, 2027, and one site visit every five years, with desktop audits conducted in years when site visits do not occur … Overall the approach appears sound.”
Where can I learn more about this plan?
You can read this article summarizing events, you can also view all of the comments from DEQ and other organizations here, and SPC members can attend the CAA’s session on Oregon EPR at SPC Advance this Fall.
July Packaging Policy Roundup
1. White House Plastics Executive Order
What will this order do?
The order aims to phase out federal procurement of single-use plastics from food service operations, events, and packaging by 2027, and from all federal operations by 2035.
What’s the status of this order?
The executive order, titled “Mobilizing Federal Action on Plastic Pollution,” was issued on July 19, 2024 and outlines actions and funding toward reaching the order’s goals. The White House issued the order as part of a broader effort to address plastic pollution and reinforce U.S. leadership on the issue before the UN global plastics treaty meeting this Fall.
What would this policy look like in action?
The federal government is the largest single purchaser of goods and services globally. If the government achieves goals of the order, it will no longer procure or purchase single-use plastics throughout federal operations by 2035.
The order also outlines key areas that the government will focus on as part of its initiative. The focus areas include:
- Assessing and reducing pollution from plastic production
- Innovating materials and product design
- Decreasing plastic waste generation
- Improving environmentally sound waste management
- Informing and conducting capture and removal of plastic pollution
Where can I learn more about this order?
For more details, you can view the full report and order, and you can also check out this Trellis article, “White House order flexes muscle against plastic pollution.”
2. New Jersey Assembly Bill 2775
What will this law do?
This bill, commonly known as a “Truth in Labeling Law,” would prevent the sale of certain products that are labeled as “recyclable,” unless certain recyclability conditions (as determined by the NJDEP) are met.
What’s the status of this legislation?
The bill was introduced earlier this year and hasn’t moved since; however, New Jersey’s Legislative session is on a 2024-2025 biennium, meaning that the Legislature is still active until January 2026.
What would this policy look like in action?
Similar to California’s SB 343, this New Jersey bill aims to reduce deceptive claims related to recycling. The bill explicitly states that:
“A product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, shall be considered a deceptive or misleading claim … unless the product or packaging is considered recyclable in the State.”
Where can I learn more about this law?
If you’re interested in learning more about the bill, you can read the full text here. If you want to learn more about how SPC and How2Recycle are collaborating to adapt on-pack labels for this and similar legislation, you can read more about our work here.
3. Comment Period: Maine’s Extended Producer Responsibility (EPR) Program for Packaging
What does the comment period cover?
The Maine Department of Environmental Protection (DEP) is defining what materials will be exempt from their packaging stewardship program. The DEP has published its exemption requests for public review and are accepting comments on the requests through August 1, 2024.
What are material exemptions?
All EPR programs have exemptions (materials that aren’t subject to the EPR legislation) for different types of materials and packaging products. Maine’s law includes exemptions for small producers, as well as packaging for items like architectural paint and bottle bill packaging. A few producers have petitioned for exemptions for products like tobacco products and infant formula.
How can I weigh in?
Written comments on the Packaging Material Exemption Requests are being accepted by the Department and should be sent to: MainePackagingEPR@maine.gov
Where can I learn more about this regulation?
You can read more about the exemption requests on Maine’s EPR website under Exemption Requests. You can also reference the SPC’s covered product exemption reference sheet for more information on EPR exemptions.
4. California SB 54: CalRecycle Meets Statutory Deadline for Covered Materials List
What is California’s SB 54?
California’s SB 54, or the Plastic Pollution Prevention and Packaging Producer Responsibility Act, is the state’s EPR legislation. The law requires cutting single-use plastics by 25%, recycling 65% of single-use plastics, and ensuring 100% of single-use packaging and plastic food ware are recyclable or compostable.
What’s the latest on California’s SB 54?
The bill text for SB 54 included a deadline to publish the state’s list of covered material categories—materials that are subject to SB 54 regulation —by July 1, 2024. As part of the legislation’s formal rulemaking process, the California Department of Resources Recycling and Recovery has succeeded in publishing a covered materials list on the first of July. This marks an update of the agency’s initial list, which was released in December. CalRecycle made nearly 30 changes between the two iterations.
What materials apply to California’s EPR legislation now?
The covered material category (CMC) list under California’s EPR legislation includes nearly 95 different material types and forms including glasses, plastics, paper and fibers, metals, wood and other organic materials. Starting in 2027, California’s EPR legislation will require producers of these covered materials to fund their collection and recycling.
Where can I learn more about this law?
To read more about California’s EPR covered materials, we recommend checking out this Resource Recycling article or checking out the list on CalRecycle’s website.
5. New Jersey’s S226 Rightsizing Bill
What will this law do?
This bill would prevent retailers from shipping products in cardboard or corrugated boxes that are two times larger (in volume) than the product itself. The bill includes a few exceptions for electronics and any minimum size requirements by the United States Postal Service or other shipping providers.
What’s the status of this legislation?
Introduced in January, the bill passed the State Senate at the end of June in a 21-15 vote. While many state legislatures close sessions during the summer, because New Jersey’s Legislative session is on a 2024-2025 biennium, the Legislature—and the rightsizing bill—are still active until January 2026.
The rightsizing bill is one of many packaging related bills still active in New Jersey, with other legislation covering: EPR, source reduction, bottle deposits, mandated reuse in certain scenarios, and the aforementioned labeling requirements.
What would this policy look like in action?
New Jersey’s S226 aims to reduce the amount of materials in a package. If passed, no online or other major retailer in the state would be allowed to ship a product to consumers where the container’s volume is more than two times greater than the volume of the product itself.
As the bill stands now, retailers that violate the law would be subject to fines between $250-$500 for each offense.
Where can I learn more about this bill?
To learn more about New Jersey’s rightsizing legislation, you can check out this Packaging Dive article or can read the full bill text here.
SPC’s SMART design principles include “reduction and elimination.” This bill is one example of how those principles could play out in real life through policy and design. You can learn more about our sustainable packaging design principles here.
June Packaging Policy Roundup
1. A Potential Change to California’s EPR Legislation
What will this law do?
Introduced by Senator Allen, this bill would amend Allen’s previously passed EPR legislation SB 54, or the Plastic Pollution Prevention and Packaging Producer Responsibility Act. The bill would give producers 6 more months to be compliant under the act and permit producers to demonstrate the recyclability and compostability of their materials to CalRecycle
What’s the status of this legislation?
It was referred to the Committee on Natural Resources.
What would this policy look like in action?
Under SB 54, covered materials are required to be recyclable or compostable by 2032. CalRecycle is authorized to identify materials trending towards the recyclable or compostable requirements, as long as they meet certain criteria. This SB 1231 amendment states that producers would be authorized to petition CalRecycle “to identify material types and forms” that meet designated recyclable criteria and CalRecycle reviews the petitions and data as well as approve or deny the petition. Additionally, the date of compliance is pushed from 18 to 24 months “after the date the department publishes or updates the specified material characterization study.”
Where can I learn more about this law?
If you’re interested in learning more about the bill, you can check out this Resource Recycling update or read the full bill text.
2. Oregon’s EPR Rulemaking Public Comment Period Extended to July 26
What is this comment period?
The Department of Environmental Quality (DEQ)—Oregon’s environmental regulatory agency overseeing the implementation of EPR—is seeking public comment on the rulemaking and implementation of EPR in the state.
What’s the status of this comment period?
The comment period closes on July 26, 2024.
What’s included in this comment period?
The EPR legislation itself requires producers of packaging, paper, and food serviceware to help fund and expand recycling in the state. In this round of rulemaking, DEQ is seeking public comment on topics like: covered product exemptions; environmental impact evaluation standards; recycling facility permits, standards, and fees; living wages and supportive benefits for facility workers; waste prevention and reuse; and more.
Where can I learn more about this comment period?
If you’re interested in learning more about the comment period and the draft rules, you can check out the DEQ’s 2024 rulemaking website.
3. New York’s EPR Bill Failed
What happened with this legislation?
After a second failed attempt, the New York Extended Producer Responsibility (EPR) bill, “Packaging Reduction and Recycling Infrastructure Act” or SB 4246B, did not pass the assembly before the legislature adjourned for the summer.
What’s the status of this bill?
This bill is dead for now, but could come back later in 2024 or next year.
What would this policy look like in action?
If passed, this bill would enact EPR in New York, making it the sixth state in the country to pass such legislation. Like most EPR legislation, it would set plastic reduction targets, rolled out recycled content requirements, and established a producer responsibility organization to help fund state recycling programs. It also would have banned certain chemicals in packaging materials.
Where can I learn more about this bill?
If you’re interested in learning more about the legislation, you can check out Packaging Dive’s recap from after it failed.
4. California, Colorado, Oregon EPR Deadline
Reminder
July 1 marks the deadline for producers to register with Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) for California, Colorado, and Oregon. Producers that knowingly qualify for an exemption and producers that intend to submit an individual compliance plan are exempt from the deadline.
Learn More
To learn more about registration, tips, and producer definitions, you can visit CAA’s website on producer sign up.
—
May Packaging Policy Roundup
1. Minnesota’s EPR Bill
What will this law do?
Minnesota’s Extended Producer Responsibility (EPR) legislation requires producers to pay half of the state’s recycling costs by 2029, increasing their share to 90% by 2031.
What’s the status of this legislation?
Gov. Tim Walz signed the legislation, the Packaging Waste and Cost Reduction Act, into law on May 22, 2024. The Act was a part of a larger environmental budget and policy bill. Minnesota is the fifth state to pass EPR legislation.
What would these policies look like in action?
The shared responsibility model, which requires producers to pay half of recycling cost by 2029 and 90% by 2031, is similar to the Oregon EPR legislation in that producers alone will not fund the system.
The final law requires that Producers register with the PRO by July 1, 2026. From there, the initial needs assessment is due at the end of 2026 and the PRO’s stewardship plan is set for October, 2028.
Notably, the final draft doesn’t set performance targets. Instead, it calls for a future needs assessment before setting recycling, composting, waste reduction, reuse and return rates, and post consumer recycled content targets.
Where can I learn more about this law?
For more information on Minnesota’s EPR bill, timeline, and final text, you can check out this Waste Dive article.
2: New York’s Packaging Reduction and Recycling Infrastructure Act
What would these bills do?
These two companion bills (AB 5322 and SB 4246) would introduce Extended Producer Responsibility for packaging materials in New York. They would also advance various reduction, recycling and recycled content targets.
What’s the status of these bills?
These bills are in Committee Assembly and Senate Finance Committee, respectively.
What would these policies look like in action?
These bills use Packaging Reduction and Recycling Organization (PRRO) as opposed to the traditional term Producer Responsibility Organization (PRO). The PRRO, a registered 501(c)(3), works under contract with the Department of Environmental Conservation.
The PRRO collects producer fees, assists producers with compliance, implements the program, and essentially functions as the PRO, but is not technically referred to as a Producer Responsibility Organization. This means that producers would still need to register with the PRRO like they do in the other 4 states that have passed EPR laws (California, Colorado, Maine, and Oregon).
Where can I learn more about these bills?
For more information on New York’s Packaging Reduction and Recycling Infrastructure Act, you can check out this Resource Recycling article.
3: New Jersey Senate Bill 208
What would this bill do?
This bill—first introduced in 2022 and reintroduced in 2024—would require producers of packaging materials to operate packaging stewardship plans individually, or as a group of producers (a PRO). It also requires producers to include in their plans goals for:
- Minimum post-consumer recycled material content rates
- And minimum recycling rates for packaging products
What’s the status of this bill?
The bill was heard in the Senate Environment and Energy Committee hearing on May 13th.
What would this policy look like in action?
If passed, producers would need to comply within 18 months after the bill’s effective date.
Producers would be prohibited from selling, offering for sale, importing, or distributing any packaging product in New Jersey unless they’ve engaged in the implementation of, or they’ve fully implemented, a packaging product stewardship plan that aligns with the bill.
Where can I learn more about this bill?
To get a deeper understanding of this bill, you can check out our EPR tool or read the bill online here.
4: Colorado’s Producer Responsibility Program For Recycling
What would this bill do?
This bill (Colorado’s HB 1355) will create a state-wide producer responsibility program to provide recycling services for all residents, public places, small businesses, schools, hospitality locations, and state and local government buildings.
It also advances a needs assessment and requires the PRO to submit a program plan by February 1, 2025.
What’s the status of this bill?
It’s been passed and is currently being implemented.
What would this policy look like in action?
Implementation of this bill involves advisory board meetings with the Colorado Department of Public Health & Environment (CDPHE), the public, the Circular Action Alliance (CAA, which acts as the Producer Responsibility Organization), and the advisory council.
Recent meetings have covered plans to increase targets and producer compliance while also analyzing reimbursement rate models from Canadian provinces. The advisory board is engaging in ongoing discussions and iterative feedback processes, while CAA (the PRO) develops the program plan in Colorado.
Feedback from the public is welcomed and every meeting has time for public comment.
Where can I learn more about this bill?
You can check out all of CDPHE’s meeting recordings, slides, and registration links on their website.
5: California, Colorado, Oregon EPR Deadline
Reminder
July 1 marks the deadline for producers to register with Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) for California, Colorado, and Oregon. Producers that knowingly qualify for an exemption and producers that intend to submit an individual compliance plan are exempt from the deadline.
Learn More
To learn more about registration, tips, and producer definitions, you can visit CAA’s website on producer sign up.
