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.
November packaging policy roundup
1. New EPR Bills in 2025 Heating Up
What states might have EPR bills on the table in 2025?
Michigan, New York, New Jersey, Tennessee, and Washington state all have drafted text for EPR bills circulating. As January 1, 2025 approaches, more states are preparing for the new year with draft language for this category of legislation.
What are key dates for these State Legislatures?
In states where drafted text is circulating, here’s what’s next:
- Michigan does not allow pre-filling, but a “lame-duck” session — the six-week period between Election Day and the start of the new legislative session — will provide more time.
- New York started accepting pre-filed bills on November 15th.
- The New Jersey State Legislature operates on a two-year term, which ends in January, 2026.
- Tennessee’s Legislature will start a new session in 2025, and pre-filing can begin as soon as their election results are certified.
- Washington’s session allows pre file bills to be introduced December 2, 2024.
What’s the history of EPR in these states?
In New York, New Jersey, and Washington, legislators have been working toward passing an EPR bill for a few years now.
Where can I keep up with these EPR developments?
Check out SPC’s EPR tool early next year for updates.
2. CAA Prepares Next Iteration of Producer Report in Oregon
What’s the latest on Oregon’s EPR legislation?
The two key players in this update are:
- DEQ: Oregon’s Department of Environmental Quality, the agency tasked with overseeing its EPR legislation
- CAA: Circular Action Alliance is Oregon’s Producer Responsibility Organization (PRO), which is the organization that serves as a representative for producers and works with the government to roll out EPR legislation.
Right now, as part of Oregon’s EPR implementation, CAA is in the process of outlining registered producers and submitting a program plan to the state’s DEQ. After reviewing CAA’s producer report from September (CAA’s second), Oregon’s DEQ rejected parts of the plan and has requested updates by December 6.
What needs to change in Oregon’s producer report?
DEQ complimented CAA on updates to the verification standard of responsible end markets and the recommended LCA focused take on eco-modulation; however, the agency noted a few areas for improvement including topics that required pending data. That data will be updated in the third version, but did not have an update in the second version.
What’s next for the state’s EPR roll out?
CAA is required to prepare its new producer report by December 6.
With a population of almost 4.5 million people (1.26% of U.S. population) and EPR beginning this July, Orgon will be the first U.S. state to implement EPR for packaging and paper products. CAA is also the chosen PRO for California and Colorado, which have later EPR start dates. CAA was also chosen to serve on the advisory board for Maryland, which has an EPR needs assessment that’s in progress.
Where can I learn more about Oregon’s EPR legislation?
To learn more about its rollout, you can visit CAA’s timeline, the DEQ’s response, and CAA’s second plan.
3. U.S. Changes its Stance Preparing for INC-5 Meeting on Global Plastics Treaty
What is the INC-5 Meeting?
The United Nations Intergovernmental Negotiating Committee on Plastic Pollution (INC) meeting is dedicated to developing a legally binding international treaty to address plastic pollution across its entire lifecycle, from production to disposal. The committee’s fifth meeting, INC-5, is scheduled for November 25 – December 1, 2024, in Busan, South Korea. Representatives from 200 countries will attend.
At INC-5, the committee hopes to finalize the treaty language, however negotiations might continue into next year.
How has the U.S. prepared for the meeting? What are the implications for packaging?
In preparation for the November meeting, the U.S. has:
- Shifted its position from supporting voluntary nation-by-nation compliance to now recognizing a need to regulate plastics over their entire life cycle
- Dropped opposition to worldwide pollution reduction targets
- Acknowledged a need to limit production or use of certain polymers
Amid these changes, Packaging Digest outlined five critical considerations for packaging and consumer goods. We recommend reading the full considerations here, and they are:
- Designing for reuse, recycling, and circularity
- Fulfilling EPR responsibilities and requirements
- Managing and ultimately eliminating use of “chemicals of concern”
- Transparency, accuracy, and reportability of data, not just within company walls but across the packaging supply chain
- Traceability of materials and product content
What’s next for the treaty?
Once the treaty language is finalized (either this winter or next year), the language will be sent to nations for ratification. Experts are saying that potential ratification may be influenced by the 2024 U.S. presidential election, increasing the possibility of continued negotiations into 2025.
Where can I keep up with treaty developments?
To keep up with the developments and their implications for packaging, we recommend reading up on coverage or following Packaging Dive, Packaging World, or Packaging Digest.
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October packaging policy roundup
1. CalRecycle Releases Latest Round of Edits to EPR Rulemaking
What’s the latest on California’s EPR legislation?
Right now, California’s Extended Producer Responsibility (EPR) law is in the middle of the regulatory rulemaking process. CalRecycle, the state agency tasked with overseeing EPR, recently released its latest edits to the state’s EPR rules. Stakeholders can submit comments until the comment period ends on November 4.
What’s in California’s latest round of EPR rules?
The edits to California’s EPR legislation are broad in scope and scale. The newest regulations contain more than 200 pages of updates, removals, and additions, and they cover everything from covered products to end market identification. You can read them here.
Notably, CalRecycle consulted SPC’s Guidance for Reusable Packaging when drafting the new regulations and revised definitions for reuse, refill, reusable, and refillable. The agency also clarified that washable in reference to reusable or refillable packaging means:
“It can be sufficiently washed if necessary, for it to be safely and hygienically refilled or reused over its entire lifespan while retaining its shape, structure, and function. At a minimum, it must be feasible for the packaging to be washed and reused throughout its entire lifespan without violating any federal, state, or local laws concerning safety or hygiene.”
What’s already in California’s EPR legislation?
California’s EPR legislation, SB 54 or the Plastic Pollution Prevention and Packaging Producer Responsibility Act passed in 2022. Once implemented, the law will require 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.
Where can I learn more about these changes?
To learn more about California’s EPR implementation, you can check out this article covering the latest rulemaking comment period.
2. The EU Deforestation Regulation Seeks Delay Until 2025
What is the EUDR?
The European Union Deforestation Regulation (EUDR) is a rule requiring that certain products sold in or exported from the EU market are deforestation-free. The regulation covers seven types of products or product derivatives: cocoa, coffee, cattle, oil palm, rubber, soya, and wood.
What’s the latest on the EU Deforestation Regulation?
Passed in 2023, the EUDR was initially slated to begin at the end of 2024. This month, the European Commission proposed a one-year delay of the rule’s implementation. If the delay is approved, large corporations won’t be obligated until December 30, 2025.
What does the EUDR look like in action?
The EUDR has sweeping packaging implications. Pulp and paper are two examples of product derivatives covered in the regulations. Once the EUDR is implemented, these materials will be subject to the rule’s due diligence requirements to ensure that they’re deforestation-free.
Although the proposed delay has not been officially approved yet, any company that sells products into the European Union will be required to follow the regulation once it’s implemented.
Where can I learn more about this bill?
You can learn more about the proposed EUDR delay in this alert. To learn more about the regulation’s scope, we recommend checking out this EUDR fact sheet.
3. New Jersey Senate Amends Recyclability Labeling Bill
What’s the status of this legislation?
New Jersey’s Recyclability Labeling Bill, or Senate Bill 224, would prevent the sale of certain products labeled as “recyclable,” unless certain recyclability conditions determined by the NJDEP are met.
SB 224 was amended late last month in the State Senate.
What are the amendments to New Jersey’s SB 224?
The latest amendments include a direction of the NJ Department of Environmental Protection (NJDEP) to contract with “a Statewide nonprofit recycling association to develop, maintain, and update at least every two years, a list of commonly discarded packaging and products.”
Additionally, the amendments reduce the amount that is annually “allocated to institutions of higher education for recycling demonstration, research, or education” from 5% to 3%. The 2% difference would then be allocated to the State Recycling Fund to develop the aforementioned list.
What’s next for New Jersey’s Recyclability Labeling Bill?
Because the New Jersey State Legislature operates on a two-year term, the bill has until the session’s end (January, 2026) to pass.
Where can I learn more about this bill?
To learn more about the bill and the latest amendments, you can visit the state’s legislative website.
4. Update: California Closes Plastic Bag Ban Loophole
What happened to California’s plastic bag ban?
On September 22, California passed a law closing its plastic bag “loophole” that allowed stores to provide customers with thicker “reusable” plastic bags. Read more about the rule revision in our previous Policy Roundup, and learn about its passage here.
September packaging policy roundup
1. Maryland’s EPR Needs Assessment (SB 222) Moves Forward
What’s the status of this legislation?
This legislation actually passed in 2023. Now, the state’s Advisory Council will report findings and recommendations on moving the legislation forward on or before December 1, 2024. At that point, the Council will share its Needs Assessment with Maryland’s Governor, Senate, and House environment committees.
What does this bill do?
Maryland’s SB 222, or the “Statewide Recycling Needs Assessment and Producer Responsibility for Packaging Materials” is an EPR Needs Assessment bill.
This legislation compels the Maryland Department of the Environment to take three key steps. Check out the steps and their statuses:
- Form an Advisory Committee: Done. The state’s Committee meets regularly.
- Select a PRO: Done. The state chose the Circular Action Alliance (CAA) in October 2023.
- Conduct a Needs Assessment: In progress. The state selected its contractor, HDR Inc., in July, and has begun work on the Needs Assessment.
What’s next for Maryland’s EPR Needs Assessment?
Although the Needs Assessment work was delayed throughout the Spring, as of July 2024 the chosen contractor HDR Inc. has been working on the project. HDR is planning to conduct field work and waste characterization in October, and provides monthly updates to the state’s Advisory Committee.
Where can I learn more about this bill?
To learn more about Maryland’s SB 222, you can check out the state’s EPR webpages here as well as the Youtube channel where Advisory Council meetings are posted.
2. Colorado’s EPR Implementation: State Bumps Up Producer Registration Deadline
What’s the deadline for CAA registration in Colorado?
The Colorado Department of Public Health and Environment (CDPHE) has set a new deadline of October 1, 2024 for producers to register with CAA.
The deadline registration was previously set for July 1, 2025.
Why was the registration deadline moved?
Earlier registration helps reduce the amount of “free riders,” or producers who benefit from EPR systems without contributing their share of the costs. It also helps CAA set the program’s fee schedule, giving the PRO time to get more specific data on producers.
Plus, after July 1, 2025, obligated producers who don’t participate in the program are prohibited from selling products in Colorado—so it’s better for producers to register earlier, too.
What’s the status of this legislation?
Colorado’s EPR legislation passed in June 2022, and the state is currently implementing the legislation. CAA’s Program Plan to CDPHE is due on February 1, 2025.
Where can I learn more about Colorado’s EPR legislation and if I’m an obligated producer?
You can learn more about the registration process on CAA’s website, as well as in this slide deck, and on the CDPHE rulemaking website.
Learn more about who qualifies as an obligated producer by reviewing CAA’s producer resource center.
3. California’s EPR (SB 54) Advisory Board Preparing Recommendations for CalRecycle
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 status of implementing California’s EPR legislation?
Right now, the California SB 54 Advisory Board is working on preparing recommendations for CalRecycle. To inform the recommendations, the Board is soliciting feedback on barriers and solutions regarding reuse and refill, recyclability, compostability, and plastic leakage.
What’s next for California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act?
The Advisory Board must prepare and share its final recommendations in January 2025. The Board is required to report its recommendations to CalRecycle, the branch of the state’s Environmental Protection Agency tasked with overseeing statewide waste management, recycling, and waste reduction programs.
Where can I learn more about this legislation?
Learn more about the implementation of California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act by checking out the CalRecycle Advisory Board website. Obligated producers can also review relevant implementation deadlines here.
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.
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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.
