EPR & Packaging Regulations in 2024

Packaging Regulations as of April 2024

One of the most exciting aspects of sustainable packaging requirements is also one of the biggest challenges: it’s constantly changing.

One current area of change is that states and cities are rapidly adopting new legislation to reduce waste and pollution, and increase circularity. This is exciting, but also creates challenges for brands try to stay ahead of the curve and comply with the necessary guidelines and laws.

Based on what we see on the landscape today, we've created two new resources to help navigate EPR and regulations, and four recommended steps for brands to take.

In this EcoEnterprise Edition, we cover:

• Our Comprehensive Guide and State-by-State Legislation Database
• What to Know Now: The Latest Updates in EPR & Packaging Legislation
• Recommendations for eCommerce & Omnichannel Brands

Packaging Legislation Resources and Tools

Comprehensive Guide: EPR and Sustainable Packaging Legislation

This guide has detailed information about packaging legislation nationwide. Read it for the most recent updates that eCommerce brands need to know, as well as deep dives on:

• FTC's Green Labeling Guides
• Packaging Labeling Requirements and Guidelines
• State-by-State Material Bans and Restrictions. Read More

Database: State-by-State Sustainable Packaging Requirements and Legislation

This public resource lists packaging regulations, requirements, and bans for all US states and territories.

Filter the list by regulation type, material, or state for a concise list of relevant requirements to plan for. Read More.

What to Know Right Now: the Latest Updates

As of April 2024

• Four states have passed packaging EPR legislation: Maine, Oregon, California, and Colorado. No new EPR legislation was passed in 2023, though several pre-EPR needs assessments are underway.
• California and Colorado have selected Circular Action Alliance (CAA) as their PRO, established producer definitions, drafted what materials are considered "covered", and set deadlines for obligated brands to register with CAA.
• Ten states have EPR bills under consideration in 2024 - Hawaii, Illinois, Massachusetts, Minnesota, New Hampshire, New York, New Jersey, Rhode Island, Tennessee, and Washington.
• Truth in Labeling legislation is in the early stages of implementation, and brands should plan to begin adherence to California’s SBS 343 requirements in 2025.
• Bans continue to be implemented on PFAs, thin plastic carry-out bags, and polystyrene. Additionally, PCW requirements are taking hold.?

Read More: Latest Updates in EPR and Packaging Legislation

Recommended Next Steps for Brands

Although EPR, particularly in California, will have wide-reaching impacts, its final requirements and specifics are largely still unclear. Once clear guidelines are created for "covered materials" in California, we will have more clarity about how to support our brands in adapting.

Based on what we see today, we encourage brands to consider several action steps that may best position them to navigate packaging laws. Depending on where you do business, these action steps may be required. But even if actions aren't required, some of these recommendations will still position you successfully long-term:

1. If your brand sells packaged products within or into California, you may need to register with CAA.
2. If your brand sells packaged products within or into in Colorado, plan to register with CAA.
3. Review your packaging's sustainability labeling, and consider third-party verification of claims.
4. If you have retail locations, remove plastic retail bags from any state with plastic bag bans. Eliminate PFAs and Polystyrene from your packaging.

1. If your brand sells packaged products within or into California, you may need to register with CAA

WHY?

California has defined "obligated producers" as brands (or licensees of brands) selling over $1mm of product within or into California that is packaged with “covered materials.”

To ensure compliance, if no person meets that definition for a product sold in California, the state may look downstream, potentially to private label retailers, distributors, or retailers of products that use “covered materials.”

"Covered Materials" include

1. Single-use packaging that is routinely recycled, disposed of, or discarded and typically not refilled or otherwise reused by the producer and
2. Plastic and plastic-coated paper single-use food service ware (such as utensils, trays, plates, clamshells, containers, wrappers, straws, etc.)

WHAT TO DO:

If you are unsure if your brand meets the definition of an obligated producer (or if you qualify for an exemption), consult your legal counsel. If you qualify, register with the Circular Action Alliance by July 1, 2024.

There is no fee and no packaging information is required at registration. Learn more.

2. If your brand sells packaged products within or into in Colorado, plan to register with CAA.

WHY?

In Colorado, your brand is considered a producer if you:

1. Manufacture a product that is sold or distributed in Colorado using packaging material under your brand or without an identifying brand,
2. License a brand or trademark for product packaging that is sold or distributed in Colorado,
3. Import packaged products using covered materials into the US for use in Colorado,
4. Produce products sold or distributed in Colorado through an internet transaction in packaging materials used to protect or contain the product.

WHAT TO DO:

Brands that join CAA to adhere to California’s EPR legislation will likely be prepared for Colorado. Brands that only sell in Colorado (and not California) may need to register with CAA (Colorado's deadline is 7/1/2025). Learn more.

3. Review your packaging's sustainability labeling, and consider third-party verification of claims.

WHY?

Under California's Truth in Labeling legislation (SB 343), a product or packaging can be labeled as “recyclable” in California only if, based on the information published by CalRecycle, the product or packaging is of a “Material Type and Form” that is both:

1. Collected for recycling by jurisdiction recycling programs servicing at least 60% of Californians and?
2. Sorted by large volume transfer/processing facilities (LVTPs) servicing at least 60% of statewide recycling programs.?

The state will release its final Material Categorization Study in Q2 of 2024, after which brands will have eighteen months to comply.

In addition to SBS 343, EPR and Truth in Labeling in other states will require third-party verification of any compostability claims.

Even if you don't sell into these states, this step will help you adhere to the FTC's Green Guides (anticipated to be updated shortly).

WHAT TO DO:

If your packaging is produced by EcoEnclose - connect with us! We'll be happy to share supply chain data and third-party verifications, and do a thorough review of your artwork claims to flag potential changes we may have to make after California's final Material Categorization Study is released shortly.

While brands have over 18 months to ensure their on-package labeling is compliant, packaging refreshes and third-party verifications can take time.

4. If you have retail locations, remove plastic retail bags from any state with plastic bag bans. Eliminate PFAs and Polystyrene from your packaging.

WHY?

While each state has unique requirements and laws, some clear trends are developing in the United States. Namely, material bans on:

• Single-use plastic bags (at checkout / in-person retail)
• Styrofoam / Polystyrene
• PVC
• Perfluoroalkyl and Polyfluoroalkyl Substances (PFAs)
• Single-use plastic straws
• Single-use utensils

When outright bans are introduced, most areas gradually phase out the banned material. However, once the ban is in effect, vendors and retailers may face fines or other penalties for not complying. Seeing these trends can help you navigate your packaging strategy and better understand what to expect in the future.

WHAT TO DO:

Review your packaging suite for the above materials, and compare them to the state-by-state packaging requirements and bans. Determine which materials should be removed, phased out, or thoughtfully replaced (potentially with with reusable alternatives.)

Looking for more guidance?

Reach out! We’re committed to helping you understand and apply current information about sustainable packaging requirements and legislation. Navigating complex sustainability questions is the best part of our job.?

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