How Pet Food Makers Can Prepare for State Paper and Packaging EPR Laws

Four states have passed laws establishing extended producer responsibility (EPR) programs for paper and packaging. Pet Food Institute (PFI) is tracking the implementation of these laws in California, Colorado, Maine, and Oregon.

EPR generally refers to policies that place on manufacturers the responsibility to manage the end-of-life costs to recycle or dispose of products they put on the market. Many states already have EPR laws in effect for products like mattresses, carpets, batteries, and electronics, but recent focus has shifted to legislation governing plastic and paper products and packaging materials.

In 2023, state lawmakers considered 43 bills in 14 states related to EPR for plastics and packaging materials. Two states, Illinois and Maryland, enacted EPR study legislation requiring statewide needs assessments. For 2024, a similar number of bills are anticipated to be considered in state capitals.

Snapshot of Enacted State EPR Laws

While each state law varies, most will require registration with a producer responsibility organization (PRO), along with payment of fees and reporting on covered materials, in order for companies to continue selling or distributing covered materials in that state. A PRO is a non-profit organization established to administer EPR programs and is responsible for setting and collecting fees for the end-of-life management of products and managing the program plan to meet state EPR law goals and targets.?

California SB 54 –?With administration provided by California’s Department of Resources Recycling and Recovery (CalRecycle),?the Plastic Pollution Prevention and Packaging Producer Responsibility Act creates a producer responsibility program for producers of single-use packaging and plastic single-use food service ware.

Colorado HB22-1355 –?Overseen by the Colorado Department of Public Health & Environment (CDPHE), the Producer Responsibility Program for Statewide Recycling Act establishes a producer responsibility program for producers of packaging materials and paper products.

Maine LD 1541 – With program development and oversight by Maine’s Department of Environmental Protection (DEP),?LD 1541 establishes a producer responsibility program for packaging material.

Oregon SB 582 – With oversight provided by Oregon’s Department of Environmental Quality (DEQ),?the Plastic Pollution and Recycling Modernization Act creates a producer responsibility program for packaging, printing and writing paper, and food service ware.

Meeting State EPR Law Requirements

While regulators in California, Colorado, Maine, and Oregon implement state paper and packaging EPR laws, and as more states consider packaging EPR legislation, companies that are covered producers can prepare to meet the obligations of state EPR laws by:

• Becoming aware of upcoming deadlines for registrations, reporting requirements, and payment of fees.
• Registering with states and/or joining PROs.
• Compiling records required for reporting.
• Working with packaging suppliers to meet recycled content percentages, recyclability, and composition requirements in covered materials for each state (keeping in mind that it may be most cost effective to use the same packaging materials in all markets).

Companies can further stay informed on state EPR deadlines and requirements by connecting with Circular Action Alliance (CAA). On May 1, 2023, Circular Action Alliance (CAA) was approved as the PRO that will administer Colorado’s EPR law. In addition, CAA is working to be named as a PRO in California and Oregon and the Stewardship Organization (SO) in Maine. CAA has released an Obligated Producer Survey as a preliminary, non-binding step in the producer registration process and to help keep producers informed of obligations and deadlines by states. Companies that expect to meet the definition of a producer under state EPR laws for paper and packaging are encouraged to consider completing the survey to receive updates on upcoming regulatory requirements and invitations to future events, such as CAA Producer Working Group meetings.

As EPR implementation moves forward, PFI will continue to keep its members informed through webinars and other member communications channels.