Is Your Snack Packaging Staying Ahead of EPR Regulatory Changes?

As mandates for the recyclability of packaging continue to ramp up, snack brands need to know what it takes to stay ahead of the curve.
© ColleenMichaels – stock.adobe.com

What it takes to stay ahead of state packaging laws.

By Zach Muscato, Director of Sustainability and Innovation at Plastic Ingenuity

Walk the refrigerated aisle of a local grocer or major retailer and you’ll likely find a variety of high-protein snack options on display. These popular snack packs rely on laminated packaging with barrier films for essential food preservation properties, as well as custom product labels — two elements that can have a negative impact on recyclability.

With mandates like extended producer responsibility (EPR) dictating the recyclability of packaged goods, snack brands are increasingly pressured to find alternatives favorable to recycling for their legacy snack trays. As mandates for the recyclability of packaging continue to ramp up, snack brands need to know what it takes to stay ahead of the curve.

The Current State of EPR

Seven states have already passed EPR packaging legislation as of July 2025, and a dozen states have introduced EPR bills since January 2025.¹ EPR policies hold producers and brand owners accountable for the entire life cycle of their products, including disposal and recycling. Producers also bear the costs associated with end-of-life product management.

Efforts to put EPR laws into practice are ongoing by state agencies in California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington. California’s packaging EPR law, SB 54, has some of the most stringent standards, such as requiring all plastic packaging statewide to reach a recycling rate of 30% by 2028 and 65% by 2032. The California bill also sets a plastic packaging source-reduction target of 25% by 2032, aiming to decrease unnecessary packaging and limit the use of virgin materials. If packaging fails to meet these targets, producers that continue to use recyclability claims could be subject to fines or outright sales bans.

Mandates for post-consumer recycled (PCR) content for non-bottle rigid plastics are currently active in New Jersey, California and Canada. New Jersey started requiring 10% PCR content in 2024, with a target of 50% PCR by 2036. California will require 10% PCR beginning in 2027, increasing to 25% by 2032. As of 2025, Canada now requires 20% PCR content, with a target of 50% by 2030.

This policy trend represents an evolution from voluntary sustainability commitments to a mandated approach requiring adaptation by all stakeholders in the value chain. Manufacturers are driven to advance and innovate, creating materials and packaging systems that are easier to recycle and integrate PCR content.

Circular Solutions for Snacks

Converting existing laminated snack packaging into a more sustainable alternative can be achieved without disrupting current filling or sealing operations and without impacting preservation performance. For example, transitioning to recyclable materials and downgauging material usage will improve packaging circularity. Simply maintaining the current tray footprint while designing for recyclability can minimize disruptions to filling and packaging processes.

The Association of Plastic Recyclers (APR) Design® Guide is an authoritative resource for sustainability recommendations.² The guide helps brands measure each aspect of a package design against industry-accepted criteria to ensure compatibility with curbside mechanical recycling and/or incorporate high-quality PCR content to reduce the need for virgin materials. In addition, APR Design® for Recyclability Recognition is third-party validation to provide confidence that a package or packaging component’s design is compatible with the North American recycling system.

Tyson Foods was ahead of the trend when they requested a recyclability assessment of their Hillshire Snacking tray family.³ A sustainable packaging assessment identified the paper component of the snack pack’s attached label as incompatible with curbside mechanical recycling. The use of multiple materials can make packaging waste harder to sort, and adhesives often leave behind a residue that contaminates the feedstock. Switching from paper to a polypropylene (PP) pressure-sensitive label not only improved recyclability for Tyson’s product, but it also enhanced packaging performance. Following rigorous testing, the Hillshire Snacking tray and redesigned labels successfully met and exceeded the strictest APR PP Critical Guidance protocols.⁴

Maintaining the current tray footprint while designing for recyclability can minimize disruptions to filling and packaging processes. Image courtesy of Plastic Ingenuity.

How Does Your Packaging Stack Up?

One strategy to optimize laminated snack packaging design for upcoming sustainability mandates is to align with the requirements of California’s SB 54 legislation. Brands considering this approach might appreciate the logic that upholding the highest criteria means their packaging will comply with EPR laws in other states as well. Of course, this method won’t work for everyone.

The pathway to compliance is unique to each product, and a sustainable packaging assessment is a great place to start. The process begins by identifying detailed sustainability objectives and assessing the design and materials of current packaging systems. A life cycle assessment (LCA) examines the environmental impact of various choices, from raw material extraction to end-of-life management, providing comprehensive sustainability metrics, including a product’s embodied carbon, water usage, fossil fuel usage, and energy consumption.

Comparing an existing package’s design and material choices against the APR Design Guide, How2Recycle Framework and other relevant criteria is another important step.⁵ From there, gap analysis will identify discrepancies between the current packaging system and the desired sustainability goals. Finally, a customized roadmap with clearly defined action steps and recommended timelines provides a direct route to implementation.

Ways to get on the path to achieving specific recyclability targets:

• Transition to recyclable materials, like swapping OPS trays to PET.
• Maximize PCR materials wherever possible. FDA No Objection Letter (NOL) status for food-grade applications is available for materials sourced from both mechanically and advanced recycled processes.
• Confirm third-party certifications for PCR materials, such as ISCC PLUS mass balance allocation, to ensure credibility and transparency of recycled material sources.
• Identify downgauging opportunities to reduce material usage, and document minimization efforts for reporting plastic source reduction.
• Follow design for recyclability guidelines, including the APR Design Guide and How2Recycle Framework.

The journey to sustainability is enduring. Voluntary brand commitments have made great strides, and now EPR for packaging policies are driving advancements in sustainable practices and incentivizing the shift toward a circular economy. Thermoform packaging requirements are evolving in real time. Brands must stay dedicated to achieving sustainability goals that will benefit not only their business but also the planet and future generations.

About the Author:

Zach Muscato is the Director of Sustainability and Innovation at Plastic Ingenuity, and helped the company achieve a Silver EcoVadis Sustainability Rating. He has dedicated his career to the thermoformed packaging industry. Visit: https://www.plasticingenuity.com/snackpackaging/

References

1 https://epr.sustainablepackaging.org

2 https://plasticsrecycling.org/apr-design-hub/apr-design-recognition/

3 https://www.plasticingenuity.com/customer-story/recyclability-through-apr/

4 https://plasticsrecycling.org/apr-design-recognition-program

5 https://how2recycle.info