It Starts With States

A growing number of states are adopting Extended Producer Responsibility (EPR) laws for packaging in the U.S. © Hovhannes – stock.adobe.com

How New EPR Bills Could Shape Sustainability

By Brian Reinhart, Chief Revenue Officer at Packsize

Extended Producer Responsibility (EPR) is a policy approach that holds manufacturers accountable for the entire lifecycle of their products, particularly in terms of waste management and recycling. Several states are implementing or considering EPR laws, emphasizing the shift towards more sustainable packaging practices.

The benefits of EPR include reducing landfill waste and encouraging manufacturers to design more eco-friendly products. While there are challenges, including the need for effective regulatory frameworks and the importance of stakeholder collaboration, steps are being taken within the industry to overcome them.

Growing recognition of the role that packaging producers play in addressing environmental issues related to packaging waste is helping to advance how businesses can adapt to new regulations while reducing storage needs, simplifying processes and increasing brand loyalty. And, states continue to push that momentum forward with new legislation.

The Current State of State Legislation

According to Source Intelligence, there are currently seven states that have active EPR or similar legislation: California, Colorado, Maine, Oregon, New Jersey, Minnesota and Washington. Other states with legislation under consideration include Hawaii, Illinois, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Tennessee and Washington.

More recently, the New Jersey Senate passed a bill prohibiting oversized packaging from large e-commerce and retail companies, signaling a significant shift in how the state approaches packaging waste and recycling. But, quite possibly the most aggressive goal has been established by California, which has targeted that by 2032, 100 percent of packaging in the state be recyclable or compostable.

Specifics of EPR packaging laws vary by state, but typically include sustainable packaging design options such as recyclability or reuse, along with the responsibility of end-of-life management of products and packaging. Other areas that are addressed under state legislation include recycling goals, funding from producers (such as financing collection, recycling or disposal), collection systems and reporting.

Beyond the States – Industry Organizations Weigh In

The Solid Waste Association of North America (SWANA) recently announced new guidelines for EPR programs aimed at providing a framework for managing product life cycles and improving recycling efforts. The guidelines emphasize collaboration between producers, governments and waste management organizations to enhance sustainability and reduce waste. The guidelines also address best practices for implementation and compliance, ensuring that EPR programs are effective in promoting environmental responsibility among manufacturers. The Sustainable Packaging Coalition (SPC), a membership-based project of environmental nonprofit GreenBlue, also provides guidance on the status and content of state EPR proposals.

Unpacking Next Steps

The implications of these legislative trends emphasize the growing importance of cardboard recycling and plastic reduction. New Jersey’s recent bill, focused in part on right-sized packaging, underscores opportunities to rethink packaging options beyond material type to reduce the overall amount of material used. Not only is this a more sustainable option, it’s cost-effective for producers.

But, as with any legislation that is implemented on a state-by-state basis but that requires collaboration from and with global producers, this can be a fairly complex situation. Also, the effectiveness of EPR can be compromised by inadequate infrastructure, lack of uniform standards and poor regulatory enforcement. Additionally, smaller producers can face financial challenges in funding EPR programs, particularly if they lack the resources to set up collection systems.

There is increasing momentum for harmonized global standards for EPR, especially in light of growing plastic pollution and e-waste challenges, presenting a potential opportunity for a more uniform approach to EPR. While EPR is evolving rapidly, with more states implementing or expanding guidelines to address waste and resource management, collaboration within the industry will remain a critical component. With an ultimate goal of shifting the financial and logistical burden of waste management from local governments and taxpayers to producers, producers will be instrumental in driving a more sustainable, circular economy.

About the Author

Brian Reinhart, Chief Revenue Officer at Packsize, the industry leader in right-sized on-demand packaging technology. Learn more at  https://www.packsize.com.

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