[co-author - Bryce Lourie]
Across the country, states are enacting so called “Extended Producer Responsibility” (EPR) laws aimed at reducing plastic waste and shifting the cost of recycling these plastics from the consumer back to the producer. This is done primarily by establishing a Producer Responsibility Organization (PRO), an entity to which producers join and pay fees. The PRO then implements and funds waste management, recycling, and waste reduction practices. At least five states have already enacted EPR laws, and more are considering them. Businesses that sell materials covered by the laws, broadly single-use packaging and single-use foodware, will need to keep up with developments and deadlines in these laws to make sure they comply.
California – Regulatory rulemaking to “start over”
California’s Senate Bill (SB) 54 (2022), or the Plastic Pollution Prevention and Packaging Producer Responsibility Act, seeks to reduce single-use plastic packaging and foodware by shifting the cost of processing these materials to their producers, rather than consumers. Over the last few years, industry groups, environmental advocates, regulators, and lawmakers have been working together to determine how the law will be implemented.
On March 7, 2025, the deadline to finalize regulations for SB 54, California Governor Gavin Newsom told the Department of Resources, Recycling, and Recovery (CalRecycle) to restart the regulatory rulemaking process for SB 54 due to concerns about the potential costs to businesses and consumers. Now that Governor Newsom has ordered negotiators back to the drawing board, it is unclear how and if broader deadlines in the statute will be met.
As it stands, the first major deadline for producers is January 1, 2027. By this date, producers must both join a PRO and reduce single-use plastic packaging and foodservice packaging by 10%. Registering with the state-approved PRO, Circular Action Alliance (CAA), will help regulated businesses stay informed as more information on timelines become available.
Oregon – First deadline fast approaching on March 31, 2025
Oregon’s plastic packaging EPR law, the Plastic Pollution and Recycling Modernization Act, SB 582 (2021), is further along than California’s and the first major deadline for producers is fast approaching. By March 31, 2025, producers of covered products must register with the state-selected Producer Responsibility Organization (PRO), which is also CAA, and report detailed data regarding the number, weight, and category of covered items distributed in Oregon in 2024. This data will be used to calculate each producer’s PRO fees, which are due July 1, 2025.
Other States – Moving compliance targets to track
- Colorado: Colorado’s plastic packaging EPR law is the Producer Responsibility Program for Statewide Recycling Act, House Bill 22-1355 (2022). Producers must register with the PRO, again CAA, by July 1, 2025, and pay their first dues by January 1, 2026.
- Minnesota: Minnesota’s EPR law is the Packaging Waste and Cost Reduction Act, HF 3911 (2024). Producers must register with the PRO (CAA) by July 1, 2025.
- Maine: Maine’s EPR law is a stewardship program for packaging material, Maine Rev. Stat. § 2146 (2021). There are no set deadlines for producers yet, but the Maine Department of Environmental Protection has indicated May 2026 as a tentative registration deadline.
What’s Next for My Business?
Businesses subject to the EPR laws should take the following actions:
- Businesses should determine if they (1) are considered a “producer” under each state’s law and (2) if they manufacture or distribute products that are covered by that law.
- Producers of covered products should register with the state’s approved PRO by the mandatory deadlines. For some states like Oregon, this deadline is fast approaching and requires reporting sales data. For other states with less pressing deadlines, registering with the PRO can help ensure that you receive the latest updates and requirements directly from the source. So far, CAA is the only PRO approved by any state, which makes registration easy through one form. Producers can register with CAA here.
- Businesses should keep apprised of this developing area to ensure continued compliance across all states adopting EPR laws.
