Dan Felton, Former Executive Director of AMERIPEN11.01.24
Monitoring and understanding U.S. extended producer responsibility (EPR) laws for packaging has advanced from being a future concern to becoming a reality, and high priority—or at least it should be. Beauty and personal care brand owners will soon become financially responsible for the end-of-life management of their packaging in five states—Maine, Oregon, Colorado, California, and Minnesota—with more likely to follow. It’s important that brand owners understand not only the provisions of these current laws, but also how industry collaboration can help create fair and effective EPR packaging laws in the future.
Compliance timelines for brands and producers vary across the states: Up first are Oregon and Colorado, which require producer payments by July 2025, followed by Maine by late 2026, California by early 2027, and Minnesota by early 2029. Varied approaches by each state for implementation of their laws showcase the complex nature of EPR and the need for industry expertise from across the packaging value chain.
Minnesota also takes a graduated approach to implementation: Packaging producers will begin paying for recycling costs starting at 50% in 2029, 75% in 2030, and 90% in 2031. Service providers must register and meet performance standards for reimbursement based on competitive bids, and local governments will serve as engaged partners. Beneficial antitrust provisions are included to promote fair competition.
The next few years will prove informative as the diverse packaging EPR laws manifest. Ultimately, the most successful laws will be able to drive sustainability, reduce waste, and boost recycling and composting rates in their states. Minnesota’s law stands out for its collaborative nature and consideration of industry perspectives, and AMERIPEN will continue to be working with lawmakers in other states on behalf of the entire packaging industry.
For more information about packaging EPR policy and implementation in the United States, visit our EPR webinar series pages at www.ameripen.org or contact us at [email protected].
Compliance timelines for brands and producers vary across the states: Up first are Oregon and Colorado, which require producer payments by July 2025, followed by Maine by late 2026, California by early 2027, and Minnesota by early 2029. Varied approaches by each state for implementation of their laws showcase the complex nature of EPR and the need for industry expertise from across the packaging value chain.
Minnesota’s Program Sets a Good Example
Among the five states, AMERIPEN believes Minnesota’s law does the best job of developing an EPR program that will be reliable, efficient, equitable, fair, and effective — characteristics that AMERIPEN believes are critical to an effective EPR program. Minnesota’s framework establishes a model of true shared responsibility and aligns with the state’s robust recycling and composting infrastructure. A strong producer responsibility organization, formed by packaging producers, will ensure that producer fees will directly fund initiatives to increase recycling and composting.Minnesota also takes a graduated approach to implementation: Packaging producers will begin paying for recycling costs starting at 50% in 2029, 75% in 2030, and 90% in 2031. Service providers must register and meet performance standards for reimbursement based on competitive bids, and local governments will serve as engaged partners. Beneficial antitrust provisions are included to promote fair competition.
The next few years will prove informative as the diverse packaging EPR laws manifest. Ultimately, the most successful laws will be able to drive sustainability, reduce waste, and boost recycling and composting rates in their states. Minnesota’s law stands out for its collaborative nature and consideration of industry perspectives, and AMERIPEN will continue to be working with lawmakers in other states on behalf of the entire packaging industry.
For more information about packaging EPR policy and implementation in the United States, visit our EPR webinar series pages at www.ameripen.org or contact us at [email protected].
