EPR for Packaging Laws
Proven policy solution to improve recycling through dedicated funding and system-wide coordination
About Extended Producer Responsibility Packaging Laws
Extended Producer Responsibility (EPR) for packaging and printed paper is the only proven policy to provide sufficient, ongoing, and dedicated funding to increase recycling for all packaging types. EPR policies increase recycling rates and reduce plastic waste; reduce greenhouse gas emissions; drive more sustainable packaging design; and reduce costs on local and state governments.
Under our policy and advocacy initiatives, the APR works with U.S. states and stakeholders to adopt and implement EPR for packaging policies as a critical solution to improve plastics recycling. It is essential to increase collection of recyclable plastics by making recycling more convenient and accessible. Plastics recycling can be improved immediately with greater consumer access to recycling and more participation in recycling programs.
How Will Packaging EPR Laws Improve Plastics Recycling?
One of the biggest challenges to increasing plastics recycling is the lack of supply: the US does not collect enough recyclable plastics from households and businesses. A 2024 national recycling report found US residents only recycled 28% of their PET bottles, 32% of cardboard boxes, and only 30% of aluminum cans. The US recycling system is under-performing across all packaging types. EPR policies greatly improve recycling collection by increasing both the number of households participating in recycling and the amount of recyclables collected from households.
For example, Colorado’s EPR for packaging law is expected to double the state’s recycling rate by 2035, provide 500,000 new households with curbside recycling programs, and improve recycling programs for nearly 200,000 rural households.
In addition to increasing the collection of more recyclable plastics, EPR policies provide significant additional benefits including:
- Harmonized recycling programs and common lists of accepted materials
- Financial incentives for design for recyclability and use more recycled content
- Promote investments in sorting and processing infrastructure, including existing and new facilities
- Coordinate transportation, infrastructure, education, and more between local governments and the private sector.
- Dedicate resources to scale recycling programs for more challenging plastics such as flexible packaging.
Which US States Have EPR for Packaging Laws?
- Existing Law
- Needs Assessment
- Bill Introduced
Where is EPR for Packaging in Place in Canada?
Packaging EPR laws have been adopted by most of the provinces in Canada and these laws cover 99.9% of the Canadian population. British Columbia adopted a fully producer-funded EPR program in 2011 while other provinces started with shared funding laws that split the costs between producers and local governments. Nearly all provinces are transitioning from a shared cost model of EPR to a fully produced funded and implemented program. This transition is being rolled out in phases throughout 2025-2027 based on timelines in each province.
- Transitioning to Full EPR
- EPR Fully Implemented
How Does APR Engage in Packaging EPR Policies?
APR supports the development and adoption of effective packaging EPR laws in US states. This includes working with local stakeholders, educating and engaging legislators, providing public testimony, lobbying, and partnering with non-profits, local governments, and other industry groups. APR staff are also frequent speakers on packaging EPR and other policy solutions to improve plastics recycling at conferences, webinars, and other events.
APR is also committed to ensure packaging EPR is effectively implemented across US states and Canada. APR works with state agencies, PROs, and with many other stakeholders throughout the rulemaking process, program plan development, and other implementation stages. In addition, APR members hold seats on the EPR Advisory Boards in California and Colorado.
EPR for Packaging Laws FAQs
In general, the producer is the brand name on the product; in some cases, the responsibility may fall instead to the manufacturer or first importer. However, each state law is different both in the types of covered products and the definition of producer. Each company must review the producer definition under each state’s packaging EPR law and determine whether it is a covered producer. Visit the Producer Resource Center through Circular Action Alliance to learn more.
Yes, some states have set specific recycling targets for plastic packaging through their EPR laws. Other states will set recycling targets after conducting a Needs Assessment and/or as part of the EPR program plan. Here is an overview of the recycling rates set under packaging EPR laws:
| Location | Materials Covered | First Target | Final Target |
|---|---|---|---|
| California | Plastic packaging | 30% by 2028 | 65% by 2032 |
| Oregon | Plastic packaging | 25% by 2028 | 70% by 20250 |
| Colorado | Packaging & paper products | Set by PRO under Program Plan | |
| Maine | Packaging only | Set by state agency | |
| Minnesota | Packaging & paper products | Set by state agency after Needs Assessment |
In addition, the California law sets source reduction goals for plastic packaging that also include minimum rates for reusable and refillable packaging. The state will allow some credit for the use of post-consumer recycled content toward the source reduction goals:
- 10% by 2027 w/>2% reuse/refill
- 20% by 2028 w/>4% reuse/refill
- 25% by 2032 w/>10% reuse/ refill/elimination
- Up to 8% credit for PCR content (final formula TBD)
Yes, laws in California and Minnesota include goals for 100% recyclable, compostable or reusable packaging by 2032.
EPR will benefit plastics recyclers by increasing the amount of plastics recycled, reducing contamination, and driving investments in infrastructure.
Recyclers will have responsibilities under these laws as well, including additional data reporting, site audits, environmental standards, minimum yield recovery rates, and more. These requirements commonly fall under the definition of “responsible end markets.” Many of the details of these obligations on recyclers are currently being developed and APR is actively engaged in these conversations.
Bottle deposit programs, also called recycling refunds or deposit return systems (DRS), are an effective policy to increase recycling rates specifically for beverage containers. Packaging EPR and recycling refunds are complementary policy solutions, and when used together, have shown to result in the highest recovery rates for plastic packaging. Learn more about APR’s position on deposit laws.
EPR laws can include some requirements or incentives for companies to use more recycled content. This can be done in two main ways:
- Establish PCR rates: PCR rates are either specifically set in the legislation, or the legislation requires the state or the PRO to propose PCR goals as part of the EPR program plan.
- Provide eco-modulation incentives: Financial incentives, in the form of lower fees, can be awarded to products with higher PCR usage. This is typically done in the ecomodulation requirements.
However, EPR laws by themselves are unlikely to stimulate the needed market demand to effectively scale plastics recycling. APR supports both EPR policies and PCR requirements as critical and complementary policies to reduce plastic pollution. Both supply and demand policies are needed to improve plastics recycling; it’s a both-and, not either-or. Learn more about APR’s position on minimum recycled content standards.