Multiple states are rolling out a tapestry of directed extended producer responsibility (EPR) laws, recyclability mandates, and minimum post-consumer recycled (PCR) content thresholds — signalling a significant shift in who shoulders the cost of food packaging waste.
While EPR for packaging has long been applied to electronics, batteries, paints and other products, over the last half‑decade it has surged into the realm of food packaging. Maine pioneered the movement with its 2021 law, and today seven jurisdictions — California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington — have enacted full-scale EPR programmes targeting food and beverage containers.
EPR shifts responsibilities — and costs — for collection, sorting and recycling from municipal governments to brand owners, manufacturers, importers and distributors. In most states, these entities are required to join a Producer Responsibility Organization (PRO), such as the Circular Action Alliance, which is already active across five of these states.
Scope of Coverage
The type of packaging included varies state by state. California focuses primarily on plastics, while others extend to paper, glass, metal — even single-use foodservice containers like clamshells and utensils.
Similarly, “producers” receive different definitions: some states assign responsibility to manufacturers and distributors, others reach down the supply chain to brand holders or retailers, including fast-food chains and grocers. Exemptions apply for small businesses, low-volume producers, biodegradable packaging, or containers already regulated under bottle-deposit schemes.
Compliance Framework
EPR systems include:
- PRO participation and fee payment — typically volume- or weight-based, with penalties for noncompliance (including daily fines or even market exclusion).
- Reporting obligations — producers must disclose types and volumes of packaging put on market; PROs report recycling rates.
- Stakeholder engagement — many PRO frameworks mandate coordination with recyclers, local governments and community stakeholders.
- Optional independent compliance — some jurisdictions allow firms to fulfil obligations directly, bypassing collective PROs.
PCR Content and Recyclability Targets
Alongside EPR, several states have adopted recyclability mandates and minimum recycled content requirements specifically for food packaging. In California, AB 793 demands:
- 25–50 percent recycled content for beverage containers by 2025–30;
- 25 percent reduction in plastic packaging by 2023;
- All packaging be recyclable or compostable by 2032;
- 65 percent recycling rate for single-use plastics by 2032.
Elsewhere, Oregon requires 50 percent recycled content for glass food and drink containers, while Washington applies phased-in mandates across multiple packaging types. New Jersey — although not yet EPR‑mandated — has enacted PCR rules and is considering broader stewardship legislation. And four to five other states have implicitly or explicitly built in PCR mandates for plastic packaging.
Drivers and Implementation Challenges
States underpin these requirements with rationale tied to recycling crises – notably the collapse of export markets – and the excessive burden placed on local municipalities. EPR proponents argue that making producers pay shifts incentives toward more recyclable, fewer materials-intensive packaging.
But significant challenges remain. PCR feedstock is costly and limited; industry concerns persist about whether EPR schemes and recycling infrastructure can ramp up sufficiently to meet demand.
What Food & Beverage Businesses Should Do
Companies across the value chain should:
- Map exposure: Determine their exposure — which states cover their packaging, under what definitions.
- Redesign: Engage suppliers to increase recyclability and PCR content, mindful of brand impact.
- Forecast compliance: Consider integrating EPR costs into pricing models.
- Remain vigilant: Monitor pending bills — a dozen states are actively reviewing EPR legislation.
- Engage: Join PROs or build internal systems, and prepare for registration deadlines — for instance, Oregon’s PRO registration was mandatory by March 31, 2025; Minnesota’s by July 1, 2026.
