Understanding Extended Producer Responsibility (EPR)
Extended Producer Responsibility (EPR) is a policy approach that shifts financial and operational responsibility for post-consumer packaging waste from local governments to producers — the companies that place packaging on the market.
These programs are designed to:
- Increase recycling rates and reduce landfill waste
- Incentivize design for recyclability and material reduction
- Encourage accurate and transparent environmental labeling
- Support the development of domestic recycling infrastructure
While implementation varies by state, all EPR laws share a focus on producer accountability, data transparency, and packaging design improvement.
Current U.S. EPR Legislation Overview
Key EPR Concepts
Producer Responsibility Organization (PRO)
A third-party organization (such as the Circular Action Alliance) designated to collect data, administer fees, and fund recycling improvements on behalf of producers. Producers must register with and report through a PRO in each EPR state.
Eco-Modulation
A system where EPR fees are adjusted based on environmental performance. Recyclable, mono-material, or compostable packaging structures typically receive lower fees, while complex or non-recyclable formats incur higher fees.
Design for Recyclability
EPR frameworks reward design that facilitates recycling — such as mono-material polypropylene or PET trays, reduced use of barrier layers, and elimination of problematic additives (e.g., PVC, PS, or carbon black pigments).
SB 343 Compliance (California)
Under California’s “Truth in Labeling” law, a package cannot display the chasing arrows symbol or claim “recyclable” unless it meets CalRecycle’s criteria for sortation and end-market viability.
Material Labeling and Claims
EPR states increasingly require claims to align with How2Recycle or APR guidelines. Unsupported or misleading claims may be penalized under both state and federal regulations.
Covered Packaging
Includes all materials used for containment, protection, handling, delivery, or presentation of goods — whether primary (consumer-facing), secondary (multi-pack), or tertiary (transport). Compostable packaging is covered in some states.
Reporting Requirements
Producers must provide annual data on:
- Material type and weight by category
- Recycled content
- Labeling and recyclability claims
- End-market destinations (where applicable)
Compliance Deadlines
Most states require producer registration in 2025, with fee payments beginning between 2026–2027. Early data collection is essential to ensure accurate reporting.
How Go-Green Supports EPR Compliance
- Material data sheets detailing resin type, layer structure, barrier percentage, and additives
- APR certification and sortation test reports (including NIR-detectable black)
- SB 343–compliant recyclability and compostability claim guidance
- Life cycle and carbon reduction data (17% process waste reduction, 30% carbon footprint improvement)
- Customer-specific EPR reporting templates for PRO submission
Why Partner with Go-Green?
- EPR-aligned design: Products engineered for compliance and circularity under laws like California’s SB 54
- Lower fee potential: Low-barrier and mono-material structures positioned for eco-modulated incentives
- Future-ready solutions: Compatible with evolving EPR requirements in Oregon, Colorado, Minnesota, and New York
- Transparent data: Full technical documentation available for regulatory and retailer reporting
Recommended Next Steps for Customers
- Identify covered packaging — determine what you place on the market in EPR states.
- Confirm registration — check whether your organization meets state thresholds.
- Engage with PROs — join or designate a Producer Responsibility Organization (e.g., Circular Action Alliance).
- Collect packaging data — gather composition, recyclability, and labeling details from your suppliers.
- Collaborate early — work with Go-Green to align your packaging portfolio with recyclability and eco-modulation criteria.
