Navigating the Evolving Landscape of EPR Laws in the US: Implications for the Food Packaging Industry
The evolving landscape of Extended Producer Responsibility (EPR) laws in the United States is ushering in a new era of environmental responsibility, particularly in the food packaging industry. These state-specific initiatives are not only redefining sustainability standards but also challenging industry leaders to innovate and adapt. In this comprehensive exploration, we delve into the intricacies of these regulations, with a special focus on California's groundbreaking legislation and the broader impact on sectors such as milling, frozen foods, nuts, seeds, agriculture, and frozen fruits.
Oregon's Trailblazing Model
Oregon's trailblazing Extended Producer Responsibility (EPR) policy, as reported in a recent Packaging Dive article, stands as a pioneering model in waste management and recycling in packaging, guiding other states considering similar legislation. This policy is enshrined in Oregon's legislative framework, with the Department of Environmental Quality (DEQ) recommending specific materials for recycling under separate collection services, as per ORS 459A.914(1)(b) and ORS 459A.896(1). The list includes a variety of materials, notably steel and aluminum aerosol packaging, single-use liquid fuel canisters, pressurized cylinders, aluminum foil, and pressed foil products, glass packaging like bottles and jars, shredded paper, polyethylene film, and HDPE package handles.
In terms of material-specific collection targets, Oregon has set ambitious goals. For glass packaging, the target is 45 percent. Polyethylene film has a target of 25 percent collection by 2028, increasing to 50 percent by 2040 and maintaining this level in subsequent years. Targets for steel and aluminum aerosol packaging, pressurized cylinders, aluminum foil, and pressed foil products, block white expanded polystyrene, PE and PP lids, and HDPE package handles are yet to be determined. These targets must be proposed by the Producer Responsibility Organization (PRO) in their program plan and approved by the DEQ. Future program plans are required to contain higher collection targets or justify why targets have not changed.
Oregon's EPR policy establishes two key recycling materials acceptance lists: the Local Government Recycling Acceptance List and the PRO Recycling Acceptance List. Local governments are mandated to provide recycling opportunities for materials on the Local Government Acceptance List, which is a subset of the Uniform Statewide Collection List. This list includes materials that may be commingled. The PRO Recycling Acceptance List, on the other hand, requires PROs to offer collection and recycling opportunities for its designated materials. This comprehensive approach ensures a coordinated effort across various government levels and organizations, aiming to significantly improve recycling rates and sustainability in Oregon's packaging industry.
California's Progressive EPR Legislation
As of January 8, 2024, California has chosen the Producer Responsibility Organization (PRO), Circular Action Alliance, to implement and manage its Extended Producer Responsibility (EPR) rules and objectives, as outlined in Article 2 of the statute (PRC 42050 to PRC 42057). The PRO's duties include developing and submitting a producer responsibility plan and annual budget, and submitting annual reports to CalRecycle. These reports detail the PRO's implementation of the plan and compliance with statutory and regulatory requirements. Additionally, the PRO must register with CalRecycle’s Recycling and Disposal Reporting System (RDRS) or a similar system, report specified data, and provide contact information of participant producers upon request. It must also conduct annual audits and set fees for participant producers to fund the budget and contribute to the California Circular Economy Administrative Fee and the California Plastic Pollution Mitigation Fund. Moreover, the PRO is responsible for developing and implementing a source reduction plan. This same organization also oversees the implementation of EPR laws in Colorado and Maryland.
California’s EPR law, Senate Bill 54, stands out for its comprehensive approach to waste reduction and sustainable packaging. Key elements include:
Material Acceptance List: The law mandates the creation of a material acceptance list, which was just released on January 8, 2024, outlining acceptable materials for packaging. This list will significantly influence packaging designs, pushing for materials that are easier to recycle and more environmentally friendly.
Producer Responsibility: Producers must design packaging that minimizes waste, is recyclable or compostable, and incorporates post-consumer recycled material.
Recycling and Composting Infrastructure: The bill emphasizes enhancing state recycling and composting infrastructure, ensuring materials used in packaging can be effectively processed.
Consumer Education: It includes provisions for educating consumers about proper disposal and recycling practices, vital for the program's success.
Long-Term Goals: The bill sets ambitious targets for waste reduction and recycling, aiming for a substantial decrease in the disposal of single-use packaging by 2032. In particular, the bill would require not less than 65% of plastic-covered material to be recycled on and after January 1, 2032, and would authorize the department to increase or decrease the specified recycling rates in certain circumstances.
Overview of Other State EPR Policies
The United States sees a patchwork of EPR laws, with each state tailoring its approach. A summary table, as found on sustainablepackaging.org, shows the diversity in these policies, including initiatives in Illinois, Connecticut, Maryland, Colorado, Oregon, Maine, and Washington, each with unique focuses and requirements.
Implications for the Food Packaging Industry:
For industry decision-makers, these varying EPR laws represent both a challenge and an opportunity. The shift towards sustainable and flexible packaging is not just a moral choice but a business imperative. Key considerations include:
Adapting to Material Requirements: Understanding the specifics of material acceptance lists, particularly in California, is essential for compliance and market relevance.
Design Innovation: Developing packaging that meets the dual criteria of sustainability and functionality.
Staying Informed: Keeping up with the evolving legislative landscape to ensure compliance and leverage opportunities for innovation and market leadership.
Conclusion
The food packaging industry stands at a pivotal point, with EPR laws like California's SB54 and Oregon State Senate Bill 582B shaping its future. Embracing these changes and pioneering sustainable packaging solutions is more than a legal necessity; it's a strategic advantage in an increasingly eco-conscious market. As these regulations evolve, staying informed and adaptable is key to thriving in this new era of environmental responsibility.
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