news March 27, 2024

Are You Prepared for the Implementation of New U.S. Extended Producer Responsibility (EPR) Laws?

Companies selling covered products in California, Colorado, and Oregon must register with an approved Producer Responsibility Organization (PRO) by July 1, 2024.

Circular Action Alliance (CAA) is currently the Producer Responsibility Organization (PRO) approved to implement the EPR laws for paper and packaging in California and Colorado, and the only paper and packaging PRO submitting a program plan in Oregon. Thus, to comply with producer registration requirements in California’s, Colorado’s, and Oregon’s EPR laws for paper and packaging products, covered producers must register with CAA by July 1, 2024, unless the producer qualifies for an exemption or the producer intends to submit an individual compliance plan, under applicable law.

Keep in mind that the definitions of a “producer” and “covered products” vary slightly under each state’s packaging EPR law, so it is important to confer with your legal counsel to determine whether you are a covered producer of covered materials subject to the EPR laws.

For example, under California’s EPR law, “covered materials” include residential and commercial single-use packaging and plastic single-use food service ware. The only exclusions from this very broad definition are packaging used for medical devices, prescription drugs, certain products intended for animals, infant formula, certain fortified oral nutrition supplements, pesticides, certain hazardous or flammable products, certain beverage containers, and packages used for long-term protection and storage of a product with a lifespan of more than 5 years.

In other words, under California’s EPR law, single-use packaging for food, cosmetics, dietary supplements, and most consumer products is included in the definition.

Key Takeaway: Companies that expect to have obligations under California, Colorado and Oregon Extended Producer Responsibility laws for paper and packaging must register by July 1, 2024.

Contact us if you have any questions or would like further guidance on your company’s EPR obligations.