Extended Producer Responsibility (EPR) Packaging Law Update

When we last surveyed the extended producer responsibility (EPR) legal landscape for packaging, seven states had enacted comprehensive product stewardship programs, and the central thrust was preparation for the core obligations under those emerging regimes.¹ Since our last update, those obligations have become increasingly concrete, as packaging EPR laws have moved beyond enactment and into implementation, enforcement, and, in some instances, litigation.

Across the states with enacted EPR programs, implementation is moving forward at different stages: permanent regulations have taken effect in certain states, producer registration and reporting deadlines have passed or are fast approaching, and the first producer compliance fees have become due in Oregon and Colorado.