NAW continues to monitor the development of Extended Producer Responsibility (EPR) laws throughout the country. EPR is a policy approach that holds producers (as defined in laws and regulations) responsible for their products throughout their entire lifecycle, including the post-consumer stage. Distributors are often considered “producers” under state laws. Supporters of these legislative efforts believe it helps to achieve environmental goals, such as recycling targets. Since 2021, seven states (OR, CO, MN, CA, ME, MD, WA) have passed EPR laws for packaging. As the web of state laws progress, the complexities of defining responsible parties, and potentially fining distributors deemed “producers” is proving both cumbersome and costly.
As more states look to pass legislation and begin enforcing EPR laws, NAW is seeking to understand better the impact this will have on member companies. The many legal questions surrounding these laws is an area our Legal Policy Center (LPC) is actively seeking feedback. If this is an issue your company is closely monitoring and concerned about, please let us know at [email protected].
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