Navigating packaging EPR in the US: Are you prepared for Colorado’s upcoming deadline?

With less than a week before Colorado’s first enforceable producer deadline, the introduction of Extended Producer Responsibility (EPR) for packaging in the US is taking shape. Many producers, however, remain uncertain about their obligations.

Who is affected?

Whilst regulations are still being finalised, the immediate challenge for businesses is to determine if they will have obligations under the five new packaging EPR laws in the US. Familiar definitions from across Europe may not directly translate across the Atlantic, as each states’ regulations bring their own set of requirements. At its core, packaging EPR in the US aims to drive those with influence over production to make more sustainable choices—starting with putting responsibility on the brands themselves.

Here are a few considerations to help figure out if your business is affected:

• Are you a brand or trademark owner, or a licensee of one in the US?
• Are you registered as a business in the US?
• Do you retail products online and ship them directly to consumers in the US?
• Are you the first importer of products into the US?

If your global turnover is above $1 million and you answered ‘yes’ to any of the above, it’s likely that you will need to comply. The prohibition of sales for non-compliant producers will start in Colorado and Oregon from next year.

Steps to compliance

Producers who don’t opt to comply individually, or who operate in states that do not allow independent compliance, must join a Producer Responsibility Organisation (PRO). So far, only one PRO has been approved—the Circular Action Alliance (CAA). The CAA will operate programmes in Colorado, Oregon and California, and plans to apply for approval in Maine. If your products are sold in Colorado and you think your business might be obligated, it is mandatory to complete the CAA’s non-obligating registration by 1 October 2024.

Differences between states

In the absence of a national EPR law in the US, there are a few key differences to note amongst the states that may also impact your obligation:

• Business location
• Turnover threshold
• Tonnage threshold
• Scope of materials
• Covered end-user definitions

Valpak support

For more information, we offer a comprehensive USA Packaging Summary Report with details on current, proposed and failed EPR laws across the country.

For further support in understanding your potential obligations, or to seek assistance from our dedicated team at Valpak, please contact us by emailing [email protected]