With a heightened focus on corporate sustainability, Extended Producer Responsibility (EPR) for packaging continues to gain traction. Across the United States, these laws are being adopted, rewritten, and refined to help curb waste, improve recycling systems, and reduce the environmental impact of packaging materials. If your business works with packaging in any capacity, staying updated on these regulatory changes is essential.
This blog explores the latest EPR packaging developments, including Washington’s new law, updates from other states, what these changes mean, and what lies ahead.
Understanding EPR Laws
EPR laws require producers to take greater accountability for the lifecycle management of packaging products. These laws ensure that producers bear the financial and operational responsibility for recycling and disposal, which lightens the burden traditionally placed on taxpayers and local governments. It’s a framework that aims to promote sustainable packaging design, improve recycling rates, and foster a circular economy.
By shifting focus upstream, EPR laws encourage innovation in sustainable packaging, incentivize increased recycling rates, and significantly reduce waste sent to landfills. They ensure that environmental responsibility becomes an integrated aspect of business, all while addressing challenges in the global supply chain.
Washington’s New EPR Law
On May 17, 2025, Washington Governor Bob Ferguson signed SB 5284 into law, marking the state as the seventh in the nation to adopt an EPR law for packaging - joining California, Colorado, Maine, Maryland, Minnesota, and Oregon.
Key Features of Washington’s New EPR Law:
- Statewide Recycling Improvements: The law aims to establish an inclusive statewide recycling collection list, ensuring all homes with curbside trash service gain access to curbside recycling. This effort could expand recycling services to hundreds of thousands of households across WA.
- Producer Responsibilities: Producers must reimburse 90% of recycling system costs by 2032, with phased reimbursements beginning at 50% in 2030 and gradually increasing.
- Focus on Accountability: Material recovery facilities (MRFs) are required to submit detailed annual reports on recycling volumes and material quality. Furthermore, MRFs receiving over 25,000 tons of materials annually must meet compensation standards for workers starting in 2028.
- Exemptions and Thresholds: Certain food and medical packaging types are exempt. Additionally, producers demonstrating a sustained 65% recycling rate for three years may receive exemptions for specific materials.
This law doesn’t just create immediate change; it establishes a structure for long-term evolution. The Department of Ecology will oversee its implementation with assessments due in 2026 and periodic updates.
Other States Making Progress
While Washington is the latest state to approve an EPR packaging law, there are several across the country making legislative strides toward sustainable packaging. Here are a few other states with potential EPR laws in play for 2025:
New York
The state’s Packaging Reduction and Recycling Infrastructure Act is under consideration. If passed, it will fund recycling system improvements and ban harmful chemicals like PFAS from packaging materials. Competing legislation, the Affordable Waste Reduction Act, proposes a measured approach through needs assessments and producer responsibility organizations (PROs).
Massachusetts
A new packaging EPR bill combines recycling goals with reduction rates, boosting efforts for more sustainable manufacturing. Meanwhile, a state commission is actively studying EPR for packaging, indicating further developments in 2025.
Connecticut
Connecticut recently introduced a study bill on EPR, signaling initial steps in its legislative approach toward sustainable waste management.
New Jersey
An active EPR proposal in New Jersey outlines specific reduction targets and recycling system requirements, emphasizing actionable steps alongside a detailed state needs assessment.
Challenges and Pushback
While EPR laws are undeniably forward-thinking, they face opposition from sectors such as waste haulers and large producer associations. Critics argue that EPR programs may increase costs for end consumers and require extensive system changes, creating logistical hurdles for producers and local governments alike.
Balancing Costs and Benefits
Proponents, however, emphasize the benefits of transforming outdated waste management systems into efficient, sustainable circular frameworks. EPR laws help close recycling gaps and direct investment in infrastructure, promising both environmental and long-term economic benefits.
How Businesses Can Stay Ahead
For businesses, these laws mean rethinking packaging strategies to meet compliance standards. Here are some steps to consider:
- Adopt Recyclable Materials: Invest in materials with high recyclability and reuse potential to align with EPR goals.
- Collaborate with PROs: Build partnerships with producer responsibility organizations to streamline compliance and reduce costs.
- Stay Updated: Monitor updates to recycling systems and EPR legislation in your operating states. Engaging with sustainability leaders and industry groups can provide insight into best practices.
- Engage with Experts: Consulting professionals specializing in sustainability and compliance, like our team at Clearyst Advisory, can fast-track your business’s adaptation to EPR laws.
Sustainability as a Competitive Edge
EPR laws are not merely about compliance; they reflect a broader consumer demand for environmentally responsible businesses. Companies can differentiate themselves by integrating sustainability into their brands, aligning with a growing market of eco-conscious consumers.
The surge in EPR legislation across the U.S. reflects a growing acknowledgment of producer-level responsibility in combating waste. With numerous states setting ambitious targets, the rest of the country is poised to follow suit. The coming years will be critical for businesses to adapt and for lawmakers to refine these systems through collaboration and innovation.
Take Action Today
If you’re a business navigating the evolving landscape of EPR laws, now is the time to act. We’ve helped a number of companies navigate the EPR compliance process, building in sustainable practices to not only meet regulatory hurdles but also capitalize on broader market demands.
Learn more about EPR packaging laws in the US and be sure to check out the recording of our March 2025 webinar with the Circular Action Alliance for more information.