Who Pays for Plastic Waste? The Rise of Extended Producer Responsibility (EPR)

Welcome back to NextGen Insights: Bioplastics Unpacked, where we explore the evolving world of sustainable packaging. In our first issue, we highlighted the environmental toll of traditional plastics and the promise of plant-based alternatives. Today, we're focusing on a powerful legal catalyst driving sustainable change: Extended Producer Responsibility (EPR).

What is Extended Producer Responsibility (EPR)?

Extended Producer Responsibility (EPR) is a legislative framework that shifts the financial and physical responsibility for the post-consumer lifecycle of products and packaging from local governments, consumers, and taxpayers to the companies that produce them. Producers typically include businesses that design, manufacture, import, or sell packaged goods. EPR policies encourage producers to design packaging that's recyclable, reusable, or compostable, proactively reducing waste from day one and helping to build a circular economy.

EPR’s Global Evolution

EPR is gaining ground in the United States, but in Europe and many other regions, it's been a go-to strategy for decades. Sweden was the first to adopt the EPR concept in 1990, but Germany often gets the credit for introducing the first full EPR program with its famous "Green Dot" system, Grüner Punkt, just one year later. This groundbreaking program required producers to pay for their packaging's recycling, and became a key influence on the European Union’s adoption of EPR across its member states.

Beyond Europe, South Korea and Japan are also major players, known for their highly advanced EPR systems. They don't just integrate with municipal recycling; they often feature incredibly rigorous sorting requirements for consumers and robust take-back schemes for items like electronics and specific packaging, driving some of the world's highest recycling rates.

A trailblazer in North America, British Columbia, Canada, implemented the first comprehensive EPR program for packaging and paper in 2014. Managed by Recycle BC, this program handed over full financial and operational responsibility for residential packaging recycling from cities to producers. A huge success, Recycle BC has collected an impressive 1.98 million tonnes of packaging and paper from BC residents since its inception, and influenced national EPR policy adoption across Canada.

These early adopters have given us invaluable lessons and blueprints on how to implement effective EPR systems. This is only a small snapshot of the many countries that have followed suit. 

EPR Takes Root at the U.S. State Level

While no federal EPR law is currently in place in the United States, momentum is building at the state level. Several states recognize that producers need to step up, and are pursuing a range of groundbreaking bills and laws.

Just this month, Oregon officially launched its packaging EPR program, RecycleOn Oregon, under the Plastic Pollution and Recycling Modernization Act. This makes Oregon the first U.S. state to implement a comprehensive EPR program for packaging.

Building new policies often comes with setbacks. Despite strong advocacy and passing the Senate twice, New York’s EPR bill failed to make it through the Assembly for the second year in a row this past June. This underscores the complex balancing act of stakeholder interests and the political hurdles of enacting such big environmental laws. While legislative efforts continue, New York's path forward is uncertain.

In addition to Oregon, Maine, California, Colorado, Maryland, Minnesota and Washington have also passed packaging EPR legislation. As these programs roll out, producers will be required to register and pay fees to a Producer Responsibility Organization (PRO) designated in their state. PROs are most often industry-led nonprofits that work collectively to meet EPR obligations. They typically manage fee collection, oversee recycling infrastructure development, and run campaigns to get consumers involved. Circular Action Alliance leads the way as a prominent American PRO, designated for multiple states.

These state-level laws collectively send a clear message: producers must prepare to take responsibility for their products' full lifecycle. It's not if these policies are coming, it’s when. Looking beyond EPR legislation, broader federal programs like the USDA’s BioPreferred® Program, which aims to expand markets for biobased products, also highlight growing support for sustainable materials. This shows that policymakers are hearing people's demand for sustainable change.

Why EPR Matters for the Packaging Industry

For manufacturers and foodservice operators that place packaged products into the market, EPR means one thing: change is coming, fast. Producers who don't adapt to these policies will face increasing costs, compliance risks, and reputational scrutiny. Those who embrace compostable and recyclable packaging solutions early will not only adopt new legal standards with ease, they will win customer trust and gain a competitive edge while contributing to a more sustainable future.

Where We Stand: NextGen Bioplastics & EPR Readiness

At NextGen Bioplastics, our mission to create plant-based packaging that is safe for people and the planet aligns perfectly with EPR goals. Based in Pennsylvania, where statewide EPR isn't yet mandated, we are fortunate to be innovating at a time when a wealth of EPR knowledge and best practices is available to us. This allows us to design sustainable solutions with end-of-life in mind. Our upcoming compostable, hemp-based to-go container line will offer businesses an effective way to minimize EPR liabilities, future-proof operations, and meet market demands.

Preparing for What's Ahead

Whether you're operating in an EPR state or simply preparing for what's coming, the call for responsible packaging solutions is clear. Embracing these changes allows the industry to support the circular economy, reduce waste, and build a more sustainable future.

Want to learn more about our sustainable packaging solutions? We'd love to hear from you!

• 📧 info@nextgenbioplastics.com 

• 📞 +1 (570) 203-1770

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