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Draft USA Packaging EPR Bill published

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by Lisa Dean, May 4th, 2020

Lisa is the Head of Global Compliance in Thinkstep's global EPR compliance division and has over 7 years experience as a Compliance Consultant.


A draft packaging EPR bill was proposed on 11 February this year in the USA through the Break Free From Plastic Pollution Act.  

There are currently no packaging EPR regulations in force in the USA. However, we reported in February that the draft packaging EPR bill in Maine was progressing towards approval and several states including California, Connecticut, Massachusetts, Rhode Island and Washington have also proposed EPR Packaging legislation.

What will this mean for packaging producers?

  • The proposed bill would require producers of covered products (packaging, containers, food service products and paper) to finance and manage collection programs and processing of product waste.
  • Producers would be encouraged to cooperate with those who produce similar products through Producer Responsibility Organizations (PRO) to take responsibility for their waste and implement clean-up programs with Environmental Protection Agency (EPA) approval. PROs will be non-profit entities that are financed by fees on the participating producers.
  • Producers would also be required to promote awareness-raising measures to reduce waste.

Minimum Recycled Content Requirement

The proposed bill requires plastic beverage containers to include a certain percentage of recycled content in their products before entering the market. The EPA will also phase in new requirements for producers to manufacture containers from recycled content. The recycled content requirements will increase over time.

Other notable points

  • From January 2022, some of the most common single-use plastic products will be source reduced and phased out from sale and distribution.
  • The legislation would impose a fee on the distribution of carryout bags
  • The proposed legislation would create Nationwide Beverage Container Refunds

Want to be informed of how this draft bill progresses?

EC4P offer a global update service which notifies you when draft bills and laws come into force and identifies actions specifically required of your company. Contact us to find out more.    

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