MARCH 24, 2025

USA Packaging Legislation: What Are Your Sustainability Responsibilities?

As we are approaching the end of Q1 of 2025, ThermoSafe is noticing an increase in questions from our customers regarding packaging legislation, extended producer responsibility, and material bans. This is a quickly evolving landscape, but we have tried to round up all the packaging legislation below. This is focused on the USA landscape, and we will follow this series with an EU focused summary.

After reading this comprehensive article, you will be able to answer:

• Is my food packaging required to follow the new EPR regulations? See state by state below.
• Does the packaging we use for drugs and medical devices required to comply with EPR regulations, and which states?
• What do I need to know about recycling laws laid out in Colorado and Oregon?
• How can we comply with California’s SB343 law to use chasing arrows on packaging, meeting requirement of 60% access of the state population for a material format/category

How can you recycle more of your EPS to start complying with requirements? ThermoSafe is helping customers – connect with us. Start by going to Recycle & Reuse on our website, including finding a Drop off Location on the EPS Alliance map. https://www.thermosafe.com/sustainability/recycle-and-reuse/

Now let’s dig in:

Extended Producer Responsibility

Extended Producer Responsibility (EPR) is a policy approach that shifts the responsibility for the end of life of products to the producers. In these policies, producers are typically required to provide funding and/or services to assist in managing covered packaging materials/products at end of life with the goal of increasing recycling access, infrastructure, and systems to improve collection and recycling rates.

General principles:

• Covered products:
  • Packaging and packaging components, food service ware, and printing/writing paper products
• Common exemptions of covered materials:
  • Packaging for medical drugs, devices, biologics, nutritional supplements, infant formula
  • Packaging for animal vaccines and biologics
  • Packaging for long-term storage of durable products (5+ years)
  • Packaging for hazardous products (insecticide, fungicide, rodenticide, architectural paint)
  • Containers subject to returnable container deposits
• Common producer definition:
  • If the item is sold in packaging under the manufacturer’s own brand, then the brand is the producer
  • If it is sold in packaging that lacks brand identification the producer of the packaging is the person that manufactures the packaged item (product)
  • Guidance from Circular Action Alliance for Colorado and Oregon to determine responsible producer
• Common producer exemptions:
  • Small businesses
  • Nonprofit organizations
  • State or local governments
  • Producers who sold in or into the state less than 1 metric ton of covered products in the most recent calendar year
• Producer Responsibility Organization (PRO)
  • Each state selects a PRO to facilitate the EPR program, manage the covered materials data, and collect the fees incurred from the covered materials
  • Circular Action Alliance (CAA) is the PRO for all established EPR programs in the US
• USA Landscape
  • 5 states have passed EPR laws (California, Colorado, Maine, Oregon, and Minnesota)
  • Timelines and fee structures vary depending on the state establishing the EPR
  • Quickly evolving landscape with many states actively introducing bills
• Producer Responsibilities
  • If a business determines they are a producer of covered materials, they need to register with CAA by the specified deadlines for each active EPR program.
    • Upcoming deadlines are March 31, 2025, for Oregon and July 1, 2025 for Minnesota. Colorado’s registration deadline was October 1, 2024.
    • Producers can register for all applicable states at the same time and there is no fee to register. Learn more on CAA’s website.
  • Producers will pay fees based on the covered products/materials they put on the market
• Fee Structure
  • Typically, fees are based on the weight of the packaging/covered materials
  • Certain material categories/formats that are difficult to recycle could have a higher fee per pound
  • Eco-modulated fees/bonuses available based on conducting life cycle assessments, reducing environmental impact, increasing recycled content, and improving reusability of the packaging
• Fees are intended to improve recycling infrastructure, access and the overall system

Extended Producer Responsibility (EPR) Anticipated Timeline

Below is the anticipated timeline for the EPR programs across the USA. As each state finalizes the programs and works with Circular Action Alliance (CAA) or the associated Producer Responsibility Organization (PRO), these dates may shift or become clearer. Key dates are highlighted below.

Oregon

Oregon is the first EPR program to come into effect. The program plan was just approved by Oregon’s Department of Environmental Quality (DEQ) on February 21, 2025. By March 31, 2025 producers must register with Circular Action Alliance and report the amount of covered materials they produced in 2024. Producers will start paying fees on July 1, 2025, based on the 2024 data.

Oregon’s EPR program is established with SB582: Plastic Pollution and Recycling Modernization Act. This legislation also establishes state-wide recycling targets for plastic packaging and food service ware.

Key exemptions from Oregon’s EPR covered materials are packaging and paper products sold or supplied in connection with prescription drugs, non-prescription drugs, drugs marketed under a brand name, drugs marketed under a generic name, and drugs that are used for animal medicines. Other exemptions include specialty packaging items only used in industrial or manufacturing processes, beverage containers covered under existing bottle legislation, rigid pallets, pallet wrap, etc.

Summary: Producers who sell products into Oregon with packaging that doesn’t fall within the exemptions will need to register as a producer with CAA by March 31, 2025, report 2024 covered materials, and start paying fees on July 1, 2025, based on 2024 volumes.

Colorado

Colorado has the EPR program that will likely come into effect next. October 1, 2024, was the preliminary CAA registration deadline for producers. On February 1, 2025, CAA submitted a draft program plan proposal to Colorado. By July 1, 2025, obligated producers must register with CAA or face bans on selling products in the state. July 31, 2025, is the preliminary deadline for reporting 2024 covered materials data. Producers will pay fees to CAA on or before January 1, 2026.

Colorado’s EPR program is established with House Bill 22-1355: Producer Responsibility Program for Statewide Recycling Act. This legislation also establishes the need to set minimum rate targets for collection, recycling, and post-consumer recycled (PCR) content.

Key exemptions from Colorado’s EPR covered materials are packaging materials used to contain a product that is regulated as a drug, medical device, dietary supplement, infant formula, or medical food, packaging material used to contain a product that is regulated as animal biologics, and packaging materials used solely for business-to-business transactions where a covered material is not intended to be distributed to the end consumer. Other exemptions include containers subject to returnable container deposits, packaging material intended for long term storage of a durable product for at least 5 years, etc.

Summary: Producers who sell products into Colorado with packaging that doesn’t fall within the exemptions should already be registered as a producer with CAA, as the deadline was October 1, 2024. By July 1, 2025, covered materials data should be submitted to CAA for 2024 production and obligated producers not registered with CAA will be prohibited from selling products into the state. The anticipated start of fees is on or before January 1, 2026.

California

As of March 10, 2025, California’s EPR program is delayed with a request from Governor Gavin Newsom to go back to the drawing board regarding the regulations. California’s Department of Resources Recycling and Recovery, CalRecycle, has been directed to restart the regulations to “ensure California’s bold recycling law can achieve its goal of cutting plastic pollution and is implemented fairly”.

California’s EPR program is established with SB-54 Solid Waste: Reporting, Packaging, and Plastic Food Service Ware. This legislation also establishes minimum recycling rates for plastic covered materials with the closest cut-off being January 1, 2028, requiring a greater than 30% recycling rate in the state. Covered material categories/formats that don’t meet this threshold by the cut-off dates, will be banned in the state.

Key exemptions from California’s EPR covered materials are packaging used for medical products and products defined as devices or prescription drugs, animal medicines and drugs, infant formula, and required fortified oral nutritional supplements. Other exemptions include beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act, packaging used to contain insecticide, fungicide, or rodenticide and hazardous or flammable products.

Summary: Producers who sell products into California with packaging that doesn’t fall within the exemptions should register with CAA as soon as possible and prepare to submit preliminary 2024 covered materials data by August 2025. The anticipated start of fees is on or before January 1, 2027.

Maine

Maine’s EPR program, despite being the first EPR law passed in the USA, is likely a few years out from being established. It is anticipated that in September 2025 Maine’s Department of Environmental Protection (DEP) will release the request for proposal (RFP). By April 2026, the Stewardship Organization will be contracted (likely to be Circular Action Alliance), and by May 2026, producers will need to register and report data for covered materials in 2025. The anticipated start of fees is September 2026.

Maine’s EPR Program is established by LD 1541: Stewardship Program for Packaging. The program also establishes minimum recycled content targets, recycling rates, and collection rates, some specific to materials.

Key exemptions from Maine’s EPR covered materials are packaging intended to be used for the long-term storage or protection of a durable product for a period of at least 5 years, beverage containers subject to existing bottle deposit legislation, and containers for architectural paint already covered under stewardship programs. It remains to be seen if other exemptions to covered materials will be added like packaging for federally regulated drugs, medical devices, and other products similar to other state EPR laws.

Summary: Producers who sell products into Maine with packaging that doesn’t fall within the exemptions will need to register with the Stewardship Organization selected for the state’s EPR program. Currently, the anticipated start of the program and fees is September 2026.

Minnesota

Minnesota’s EPR program is likely the last to come into effect, but is making progress. On February 18, 2025, CAA’s registration to implement the state’s EPR program was confirmed by the Minnesota Pollution Control Agency (MPCA). By July 1, 2025, producers must be a member of a PRO (likely CAA) that is registered with MPCA. An initial needs assessment is due by December 31, 2026, and stewardship plan is due by October 1, 2028. Anticipated start of the fees for producers to cover at least 50% of program costs is February 1, 2029.

Minnesota’s EPR program is established by HF3911: Packaging Waste and Cost Reduction Act. The EPR program also establishes requirements for recycling rate, composting rate, return rate, reuse rate, waste reduction, and post-consumer recycled content that covered materials must contain.

Key exemptions from Minnesota’s EPR covered materials are packaging for a product regulated as a drug or medical device, including associated components and consumable medical equipment, packaging for medical equipment or product used in medical settings, packaging for drugs, biologics administered to animals, packaging for infant formula, medical food or required nutritional supplements. Other exemptions include packaging for products regulated as insecticide, fungicide, and rodenticide, packaging used to contain hazardous or flammable products, packaging that is being collected and properly managed through a paint stewardship plan, etc.

Summary: Producers who sell products into Minnesota with packaging that doesn’t fall within the exemptions will need to register with CAA by July 1, 2025. The anticipated start of the fees is February 1, 2029.

Outlook

It seems EPR is increasingly being introduced across the USA on a state-by-state basis. ThermoSafe is staying close to the quickly evolving landscape and prepared to support our customers to navigate this space. Businesses should review the producer definition under each state’s packaging EPR law and determine if they are a covered producer. Businesses should also review the list of covered materials and exemptions under each state’s EPR laws to determine what they will need to report and ultimately be responsible for through the EPR fees and program.

2025 has already seen 10 states introducing legislation related to EPR. Most recently, Tennessee’s proposed EPR bill has been deferred to 2026. Illinois and Maryland have passed legislation to conduct needs-based assessments to inform future EPR laws and programs.

Informed by Sustainability Packaging Coalition’s: Guide to EPR Proposals

Pharmaceutical

Based on ThermoSafe’s interpretation[1] of the language for the exclusions of Oregon’s and Colorado’s covered materials, temperature-controlled packaging used to maintain temperature of a medical drug, biologic, or device would be excluded from these states’ EPR programs.

Transport/Protective

Based on ThermoSafe’s interpretation¹ of the language for the exclusions of Oregon’s and Colorado’s covered materials, transport packaging used to deliver product to the end consumer would be considered a covered material. The obligated producer for this packaging material would likely be the brand selling the packaged product into the state.

Material Bans and Labeling Requirements

While EPR consumes much of the conversation regarding USA packaging legislation, there are also some other noteworthy regulations that ThermoSafe is monitoring. This legislation is also typically introduced state-by-state pertaining to material bans and labeling requirements.

Truth in Recyclability Labeling

Legislation defining criteria or thresholds that need to be met for brands to label their packaging as recyclable is being introduced in California, Illinois, Maryland and New Jersey. California’s SB343 is the most prescriptive law and is described in more detail below.

California SB343: Prohibited Use of Chasing Arrows on Packaging Not Recycled At-Scale

There are targets mentioned in California’s SB343 of 60% access of the state population for a material format/category in order to use the chasing arrows symbol on a packaging. This legislation is still evolving and finalized figures are being published. CalRecycle will publish the final findings report no later than April 4, 2025, giving companies 18 months to comply to the bill and remove chasing arrows from any package that doesn’t meet the 60% access threshold. The chasing arrow resin codes for various plastics not meeting this access threshold, will need to change to a closed equilateral triangle as detailed in ASTM D7611.

Material Bans

PFAS Bans

Legislation banning food packaging or other products with intentionally added PFAS is quickly being adopted and enacted on a state-by-state basis.

Expanded Polystyrene (EPS) Bans

Some EPS bans have been introduced in NY and WA and a few other states.  Typically, these bans focus on foodservice ware used for prepared food (not meal kits), loose fill polystyrene, and EPS cold storage containers not in the healthcare space.

New York State and Washington State have introduced bans on EPS cold storage containers with clear exclusions for EPS cold storage containers intended to be used for drugs, medical devices, or biological products and EPS packaging for raw, uncooked, or butchered meat, fish, poultry, or seafood, vegetables, fruit, or egg cartons. These bans also exclude block expanded polystyrene packaging material.

The Farewell to Foam Act, a bill that would ban EPS food service ware, EPS loose fill, and EPS coolers was introduced in December 2023 and hasn’t been brought to the committee in 2024. It could be reintroduced in 2025, but it is unlikely to pass. This proposed bill clearly excludes EPS coolers intended to be used for drugs, medical devices, or medical products.

Sustainability Reporting and Claims

Sustainability Reporting

Last year, we published a blog about the U.S. Securities and Exchange Commission’s (SEC) ruling to increase and standardize climate-related disclosures by public companies operating in the US. Even from the beginning, this ruling faced legal challenges and as of February 2025, the SEC has taken steps to roll back the climate disclosure reporting requirements. While this ruling has been halted, large U.S. companies may still need to report their emissions, especially if they are also operating in Europe, under the Corporate Sustainability Reporting Directive (CSRD). However, a recent update to the CSRD, published on February 26, 2025, called the Omnibus, is also lessening the scope and disclosure required, especially for small businesses. More to come in our Europe focused summary.

Sustainability Claims

The Federal Trade Commission’s Green Guides has long been the de-facto standard of reference to help companies avoid making environmental claims that could deceive the consumer. It provides general principles that apply to all environmental marketing claims, how consumers are likely to interpret claims, and how the claims can be substantiated or qualified.

The Green Guides were last updated in 2012, and the FTC started the process of updating the guidelines in February 2023. As of March 2025, the latest Green Guides have not been released.

Summary

Packaging legislation across the world, including in the USA, is quickly evolving. ThermoSafe is staying close to this space, supporting our customers, and providing a vast portfolio of temperature-controlled packaging to meet the needs, priorities and changing landscape.

ThermoSafe is helping customers recycle increasingly more EPS. Learn more about Recycle & Reuse on our website, including finding a Drop off Location on the EPS Alliance map. https://www.thermosafe.com/sustainability/recycle-and-reuse/

[1] Please note that ThermoSafe’s interpretation is not meant to constitute legal advice, and ThermoSafe assumes no responsibility for the decisions made by producers in determining their obligations. We suggest that companies work with their legal teams to review the relevant statutes, rules and regulations to determine their responsibilities.