Minnesota Enacts Extended Producer Responsibility (EPR) Law: Key Compliance Deadlines Begin July 1, 2025

On May 21, 2024, Minnesota passed the Packaging Waste and Cost Reduction Act (hereafter, the Act). Broadly, the Act aims to decrease waste associated with packaging products by increasing rates of recycling, reuse and compost and by encouraging the use of post-consumer recycled content. As detailed below, the first compliance deadline for non-exempt producers is July 1, 2025 – less than a month away.

Background

The Act functions primarily by requiring producers that introduce covered materials (defined broadly to include most packaging and paper products such as food packaging) into the State to join and fund a “Producer Responsibility Organization” (PRO). The PRO is tasked, among other things, with creating a state-approved stewardship plan that outlines measures to effectuate the substantive provisions of the law, including coordinating member producers, collecting member fees and funding recycling and composting services.

The stewardship plan will be informed by a preliminary assessment and needs assessment prepared by the Minnesota Pollution Control Agency (MPCA). Among other things, the assessments will: identify the types and quantities of covered materials sold / distributed in the state, evaluate current recycling and compost programs, including processing capacity and number of drop-off sites, evaluate baseline recycling, waste reduction, reuse, and composting rates, and propose strategies to reduce waste in packaging.

Eventually, all producers must comply with the approved stewardship plan to be able to continue introducing covered materials into Minnesota.

Minnesota Deadlines and Exemptions

On February 18, 2025, Minnesota approved the Circular Action Alliance as the State’s first PRO. Producers that introduce covered materials into the state must register with CAA by July 1, 2025. Once registered, Producers will have access to compliance and training resources provided through CAA. Producers can register here. Other key compliance dates for the Act include:

• December 31, 2025 – MPCA must complete preliminary assessment;
• December 31, 2026 – MPCA must complete needs assessment;
• October 1,2028 – PRO must complete stewardship plan;
• January 1,2029 – Producers must have executed agreement with PRO to comply with an approved stewardship plan in order to continue to introduce covered materials;
• January 1, 2032 – Producers cannot introduce covered materials unless services (i.e. compost & recycling) are provided for the same pursuant to an approved stewardship plan.

The Act does not apply to certain exempt material types, such as packaging for infant formula or medical devices (Minn. Stat. § 115A.1441, Subd. 16). Certain “de minimis producers” are also exempt from complying with the Act; a de minimis producer is defined as a producer “that in their most recent fiscal year:

1. introduced less than one ton of covered material into this state; or
2. earned global gross revenues of less than $2,000,000” (Minn. Stat § 115A.1441, Subd. 13).

Other State Deadlines

In addition to Minnesota, six other states have passed similar laws, known generally as Extended Producer Responsibility (EPR) laws. These states are California, Washington, Oregon, Colorado, Maine and Maryland. These other EPR laws also center around the creation of a PRO, again comprised of and funded by producers, as the main body charged with effectuating their substantive provisions. Below are several key compliance dates for these states.

California

• January 1, 2024 – Producers must join PRO (Cal. Pub. Rec. Code § 42051(a));
• Mid 2026 (expected date; no statutory deadline) – PRO must submit plan;
• January 1, 2027 – Producers cannot introduce covered material unless it is approved to participate in the PRO plan (Cal. Pub. Rec. Code § 42051(b)(1));
• January 1, 2027 – Producers shall achieve various substantive requirements for material source reductions under Public Resources Code sections 42057 and 42060(a)(6) (Cal. Pub. Rec. Code § 42050(a));
• January 1, 2028 – Producers must ensure that plastic covered material imported / sold / distributed / offered for sale meets the following recycling rate: Not less than 30%of covered material (Cal. Pub. Rec. Code § 42050(c)(1));
• January 1, 2030 – Producers must ensure that plastic covered material imported / sold / distributed / offered for sale meets the following recycling rate: Not less than 40%of covered material (Cal. Pub. Rec. Code § 42050(c)(2));
• January 1, 2032 – Producers must ensure that plastic covered material imported / sold / distributed / offered for sale meets the following recycling rate: Not less than 65%of covered material (Cal. Pub. Rec. Code § 42050(c)(3));
•  January 1, 2032 – Producers must ensure that all materials sold in the state are recyclable in the state or are eligible for being labeled “compostable.” (Cal. Pub. Rec. Code § 42050(b))

Colorado

• July 1, 2025 – Producers must join PRO. Producer cannot sell / introduce covered material unless participating in PRO (Colo. Rev. Stat. Ann. § 25-17-708(1));
• January 1, 2026 – Producers must begin paying dues to PRO (Colo. Rev. Stat. Ann. § 25-17-709(1));
• July 1,2029 – Producers cannot sell / introduce covered material unless in compliance with final PRO plan (Colo. Rev. Stat. Ann. § 25-17-708(1)).

Oregon 

• March 31, 2025 – Producer must “pre-register” with PRO if it intends to introduce covered products on or after July 1, 2025, and must submit data on covered products sold in or into the state in 2024 (Or. Admin. R. 340-090-0870);
• July 1, 2025 – Producers that either did not or were not required to pre-register, must register with PRO (Or. Admin. R. 340-090-0870).

Washington

• July 1, 2026 – Producers must register with PRO (Washington SB5284, Section 104(1));
• March 1, 2029 – Producers cannot introduce covered materials unless in good standing with PRO (Washington SB5284, Section 104(2)). 

Maine

• Approx. July 2026 - Producers that are producing packaging material at the time this rule goes into effect must register with the Stewardship Organization (SO) within 90 days after the date that a mechanism for start-up registration is made available by the SO. Per the Maine DEP website, the expected date for the start-up registration to be available is April 2026 (Code Me. R. tit. 06-096 Ch. 428, § 8);
• Approx. Oct. 2026 – Producers must pay a start-up registration fee within 180 days of the SO entering into contract with the Maine Department of Environmental Protection (DEP). Per the Maine DEP website, the expected date for SO entering into contract with the states is April 2026. (Code Me. R. tit. 06-096 Ch. 428, § 8).

Maryland

• July 1, 2028 – Producer cannot introduce covered materials unless covered by an approved PRO plan (Md. Code Ann. Env. § 9-2505(3)(B))

Conclusion

Though similar in their general farmwork and ultimate goals, the various EPR laws in the states above differ in many respects, including the scope of producer and material exemptions. It is likely, furthermore, that other states will follow suit and pass their own EPR laws. Fredrikson will continue to monitor and provide updates regarding the development of the EPR laws in those states discussed above, as well as in states that choose to pass their own EPR laws in the future. Please contact us if you require advice or assistance related to the Act.