New Minnesota Law Establishes EPR Scheme for Packaging

On May 21, 2024, Minnesota’s Governor signed into law a budget bill that includes the Packaging Waste and Cost Reduction Act. This law implements an Extended Producer Responsibility (EPR) scheme for packaging and paper products, subject to limited exemptions. Minnesota is now the fifth state in the U.S. to implement an EPR scheme that includes packaging materials and/or paper products.  

The Packaging Waste and Cost Reduction Act requires the Minnesota Pollution Control Agency (MPCA) to establish a Producer Responsibility Advisory Board and appoint a Producer Responsibility Organization (PRO) by January 1, 2025. The Act also requires the MPCA to conduct a needs assessment to evaluate waste reduction, reuse, recycling, and composting of covered materials, which the PRO will use to determine performance targets for producers. A preliminary assessment of statewide needs must be completed by December 31, 2025, and a new needs assessment will be performed every five years after that. 

The obligations under the EPR scheme apply to producers of packaging or paper products. 

• “Producer” is generally defined as the party that sells packaged items or paper products under its brand name, with various other possibilities for other scenarios.  
• “Packaging” is defined broadly and includes food packaging.  
• “Paper product” is defined as a product made primarily from wood pulp or other cellulosic fibers, excluding books and other products that recycling or composting facilities will not accept.

As of January 1, 2029, covered materials may not be introduced into Minnesota unless the producer has a written agreement with a PRO to operate under a stewardship plan. As of January 1, 2032, covered materials may not be introduced in-state unless there is an appropriate means of managing their waste reduction, reuse, recycling, or composting, and the materials can be reused, refilled, or are recyclable or compostable, as determined by the state. Extension of these deadlines may be sought by the PROs.

(See the PackagingLaw.com articles EPR Programs Expand in Canada and the U.S. and CA Will Would Amend Plastic Pollution Prevention and Packaging Producer Responsibility Act for more information on other EPR programs.) 

(Listen to the Food & Chemicals Unpacked episode on EPR programs implemented in ME, OR, CA, and CO.)