Extended producer responsibility (EPR) for packaging requires companies that create and sell packaging to handle its end-of-life management, rather than shifting this responsibility to local governments or taxpayers. Seven states—California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington—have enacted EPR packaging laws, with others considering similar legislation to promote a circular economy.
In these states, producers, including brand owners, importers, and retailers, must register with a Producer Responsibility Organization (PRO). Typically a nonprofit, a PRO collects fees, finances recycling and collection programs, and manages reporting. Fees are determined by the type, material, and weight of packaging sold in each state. Maine and Oregon’s initial experiences provide valuable insights into these programs, where fees vary based on packaging and its contents.
Many large companies struggle to maintain a centralized record of their packaging data, which is often fragmented across various departments like product development and supply chain. This information is frequently compiled manually just before regulatory deadlines.
The GS1 US Guidance for EPR Packaging Requirements aims to standardize how companies manage this data across the industry. Utilizing existing global commerce identifiers and formats, GS1 US oversees barcode standards, including the Universal Product Code (UPC) used worldwide in retail supply chains.
The guide highlights how companies can leverage two existing GS1 identifiers: Global Trade Item Numbers (GTINs) and Global Location Numbers (GLNs). GTINs, found in barcodes, uniquely identify products and their packaging, while GLNs trace product movements. Together, they create a traceable path through the supply chain, linking products to their specific packaging.
For EPR reporting, this allows companies to track not only the sale of products like cereal boxes in Oregon but also details such as their material composition, weight, and classification under state recyclability rules. This information is drawn from existing supply chain data, eliminating the need for new data creation.
Why This Matters Beyond the Corporate Spreadsheet
In 2024, California disposed of nearly 8.5 million tons of single-use packaging and food containers in landfills, according to CalRecycle. Nationwide, containers and packaging constitute approximately 28 percent of municipal waste, yet the recycling rate is considerably lower than the system’s capacity. Without efficient material tracking, improving recycling infrastructure to reduce landfill waste becomes challenging.
EPR programs aim to resolve this issue by establishing a dedicated funding source for recycling infrastructure, financed by the brands generating packaging waste. The EPA estimates that $36.5 to $43.4 billion would be required to expand collection and processing enough to boost the national recycling rate from approximately 32 percent to possibly 61 percent.
However, the success of EPR fee collection hinges on the accuracy of the underlying data. If producers incorrectly report their packaging data, intentionally or due to disorganization, PROs collect insufficient funds, leading to inadequate infrastructure and stagnant recycling rates. Accurate, standardized data is crucial for the system’s effectiveness.
The GS1 guidance aims to bridge the gap between EPR policy and its implementation as new laws are enacted and fee structures are established. Oregon began collecting producer fees in July 2025, with Colorado requiring producer registration with its PRO by the same deadline. Maine’s program will launch in 2026, reaching full implementation in 2027, while California mandates producer registration by January 2027, with progressively stricter recyclability standards through 2032.
The guidance targets industries with complex packaging needs, such as healthcare, foodservice, and apparel, focusing on sustainability, legal, supply chain, and data teams collaborating on these challenges.
“EPR requirements are evolving quickly and vary by state, creating new complexity for producers,” said Michelle Covey, vice president of customer success at GS1 US. “This guideline helps organizations take a practical, standards-based approach to managing packaging data so they can meet regulatory requirements more efficiently while also supporting broader sustainability and circular economy goals.”
The Eco-Modulation Incentive
EPR programs are designed to gradually change packaging design, not just its disposal methods. Eco-modulation, integrated into most state programs, including those in California, Colorado, Oregon, and Washington, provides a financial incentive to create packaging that is easier to recycle.
Companies using recyclable packaging, incorporating recycled content, or avoiding materials that contaminate recycling streams pay lower fees. Conversely, those utilizing difficult-to-recycle materials or disruptive packaging incur higher fees. Provided fees are substantial and data systems precise, companies are encouraged to invest in genuinely recyclable packaging. Most states employ eco-modulation, rewarding packaging that is recyclable, easy to collect, or contains recycled content, while penalizing packaging that disrupts recycling or contains harmful substances.
While eco-modulation seems promising, it relies on producers to supply comprehensive and accurate data about their packaging, including material types, weights, recyclability, and supply chain details. This remains a challenge for the system.
The success of this shift depends on producers accurately reporting their packaging details. GS1’s standardized identifiers provide the necessary audit trail to make eco-modulation effective.
What You Can Do
EPR laws, determined by policymakers, also influence consumer choices and advocacy. Here are ways individuals can engage:
- Research if your state has EPR packaging laws. California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington have active programs. If not, legislators might be considering new bills. Contact your representatives to express support.
- Choose packaging with clear recyclability indicators. Certifications like How2Recycle labels are more reliable than general claims. Use Earth911’s recycling search to locate local programs accepting specific packaging types.
- Select brands transparent about their packaging materials. EPR laws are driving companies toward more transparency. Those joining PRO programs and standardizing data systems demonstrate genuine compliance commitment, not just sustainability rhetoric.
- Support deposit-return and reuse programs when available. EPR and bottle bill programs complement each other. Deposit-return systems fund beverage container collection, while EPR covers all packaging types, helping to reduce landfill waste.
- Minimize packaging use when possible. While EPR programs encourage improved packaging design, reducing packaging waste is most effective by using less. Buying in bulk, choosing concentrated products, and utilizing refillable containers help remove packaging from the system.
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