Just Zero is a national environmental nonprofit advancing equitable and effective Zero Waste solutions by providing policy expertise and strategic support to help communities reduce waste, prevent toxic exposures, and move away from climate-damaging disposal systems. We work with policymakers and communities to design and implement Extended Producer Responsibility (EPR) for packaging policies that address the root causes of plastic pollution and packaging waste. With roughly one-third of U.S. household waste made up of single-use packaging we approach EPR as more than a financing mechanism. Well-designed EPR programs are a critical tool for reducing plastic pollution, eliminating preventable and harmful packaging, and driving investment in effective recycling and reuse systems..
Recommendations for Legislators Developing EPR for Packaging Policies
- Prioritize Waste Reduction, Reuse, and Recycling, Through Performance Standards. EPR for packaging programs should not be designed as recycling-only policies. While improving and expanding recycling infrastructure is an important component of EPR, recycling alone cannot address the plastic pollution crisis or the health and environmental harms caused by excessive, toxic, and unrecyclable packaging. Effective EPR programs must prioritize upstream solutions that prevent waste from being created in the first place. Policymakers should include clear, enforceable performance standards that require packaging reduction over time and steadily increase the share of packaging managed through recycling and reuse. These standards must be set by the state (either in statute or through agency rulemaking), not by the regulated producers.
- Include Provisions That Address Toxic Chemicals. EPR for packaging should address the presence of toxic chemicals in consumer packaging. Much of the packaging used for food, cosmetics, and other goods, contain toxic chemicals that harm human health, contaminate recycled materials, and undermine recycling systems. Policymakers should require companies to eliminate known toxic chemicals from packaging or use fees to incentivize safer packaging design, ensuring EPR programs protect public health while strengthening packaging management.
- Protect Recycling by Excluding False Solutions. EPR for packaging laws should protect the integrity of recycling by excluding so-called “advanced” or “chemical,” recycling technologies that convert plastic into fuels or toxic byproducts, rather than new plastic products. These processes do not constitute recycling and raise serious environmental and public health concerns. Policymakers should safeguard EPR programs by clearly defining recycling to exclude these technologies. Additionally, EPR programs should require collected materials be sent to responsible end-markets in order to be considered recycled.
When developing legislation, these resources may be useful: