Western Growers Association

Western Growers is a non-profit agricultural trade association that represents farmers growing fresh produce in the West. Our members and their workers provide over 60% of the nation's fresh fruits, vegetables and tree nuts, including nearly half of America's fresh organic produce.

Recommendations for Policymakers Developing Circular Policy & EPR for Packaging Policies:

1. Fresh Produce Packaging Functionality must be considered in EPR policy. 

Fresh produce packaging plays a critical role in protecting human health and sustainability objectives by preventing pathogenic contamination, physical damage, and human health risks while minimizing food waste along the agricultural supply chain. Packaging policies must support agricultural supply chains to maintain and enhance their resilience to food waste and food safety hazards as this addresses the largest source of agricultural emissions. When produce spoils or is damaged or recalled, the resources (water, land, energy, labor, etc.) invested in growing and transporting fresh produce are lost and human health is put at risk. The functionality (considerations such as shelf life, cold chain compatibility, protection and preservation, and preventing cross contamination) has been achieved through decades of innovation to identify and optimize the most effective materials and design for fresh produce packaging.

2. Special Consideration for Fresh Produce Packaging. 

A well-designed EPR policy can maintain food safety and reduce food waste while still encouraging packaging reduction, recyclability, and producer accountability. A targeted, criteria-based exemption for fresh produce packaging balances environmental goals with the realities of perishable food supply chains and keeps food costs low. We suggest the inclusion of the following policy elements: 1) Statutory definition for “fresh produce packaging”, (e.g., all packaging used to contain and protect fruits, vegetables, and tree nuts through distribution and sale). 2) Explicit exemption for fresh produce that harmonizes with Federal and State food-safety rules, regulations and guidelines. 3) Clarity and specificity within the exemption that demonstrates the necessity to prevent spoilage, damage, or foodborne illness. 4) Base exemption on measurable environmental and food safety criteria (e.g. demonstration that the packaging extends shelf life, meets food-safety and/or contamination-prevention standards, prevents food waste in the supply chain) and cannot be reasonably replaced by an alternative without compromising safety and/or quality, or compliance costs are prohibitive. 5) Set periodic reviews with stakeholders (every 5 years) to update the list of qualifying packaging types based on manufacturing or recycling technology advancements.

3. Establish Strong State Oversight of the Producer Responsibility Organization contracted to run the program. 

To ensure EPR programs are fair, transparent, and protective, state approval of all fee schedules is required via open public processes. The PRO should not independently set or adjust fees; all fees must be government-audited and evaluated for fairness, economic impact, and alignment with statutory goals, with safeguards in place to protect producers from fee volatility. Mandate a formal public process for fee setting. PRO governance must include stakeholder representation (e.g., agricultural producers, small businesses, recyclers, and local governments) to ensure balanced decision-making. Specifically, fresh produce stakeholders must have a voice, and fees for this sector must not be cost-prohibitive, especially for small farmers and distributors. Legislators should establish reduced fee tiers or caps for fresh produce packaging (if not exempt) during early compliance to prevent any fee structure from increasing food prices or undermining the availability and affordability of fresh produce.

For more information, please see: Sustainable Produce Packaging Alignment. (2025). Roadmap to Sustainable Fresh Produce Packaging.