Minnesota Becomes Fifth U.S. State to Enact EPR Packaging Regulations
Extended producer responsibility laws make brand owners responsible for the entire life cycle of their products, with an emphasis on end-of-life (e.g., recycling, refill/reuse, composting, disposal).
In May, Minnesota became the fifth U.S. state to pass extended producer responsibility (EPR) legislation for packaging, joining California, Colorado, Oregon, and Maine. EPR packaging laws shift the burden of managing packaging waste from local municipalities to the producers of packaged goods and incentivize brand owners to move to more sustainable (e.g., refillable, reusable, lightweight, recycled content) and recyclable packaging.
Under its shared responsibility model, Minnesota's Packaging Waste and Cost Reduction Act requires producers (i.e., brand owners) to pay half the costs of package collection and recycling by 2029, 75% by 2030, and 90% by 2031.
Unlike earlier versions of the bill, the new EPR packaging law does not specify performance targets for packaging. A future needs assessment (initial assessment due Dec. 31, 2026) will evaluate and establish baselines for waste reduction, collection rates, recycling rates, composting rates, reuse rates, return rates, and post-consumer recycled (PCR) content usage. Due Oct. 1, 2028, the stewardship plan will set performance targets around these packaging baselines.
Packaging materials exempt from the EPR law include infant formula, medical foods and equipment, drug and medical devices, fortified oral nutrient supplements required for medical purposes, and other products.
EPR Packaging Law Timeline
- Jan. 1, 2025: Appointment of a producer responsibility organization (PRO) and advisory board.
- July 1, 2026: Producers must join PRO after July 1, 2025.
- Dec. 31, 2026: Initial needs assessment due. New needs assessment every five years afterwards.
- July 1, 2028: List of covered packaging materials determined to be recyclable or compostable statewide through systems​ where covered materials commingle in a recyclables stream and a separate compostables stream.
- Oct. 1, 2028: PRO stewardship plan with performance targets due. New stewardship plans every five years afterwards.
- Jan. 1, 2029: PRO must set annual registration fees.
- Feb. 1, 2029: Producers reimburse 50% of net recycling costs.
- Feb. 1, 2030: Producers reimburse 75% of net recycling costs.
- Feb. 1, 2031: Producers reimburse 90% of net recycling costs
Response from Industry Groups
Minnesota's new EPR packaging law drew mixed reviews from packaging-related industry groups and trade associations.
AMERIPEN, the American Institute for Packaging and the Environment, supports the legislation. "Minnesota's packaging producer responsibility legislation is a fair compromise that establishes a model of shared responsibility and is aligned with AMERIPEN's key principles," said Dan Felton, Executive Director of AMERIPEN. "This legislation supports a system that is reliable, efficient, and effective, and enables a strong producer responsibility organization (PRO) to ensure that producer fees will directly fund initiatives to increase recycling and composting even further in the state."
The American Forest & Paper Association (AF&PA) opposes the new law. "We are disappointed in the Minnesota State Legislature's decision to include EPR language in HF 3911," stated Heidi Brock, President & CEO of AF&PA. "Paper is one of the most widely recycled materials in the U.S., driven by market-based solutions and billions of dollars in investments advancing the best use of recycled paper in our products.
"Our industry provides a recycling model to emulate rather than burden with untested systems that limit future investment. HF 3911 is not the appropriate vehicle for legislation that ultimately punishes responsible producers. We urge Governor Walz to veto this legislation and allow an opportunity for an EPR system to be considered as a standalone bill."
We Help Unpack Your Sustainability Potential
At Berlin Packaging, we partner with our customers to unpack their full sustainability potential by transitioning to more responsible packaging. Because we work with hundreds of global and domestic packaging manufacturers and are not bound to a specific packaging material, process, technology, tool, or country of origin, we have virtually unlimited flexibility to create packaging solutions that optimize sustainability, brand impact, performance, cost, and material availability.
We help brands navigate environmental regulations, such as incorporating PCR content into their packaging and meeting EPR requirements.
We are committed to leading the future of sustainable packaging through our C.O.R.E. (Circularity, Optimization, Reuse & Refill, Environmental Services) model approach. As part of our support to customers in achieving their sustainable packaging goals, we provide an expansive suite of leading sustainability services ranging from market insights, life-cycle assessments, and recyclable stock solutions to custom packaging design, circularity road mapping, refillable and reusable packaging models, PCR sourcing and integration, and sustainability communications strategies.
Furthermore, we partner with like-minded organizations to address broad packaging issues and drive systemic change throughout the supply chain toward sustainable packaging practices.
The information contained in this article is intended for general information purposes only and is based on information available as of the initial date of publication. No representation is made that the information or references are complete or remain current. This article is not a substitute for review of current applicable government regulations, industry standards, or other standards specific to your business and/or activities and should not be construed as legal advice or opinion. Readers with specific questions should refer to the applicable standards or consult with an attorney. It is the customer’s responsibility to determine whether its filled product is subject to any applicable government regulations and to ensure compliance with such regulations.