EPR is a policy approach that assigns producers responsibility for the end-of-life of products. This can include both financial responsibility and operational responsibility, though the amount and type may differ. Producers are required to provide funding and/or services that assist in managing covered products after the use phase. Currently, seven states have EPR programs for packaging, with 15 more states pending or proposed in the United States.
Western Growers staff summarized the different state requirements in a recent article. Read the full article here.
There are a lot of dates and developments to keep track of, see a calendar of projected milestones for the full list. Some key highlights include:
| State | Date | Deadline |
|---|---|---|
| California | Nov. 15, 2025 | CAA’s deadline for data reporting |
| California | January 2026 | CAA to open reimbursement application portal |
| California | June 15, 2026 | CAA’s program plan due |
| Colorado | December 2025 | 2026 EPR due invoices to be issued |
| Colorado | Jan. 1, 2026 | Producers to pay dues to a PRO; Ecomodulation rules take effect |
| Oregon | December 2025 | 2026 EPR fee invoices to be issued |
| Washington | July 1, 2026 | Producers must be members of a PRO |
Producers are required to provide funding and/or services that assist in managing covered products after the use phase. Under these proposals, the definition of “producer” varies by state or region but generally refers to the entity responsible for introducing packaged products into the marketplace. This can include brands, licenses, importers, distributors, growers, packers or shippers. The challenge of EPR regulations to the fresh produce industry lies in the high fees for packaged imported items in addition to the clash of regulatory requirements, where packaging will differ according to the regulations of the destination state.
The regulatory landscape for packaging in fresh produce is evolving rapidly and therefore these bills, initiatives and regulations continue to be revised. While these policies aim to reduce plastic pollution and improve recycling outcomes, the complexity and variation between state requirements present significant challenges for growers, packers and shippers. Without harmonized standards, the risk of rising costs, inefficiencies and increased food waste is significant.
Through the Sustainable Produce Packaging Alignment (SPPA) and other targeted initiatives, the fresh produce industry is proactively addressing these challenges by advocating for scientifically sound, functional solutions that protect product quality and safety while advancing environmental goals. The fresh produce industry stands ready to lead in developing packaging innovations that align with both functionality and sustainability, helping to deliver a more resilient food system from farm to fork.