Destination… USA

EPR developments in US states:

Washington: latest US state to enact EPR for packaging
Colorado: taking care of waste batteries
Nebraska: battery producers to join EPR Stewardship Organisation by 2028

Washington: latest US state to enact EPR for packaging

On 17 May 2024, Washington became the seventh US state to enact an extended producer responsibility (EPR) law for packaging and paper products (PPP).

The legislation sets a timeline for implementation, requiring all producers of PPP to take responsibility for the end-of-life management of their products through a system coordinated by producer responsibility organisations (PROs).

Deadlines

The new law sets the following deadlines:

• By 1 January 2026, each producer must appoint a PRO
• By 1 March 2026, these PROs and the producers must register with the Washington Department of Ecology

During the first implementation phase, only one PRO will be allowed to register (excluding individual producers who choose to act as their own PROs).

• By 1 July 2026, every producer must either be a member of a registered PRO or act as their own PRO with an individual plan, and
• Starting 1 March 2029, no producer will be allowed to introduce covered PPP into the state without proper registration

Definitions

The law defines who qualifies as a producer, typically the manufacturer, brand licensee, brand owner, importer or distributor. Exemptions apply to government entities, nonprofits and de minimis producers.

The definition of “packaging” under this law is broad.

However, the law also outlines numerous exemptions of packaging materials, such as those used for construction, medical products, certain plastic films or packaging that already meets established recycling benchmarks.

PROs may petition the Department of Ecology to exclude other categories on a temporary basis.

Duties

PROs’ duties include:

• Registering with the Department of Ecology
• Paying one-time and annual fees
• Establishing and managing producer fee schedules
• Submitting and implementing programme plans, and
• Reporting programme performance

Payment and funding

A one-time payment is due by 1 September 2026, and annual fees will begin in May 2027, covering the programme’s administrative and implementation costs.

PROs must ensure that the producer fees collected are sufficient to cover their costs and reflect factors like material type, environmental impact, reuse potential and recycling rates.

In addition, PROs are required to fund and implement a reuse financial assistance program, aimed at reducing the environmental impact of packaging through reuse initiatives.

Programme plan

Each PRO must submit a detailed programme plan by 1 October 2028, and every five years thereafter. This plan must include:

• specific performance (e.g., recycling, reuse, composting, return rates and plastic source reduction) targets
• methods of collection
• infrastructure investments
• service provider coordination, and
• a financial strategy

The Department of Ecology must approve the plan, but implementation of the first plan is delayed until after the close of the 2029 legislative session, allowing lawmakers time to consider potential changes such as a statewide bottle deposit programme.

By 1 July 2031, and each 1 July thereafter, PROs must submit annual reports detailing their operation and performance outcomes.

Track developments in Washington with Landbell Group’s Global EPR Information Services.

Colorado: taking care of waste batteries

On 4 June 2025, Colorado’s governor signed SB25-163, establishing a mandatory battery stewardship programme in the state to ensure the proper collection, recycling and disposal of certain types of batteries.

Battery stewardship plan

Under the bill, a battery stewardship organisation – defined as either a producer that directly implements a battery stewardship plan or a nonprofit organisation designated by a producer or group of producers – shall submit a battery stewardship plan to the Colorado Department of Public Health and Environment by 1 July 2027, and every five years thereafter.

The plan must outline how batteries will be collected, transported, processed and recycled.

It must also include producer contact information, performance goals, public education strategies and ensure free access to collection sites for consumers.

Organisations, annual reports and fees

Starting 1 August 2027, to sell or distribute covered batteries or battery-containing products in the state, producers must participate in and fund an organisation with a submitted plan.

As of 1 July 2029, retailers are only allowed to sell these products if the producer is part of an organisation with an approved plan.

Retailers, producers, and organisations are also prohibited from charging point-of-sale fees to fund the programme.

Organisations are required to collect and manage fees from participating producers to finance programme operations.

They must also submit an annual report by 1 June 2029, and every year thereafter, detailing implementation progress.

Fees include a $50,000 plan submission fee, an $86,000 approval fee, and an annual administrative fee to cover oversight costs (amounts will be determined by the Solid and Hazardous Waste Commission).

Labels, collection and recycling

Beginning 1 January 2028, covered batteries must carry labels identifying the producer and providing information to ensure proper recycling.

As of 1 January 2030, covered batteries must be managed through approved collection programmes, and disposal in landfills will be prohibited.

Track developments in Colorado with Landbell Group’s Global EPR Information Services.

Nebraska: battery producers to join EPR Stewardship Organisation by 2028

On 20 May 2025, Nebraska’s Governor signed the Safe Battery Collection and Recycling Act into law, marking the state’s first extended producer responsibility (EPR) law.

Starting in 2028, producers of covered portable and medium format batteries are required to join a Battery Stewardship Organisation (BSO), whose programme—approved and monitored by the Nebraska Department of Environment and Energy—must include clear performance goals for consumer awareness, collection and recycling efficiency.

The plan must also ensure the availability of accessible drop-off locations statewide, including in rural and underserved communities.

Track developments in Nebraska with Landbell Group’s Global EPR Information Services.