Extended Producer Responsibility (EPR) Advisory

Extended Producer Responsibility (EPR) regulations are rapidly evolving on both sides of the Atlantic. In the European Union, EPR has matured into a standardized framework, with the upcoming Packaging and Packaging Waste Regulation (PPWR) set to unify enforcement across all member states. Countries like France, Spain, and Portugal are expanding EPR requirements to include packaging labeling, commercial waste, and transparency on environmental impacts. Meanwhile, in the United States, EPR remains a patchwork of state-level initiatives where various Producer Responsibility Organizations (PROs) are central to EPR implementation. Maryland and Washington recently joined a growing list of states enacting EPR laws for packaging, while others like Maine and Colorado are refining existing programs. Although federal legislation remains stalled, over 30 states have implemented or are developing EPR laws covering products from packaging to electronics and textiles. This divergence creates both compliance challenges and strategic opportunities for companies operating in both regions. 

Under EPR regulations, eco-modulation is a term that describes fee reductions based on environmentally preferable packaging choices. If a company uses more recycled content, designs for recyclability, or minimizes the amount of packaging used, the company may qualify for lower fees. Some states are also starting to recognize compostable packaging in their fee structures. 

The Packaging and Packaging Waste Regulation (PPWR) is a broad European Union (EU) law that harmonizes requirements for packaging sustainability, recyclability, and labeling. Effective August 12, 2026, it requires packaging sold in the European market to:

1. Be recyclable by 2030
2. Include post-consumer recycled plastic content, and  
3. Reduce excess empty space to help minimize waste.

PPWR changes the way EPR applies to packaging. The main areas of overlap include: 

• Eco-modulated fees: PPWR links national EPR fees directly to packaging recyclability grades, rewarding highly recyclable materials with lower fees and assigning higher fees to harder-to-recycle packaging.
• Producer registration: Companies must register with national Producer Responsibility Organizations (PROs) to report packaging volumes and support cost recovery for end-of-life management.
• Design-based market access: EPR assigns responsibility for waste management costs, while PPWR sets market-entry requirements. Packaging must meet design-for-recyclability criteria, such as A-D grading, before it can be sold in the EU.
• Harmonized labeling: PPWR creates standardized EU-wide labels for packaging and recycling bins to help consumers sort waste correctly. 

Many companies think that EPR only extends to original packaging containing products that are shipped to consumers or available on store shelves; however, single use cups, plates, bowls, clamshells, cutlery, napkins, and similar items used in restaurants, cafeterias, convenience stores, and food delivery services are also impacted by EPR regulations. It is the responsibility of the manufacturers of those “empty” containers (if they are not branded by the restaurant or store) to track and report detailed information such as:

• Material composition
• Product weight
• Recycled content
• Recyclability or compostability
• Volumes sold into regulated jurisdictions

SCS Consulting Services’ food safety consulting experts can help guide serviceware manufacturers through the myriad of EPR regulations and requirements, along with ways to reduce impact and fees.

Any company that manufactures or sells packaged goods, especially those operating in multiple regions or where EPR regulations are in place, can benefit from our EPR advisory service. We help you understand your obligations, reduce compliance risks, take advantage of EPR eco-modulation, and improve your sustainability profile. 

You can expect improved regulatory compliance, reduced EPR-related fees, and enhanced brand reputation through sustainable packaging practices. Our services also help you identify cost-saving opportunities through eco-modulation and life cycle assessments (LCA) depending on the region and PRO. 

The timeline varies depending on your company’s size and needs, but initial assessments and compliance roadmaps can typically be delivered within a few weeks. 

We offer a holistic approach that combines regulatory expertise, environmental science, and strategic consulting. Our team provides actionable insights and a wealth of industry and sustainability expertise that goes beyond basic regulatory compliance. 

We follow strict data security protocols and ensure all client information is handled in compliance with relevant privacy and data protection regulations. 

Our support includes regulatory analysis, packaging assessments, PRO engagement strategies, and ongoing advisory to adapt to changing laws. We might recommend additional services that could save on fees through demonstration of lower impacts through an LCA or verification of recycled content/recyclability. 

Pricing is based on the scope of services and company size. We offer flexible packages to meet the needs of both small businesses and large enterprises. 

Due to the nature of this service, we do not offer demos or trials. However, we do provide a free initial consultation where we can provide sample assessments to help you understand how our EPR service can benefit your organization. 

Fill out the form to request a meeting with one of our EPR consultants. We will set up a meeting to begin your EPR compliance journey. 

• Maine: LD 1541 – Stewardship Program for Packaging
• Oregon: SB 582 – Plastic Pollution and Recycling Modernization Act
• Colorado: HB 22 1355 – Producer Responsibility Program
• California: SB 54 – Plastic Pollution Prevention & Packaging Producer Responsibility Act
• Minnesota: HF 3911 / SF 2744 – Packaging Waste & Cost Reduction Act
• Maryland: SB 901 – Packaging and Paper Products Producer Responsibility Plans Act
• Washington: SB 5284 – Recycling Reform Act
   

• New York: S.5062 / A.6191, S.1464 / A.1749
• Massachusetts: H.841 / S.552 (varies by session)
• New Jersey: S.3398 / A.5009
• Rhode Island: SB 939, SB 996, HB 6205
• Connecticut: HB 6382
• Tennessee: HB 1442 / SB 1343
• Illinois: SB 702 / HB 3161
• Georgia: HB 1237
• Missouri: HB 3504
• North Carolina: HB 882