The ICSC ESG Committee met in New York City in February and participated in a sustainability tour of the Empire State Building and a committee meeting at ICSC’s New York City Headquarters. Part of the committee discussion, led by retailer participants, focused on the emergence of Extended Producer Responsibility (EPR) laws in certain states. EPR programs require brand owners, licensees, importers/exporters, manufacturers and retailers to take responsibility for the waste generated by their paper, plastic and packaging products. EPR or product stewardship programs aim to encourage product design changes that minimize environmental impacts, reduce landfill waste, promote recycling and support recycling and materials management goals. Compliance responsibilities fall to retailers and producers, but the committee discussed how landlords and owners can accommodate and support retailers in their new obligations.
Current Status
California, Colorado, Maine, Minnesota and Oregon have enacted EPR laws for packaging and other covered products, with more states considering measures.
Due to varying state requirements, companies’ compliance burdens differ based on the state and supply chain. EPR programs are transforming the regulatory landscape across the United States. State governments are shifting the onus of end-of-life product management from consumers and local governments to the companies that produce, distribute or sell certain items. As these programs expand, businesses across multiple sectors – including food and beverage, consumer goods, apparel, and logistics – need to evaluate their options to ensure compliance as part of the broader move toward circular economies. These programs are being rapidly adopted, and with more states expected to follow, they will have far-reaching impacts across the supply chain. Companies in states with EPR laws must register with state-approved producer responsibility organizations (PROs), which manage the end-of-life processing of their products and assess fees based on the volume and type of covered materials distributed within the state. Formation and management of PROs vary by state.
What Products are Covered, Who is Responsible?
One of the most challenging aspects of EPR programs is the variability in definitions and coverage among states. Understanding the scope of products and the specific business entities along the supply chain that are subject to these laws is essential. EPR laws typically target a broad spectrum of products, and the new laws are focused on paper products (e.g., magazines, catalogs, and office paper); plastics (e.g., single-use utensils, plastic-coated food packaging and food service trays); and packaging materials (e.g., protective bags, boxes and bubble wrap). Definitions vary by state, but often include brand owners, importers, distributors, packaging manufacturers and retailers. Some states, including Oregon, have enacted regulations aimed at upstream producers (such as manufacturers, brand licensees and importers), while other states have focused more on brand owners and public-facing companies. Many states include exemptions based on annual revenue, volume of covered products sold in the state or geographical limitations. Small businesses or low-volume producers might be exempt or subject to reduced fees, easing the compliance burden on emerging companies.
What’s Next?
Several state programs have already been enacted, with compliance deadlines on the horizon. While some requirements will not take effect until 2026, 2027 or later, other states’ implementation dates are rapidly approaching. Notably, under Oregon’s EPR program, producers must register with a PRO and submit data about their 2024 distribution in the state by March 31, 2025. Compliance with these requirements is necessary to continue selling or distributing covered products in Oregon after July 1, 2025. EPR programs may be coming to other states as well. To date in 2025, eight states have introduced legislation on EPR for packaging.
For more information contact gpp@icsc.com.
Dana Robbins Schneider of Empire State Realty Trust leads a sustainability tour of the Empire State Building.
ICSC ESG Committee at the Empire State Building.