On May 21, 2024, Minnesota became the fifth state to enact Extended Producer Responsibility (EPR) legislation. Governor Tim Walz signed HF 3577 the Packaging Waste and Cost Reduction Act as part of the larger HF 3911 Environmental and Natural Resources Appropriations budget bill. Minnesota joins four other states (Maine, Oregon, Colorado, and California) who are all in separate phases of EPR implementation.
Under the legislation, producers of the covered material, in this case packaging and printed paper, must pay fees that will cover its end-of-life. Minnesota defined producers as brands, packaging manufacturers, or distributors depending on the context. Different from EPR legislation in other states, producers in Minnesota can assign responsibility to another party by contract. The legislation excluded books and newspapers, magazines, or paper products used for a print publication with a circulation of less than 20,000 from the definition of covered printed products.
The state made certain distinctions between products sold in physical retail stores versus products sold online. For products sold in physical retail stores, brand owners will be the responsible producers for the packaging. For products sold online, the entity that adds the packaging for shipment is the responsible producer for the packaging used for shipping the product. The brand owners are responsible for the primary packaging.
Producers are required to join a producer responsibility organization (PRO) by July 1, 2026. The PRO is responsible for collecting fees, administering the program, and ensuring compliance. The law also mandates that all packaging in the state be reusable, recyclable, compostable, or managed through an approved alternate collection system by 2032. Changes from earlier drafts of the legislation include the removal of specific performance targets. Instead, a needs assessment will be conducted to determine recycling targets, waste reduction, reuse, returns, and post-consumer recycled content.
The program also requires the Minnesota Pollution Control Agency (MPCA) to create two collection lists:
- A curbside recyclability list; and
- An alternative collection list.
Based on the initial needs assessment and feedback from the public, the agency will determine the types of materials that can be recycled curbside and those that can be recycled through alternative methods of collection, such as store drop–off. If a material is not on either list and is not reusable or compostable, it cannot be sold into the state after 2032.
Producers also will be required to redesign their packaging to be reusable, recyclable, or compostable by 2032. The MPCA could approve specific materials for a deadline extension through 2040 and will be required to meet specific MPCA-established targets for waste reduction, reuse, recycling, and postconsumer recycled content that are based on findings in the needs assessments.
Below is the implementation timeline for Minnesota’s EPR program:
- January 1, 2025: Appointment of PRO and advisory board
- July 1, 2026: Producers must be registered with PRO
- December 31, 2026: Initial needs assessment is due
- October 1, 2028: PRO stewardship plan is due
- February 1, 2029: Producers cover at least 50% of net recycling costs
- February 1, 2030: Producers cover at least 75% of net recycling costs
- February 1, 2031: Producers cover at least 90% of net recycling costs
Although printers will not be directly affected by this legislation, they are expected to see some indirect effects. This will be mainly through requests from customers for packaging or covered printing that will minimize the fees imposed on the products being produced. Even though Minnesota’s program is like EPR initiatives in other states, differences exist which can pose compliance challenges. It is also important to note that the states that have passed EPR legislation are at different phases of implementation.
In this article, Sara Osorio, Coordinator, EHS Affairs, PRINTING United Alliance, reviews Minnesota’s new EPR legislation. More information about this and other sustainability issues can be found at Business Excellence-EHS Affairs or reach out to Sara directly if you have questions about how these issues may affect your business: sosorio@printing.org.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.