Extended producer responsibility (EPR) is rapidly becoming one of the most important regulatory trends shaping the manufacturing industry. As global and U.S. regulations push toward a circular economy, manufacturers face increasing obligations to manage their products beyond the factory floor. For many, this means rethinking responsible sourcing, product design, packaging choices, and waste management strategies. Manufacturers with EPR requirements will need a product sustainability strategy and supply chain sustainability management platform to stay ahead of the risks.
So, what is EPR and why should manufacturers, especially those selling into the U.S., take action now?
What Is EPR?
EPR is an approach that shifts the responsibility of end-of-life management from governments and taxpayers onto producers. It’s rooted in the “polluter pays” principle: a commonly-accepted practice in international law that corporations or individuals that cause pollution should bear the cost of managing it.
EPR laws often require manufacturers to cover the financial and logistical costs of collecting, recycling, and disposing of their products once they reach the end of their useful life. Some EPR rules push manufacturers to be more proactive in their product design and material choices. For example, the EU Packaging and Packaging Waste Regulation sets out EPR requirements for a minimum percentage of recycled content and mandates standards for packaging labels.
EPR Requirements: How Are You Affected?
EPR regulations look different depending on industry and product type. In most cases, EPR requirements include one or more of the following:
- Supply chain engagement: Producers need to have clear visibility into the parts and materials in their supply chains so they can properly manage the end of a product’s life
- Materials compliance: Many EPR laws prohibit, restrict, or set phase-outs for substances of concern. Producers must monitor what goes into their products and (re)design accordingly
- Membership in Producer Responsibility Organizations (PROs): These entities manage collection and recycling programs on behalf of producers
- Payment of compliance fees: Costs are tied to the quantity, type, and recyclability of products and packaging placed on the market
- Product data reporting: Manufacturers must provide detailed information on materials, sales volumes, and recycling efforts
- Recycling and reuse targets: Many regulations set benchmarks for how much material must be diverted from landfills
To achieve EPR compliance, you will need to know what materials are in your supply chain along with information about their ecodesign performance and any restricted substances.
EPR Laws in the U.S.
While EPR laws came into force more quickly in the EU, EPR is no longer just a European market concern. The U.S. has rolled out 146 EPR laws across 35 states, covering 21 product categories. And this is just the beginning.
Packaging laws in particular are accelerating, with U.S. states like California, Oregon, and Colorado leading the pack:
- California SB 54 requires manufacturers to register, report packaging data, and reduce plastic pollution
- Oregon SB 582 mandates PRO participation and regular disclosure of product impacts
You can expect more states to adopt similar EPR laws. Like with PFAS reporting, U.S. manufacturers should prepare for a fragmented and patchwork regulatory landscape. To stay ahead of overlapping and diverging EPR compliance requirements, you’ll need a proactive supply chain compliance program that engages your suppliers for sustainability data across multiple jurisdictions.
Why an EPR Program Is Essential
Understanding and staying ahead of new EPR regulatory requirements is already vital for many manufacturers and suppliers. However, as the list of states with EPR laws grows, it will be a business necessity to have an EPR program in place.
As EPR becomes adopted more broadly across more industries and markets, you should prepare for:
Financial Impact of EPR
Compliance fees and other required investments will directly affect margins.
- Do you have the budget or resources to administer an EPR compliance program?
- Will you be required to contribute to waste management programs with associated costs?
- Will the data you collect and report influence how much you pay?
Operational Complexity
Managing EPR reporting obligations across multiple jurisdictions requires robust data systems.
- Are your suppliers equipped to share compliance and sustainability declarations for EPR-related materials?
- Will you need to switch suppliers or materials?
- Do you have dashboards or reporting set up for EPR data?
- How will your organization share data across departments related to EPR?
Product Design
Increasingly, EPR laws push manufacturers to consider recyclability and sustainability right from the start of product design and material sourcing.
- Are you checking materials against regulatory lists before purchasing them?
- Are your engineering and product design teams connected with your compliance and EHS teams?
- Do key suppliers understand your regulatory and EPR requirements?
EPR Solutions: How Assent Improves Compliance
Meeting EPR requirements is no small task. They’re broad, and the fragmented adoption of EPR laws by state means you need to be proactive and agile.
Assent supports your compliance by simplifying data collection, reporting, and compliance management across multiple jurisdictions. Our EPR solution provides a full workflow to help scope and calculate fees, as well as prepare reports to share with PROs.
We educate and engage your suppliers so they can be EPR partners, and you gain better visibility into the materials that go into your own products.
Future proof your compliance program by speaking with an Assent expert today.
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