Extended Producer Responsibility is Here. Is Your Company Ready?
Packaging regulations are quickly reshaping how companies approach sustainability and compliance.
Sustainability in the produce industry has never been more important—or more complicated. We’re seeing this play out as consumers, retailers, and lawmakers demand accountability for packaging waste, asking companies across the fresh produce supply chain to navigate new requirements that go beyond voluntary sustainability goals.
Extended Producer Responsibility (EPR) laws represent a fundamental shift: producers are now financially and operationally responsible for the packaging they introduce into the market. For produce brands, growers, and suppliers, understanding these laws isn’t just about compliance—it’s about staying competitive, reducing risk, and demonstrating leadership in sustainable packaging.
At the center of this shift are Extended Producer Responsibility (EPR) laws and they are here. In California, SB-54 requires producers to submit their first EPR reports by November 15, 2025.
For fresh produce companies, now is the time to understand how these regulations impact your business and what steps you need to take to stay compliant. Whether you’re just learning about EPR or trying to navigate its complexities, let’s look at key EPR considerations.
What is EPR?
EPR is a policy approach that shifts the financial responsibility for managing product and/or packaging waste from governments and consumers to producers.
EPR programs can apply to different types of materials (e.g., electronics, paint, or batteries) and as of September 2025, seven U.S. states have passed EPR laws on packaging specifically.
Under these laws, obligated producers (i.e., companies obligated to comply with EPR) are required to:
Report the amount and type of packaging they sell into those states.
Pay fees based on the materials and volumes reported.
The purpose of EPR is to incentivize companies to reduce packaging waste, invest in more recyclable and sustainable materials, and help fund improved recycling infrastructure.
Who is Responsible for Complying with EPR?
Responsibility for compliance varies by state, but brand owners are most commonly considered the “producer.”
For the fresh produce supply chain:
If you own the brand that appears on the product packaging, you are likely considered the obligated producer who must report.
If you’re a grower, supplier, or co-packer, you may not be directly responsible for reporting, but you may need to provide packaging data to the brand owner so they can meet their reporting obligations.
Understanding your role in EPR compliance is a critical first step. Because EPR obligations vary by state and can depend on factors like brand ownership and how packaging is used, it’s important to consult with your legal team to confirm whether your company is responsible for complying.
The Cost of Non-compliance
EPR laws are not optional.
States have the authority to issue penalties for failing to comply. For example, California may charge up to $50,000 per day per violation. Delaying reporting may also result in retroactive fees for prior years in addition to current-year obligations.
Staying ahead of the curve protects your business from unnecessary risk and financial exposure.
Why It’s Complicated
EPR is challenging because each state approaches it differently. Differences can include:
Scope of reporting: Some states require reporting only on packaging that enters residential waste streams (primary), while others require reporting on all packaging, including primary, secondary, and tertiary packaging.
Material classifications: How packaging materials are categorized and reported can vary from state to state.
Deadlines: Each program has different reporting timelines, making it difficult to manage compliance.
For fresh produce companies that use multiple types of packaging and ship to multiple states, these differences add up quickly.
What You Should Do Now
To get ahead of compliance requirements:
Determine your reporting obligations. Confirm whether your company qualifies as a producer under each state’s rules.
Register with the Circular Action Alliance (CAA) if you’re an obligated producer.
Identify which products and packaging must be reported and gather the necessary data.
Prepare for upcoming deadlines. For example, California’s reporting is due November 15.
How Measure to Improve Can Help
Navigating EPR doesn’t have to be overwhelming. With expert guidance and a clear strategy, EPR compliance can become not just a regulatory necessity, but a catalyst for innovation and long-term environmental impact. Measure to Improve partners with fresh produce companies to simplify and streamline compliance. We can help you:
1. Navigate Reporting Requirements
Determine which states you’re obligated to report to and track key deadlines.
Identify which packaging is subject to reporting so you don’t over-report or overpay.
2. Collect Packaging Data and Prepare Reports
Establish what data points need to be collected for each packaging item.
Develop methodologies to calculate and submit accurate reports.
3. Build Internal Capacity
Educate your team on what EPR means and how to stay compliant.
Create a repeatable reporting process so your company is prepared year after year.
EPR represents a major shift in how packaging waste is managed in the U.S., and it’s moving quickly. Companies that act early will be in a stronger position to maintain compliance, reduce risk, avoid penalty fees, and demonstrate leadership in sustainable packaging.
Measure to Improve can help you get there. Contact us to learn how we can support your EPR compliance strategy starting now!