NYS Considering Extended Provider Responsibility (EPR) Law

New York State Considering Extended Provider Responsibility (EPR) Law for Paper Manufacturers, Printers, and Packaging Suppliers – Get Involved or Face New Costs! 

Read on for details and use PIA’s Legislative Action Center to take action!

The New York State Legislature is considering passage of a law that would establish an Extended Provider Responsibility requirement as part of the state’s environmental regulations. This measure, S.1185A/A.5801, would significantly increase costs to manufacturers and suppliers of the following Covered Products:

  • containers and packaging (flexible or rigid, paper, cartons, plastic, glass or metal and more)
  • most paper products (paper, flyers, brochures, catalogs, directories, newspapers, magazines and more)
  • Plastic containers, packaging, and labels (rigid, PET, PE, PVC, PS, polycoated fiber, flexible plastics and more)

The law would require “producers” of these materials (manufacturer, importer, seller, distributor of the above Covered Products), to undertake the following actions:

Producer Responsibilities

  • Within three years, producers of covered materials “will not be permitted to sell the product unless they have developed a government approved “producer responsibility plan” (PRP)”
  • Within one year of the government approval of a PRP, producers will be required to meet the minimum post-consumer recycled material content rate and minimum recycling rate
  • The provisions of the PRP would require that the producer be responsible for management of the disposal of the products they produce once those products are no longer useful by companies. This can be done either directly or through the establishment of a “Producer Responsibility Organization”. A producer’s responsibility will include operational expenses, physical management of the product, or both.
  • There are “carve-outs” for smaller companies, under $1 million in annual revenue or generating under 1 ton of covered material.

Violations

  • Non-Producer violations – $500 plus $500 a day per day of violation
  • Producer violations – First violation: $5,000 per violation plus $1,500 per day of violation, Second violation: Within twelve months, $10,000 per violation plus $3,000 per day of violation, Third or subsequent violations: Within twelve months, $20,000 per violation plus $6,000 per day of violation

Who is impacted by this:

This legislation, if enacted, will impact most companies in New York State who produce a printed product or packaging materials including:

  • Folding carton and corrugated box manufacturers
  • Mailers
  • Envelope convertors and printers
  • Commercial printers
  • Flexo label manufacturers and bag printers
  • Magazines and newspapers
  • Plastic packaging manufacturers
  • Paper manufacturers

This proposed law is currently in the New York State Senate Committee on Environmental Conservation and New York Assembly Environmental Conservation Committee.

Bill Sponsors:

Assembly:

Englebright (Committee Chair)
Lunsford
Paulin
Griffin
Kelles
Thiel

Senate:

Kaminski (Committee Chair)
Hinchey
Hoylman
Comrie
Jackson

This bill will impact your company!  Weigh in on the Printing Industries Alliance Legislative Action Center!  Printing Industries Alliance has prepared a letter for your use in reaching out to your elected representatives.  Access PIA’s Legislative Action Center to express your thoughts in a few minutes. Questions?  Contact Tim Freeman at tfreeman@PIAlliance.org or (716) 691-3211.

Tim Freeman, President
Printing Industries Alliance
office: (716) 691-3211
cell: (716) 983-3826

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