Evolving Packaging Regulations: Sustainability, Compliance, and APR Certified PCR

The packaging industry is undergoing a significant transformation, driven in part by two key factors: sustainability and the growing adoption of flexible packaging. These shifts are redefining how products are packaged, protected, and presented to consumers. For instance, sustainability was at one time considered a niche concern but is now a central priority for businesses worldwide. With heightened consumer awareness, increased corporate responsibility and a wave of government regulations, such as California’s SB54 (the Plastic Pollution Prevention and Packaging Producer Responsibility Act), companies are increasingly opting for environmentally friendly packaging sooner rather than later.

As regulatory pressures mount globally, adopting new sustainable policies and packaging strategies is no longer optional.  Businesses must begin adopting these changes to ensure compliance and future-proof their operations. As the industry embraces these changes, organizations like the Association of Plastic Recyclers (APR) are playing a crucial role in navigating the new regulatory landscape of packaging requirements through initiatives like the APR Certified Post-Consumer Recycled (PCR) program which ensures the integrity of recycled plastics. 

For businesses who use plastic packaging in their operations, understanding the impact of regulations on packaging materials is essential. This post explores the ins and outs of Extended Producer Responsibility regulations and how the APR certification program can help businesses stay compliant and avoid reputational and legal risks. 

EPR Legislation and the Significance of California’s SB54

In North America, legislation like California's SB54 is pushing the industry towards sustainable practices and creating a paradigm shift in packaging. Aimed at reducing plastic waste and shifting responsibility from consumers to producers, this law’s main goal is to ensure all single-use packaging is recyclable or compostable by 2032.  

The law is enforced by CalRecycle and carries steep fines of up to $50,000 per day per violation for non-compliant producers. In order to comply, producers must contribute to waste reduction efforts and redesign packaging for recyclability or compostability, while also pushing for improvements in recycling infrastructure. California’s legislation is considered one of the most comprehensive in its class and is seen as an optimal standard for other regions. 

Key Dates and Goalposts of California’s SB54 in 2025:                       

• By January 1st: Producers must ensure expanded polystyrene packaging and food ware meet a 25% recycling rate. 

• By April 1st: Producers must register with the Producer Responsibility Organization or PRO  (Circular Action Alliance)

• By August 31st: Producers must report packaging data for the first six months of 2025

By 2032:

• 25% reduction in plastic packaging use. 

• 65% of single-use plastic packaging to be recycled.

• 100% of packaging in the state to be recyclable or compostable.

   

Extended Producer Responsibility (EPR) laws are far from a new concept having been in place for years (sometimes decades) in places like Canada and the EU.  As U.S. consumer demand for sustainability increases, more states are enacting similar legislation. As of the writing of this article, Oregon, Colorado, Maine, and Minnesota have passed comparable laws with many more states expected to follow.

Compliance via APR Certified PCR

With the increasing number of regulations and the push for sustainability, the APR Certified PCR program has emerged as a vital component for ensuring that packaging meets evolving sustainability demands and legal requirements. APR certification independently (through trusted third parties) verifies that at least 90% of plastic content comes from post-consumer sources.

As of August 2024, certification in the U.S. is mandated by law in California (AB793), Washington (5022), and New Jersey (S2515). But while certification is not yet universally required, becoming certified does provide several advantages. For instance, using post-consumer recyclables provides incentives in states like Oregon, Colorado, and Maine. As well, PCR is required by many global voluntary initiatives such as the Ellen MacArthur Foundation, the Canadian Plastics Pact (CPP), and the US Plastics Pact. Certification could also benefit multinational companies as the APR standard was developed alongside the EURecyClass’s Audit Scheme for Recycled Plastics to foster global harmonization and more efficient processing.

Challenges and Future Prospects

While incorporating post-consumer recycled materials into packaging presents challenges (quality consistency, recycling infrastructure limitations, material compatibility, et al.) the long-term benefits far outweigh these obstacles. By using certified Post-Consumer Recycled packaging, brands can reduce reliance on virgin plastics, enhance their reputation, and contribute to broader sustainability goals.

Regulatory requirements like those mentioned in this article, and the dynamic shift toward sustainability will continue to drive innovation. Advancements in circular economy principles, recycling technologies, and waste-to-resource conversion are already pushing the industry toward a closed-loop system. Ultimately, the future of sustainable packaging lies in the ongoing development and adoption of emerging technologies and materials, setting new industry benchmarks and making meaningful progress toward a greener, more sustainable world.

If your company is navigating the evolving landscape of sustainable packaging, our experts are here to help. Contact the packaging experts at Associated Labels and Packaging today to discuss a tailored sustainable packaging solution that’s right for you.