In 2021, Oregon enacted the “Plastic Pollution and Recycling Modernization Act” as an extended producer responsibility (EPR) law aimed at improving recycling access, services, and infrastructure, while reducing plastic pollution in Oregon.
Producers and manufacturers of residential and commercial packaging, printing and writing paper and foodservice-ware are required to join a Producer Responsibility Organization (PRO) for Oregon, and through the PRO, pay fees to fund the end-of-life treatment of the aforementioned materials, to include processing and recycling and related infrastructure. Oregon approved the non-profit producer-led Circular Action Alliance (CAA) as the PRO.
Companies selling dairy products in Oregon must understand whether they have obligations under the EPR law: whether (1) the materials used to package the company’s dairy products are “covered materials” and (2) the company meets the definition of an Obligated “Producer” responsible for the dairy product packaging. While defining “covered products” is somewhat straightforward, the question of whether a company is an Obligated Producer is more challenging due to the variety of business arrangements in the dairy industry.
Click here to access the guide developed to assist IDFA members with interpreting the EPR law and to help guide companies and their counsel in determining their Obligated Producer status.
