FPA Opposes Revised New York EPR Legislation

The Flexible Packaging Association (FPA), the leading advocate for the U.S. flexible packaging industry, opposes proposed packaging extended producer responsibility (EPR) legislation in New York, A.1749/S.1464. 

While some positive and negative changes have recently been made to the bills, key requirements remain impractical and do not support new recycling technologies. FPA warns these issues will likely make essential goods less affordable and less useful for New Yorkers.

FPA believes the recent changes to the legislation still fail to address fundamental flaws that will disrupt New York’s supply chain and ultimately increase costs to consumers. 

“Packaging policy changes that affect company costs and compliance responsibilities will inevitably impact how everyday goods are packaged, transported, and priced,” said FPA President & CEO Dan Felton. “Among our concerns with the Packaging Reduction and Recycling Infrastructure Act is that even with its recent amendments it will eliminate the flexible packaging that keeps essential consumer food and other products safe and sanitary. Without that, retailers and consumers face increased product damage, higher replacement costs, and less reliable shelf availability. We agree that we must improve recycling systems and reduce waste, but good public policy will also avoid higher costs and keep critical packaging in place to protect public health.”

The bills mandate a 75% recycling rate by 2055 for plastic packaging. They explicitly ban advanced recycling technologies, such as chemical recycling, which breaks down plastics into their basic chemicals for reuse, that are necessary to achieve that goal. 

By prohibiting the most effective methods for processing flexible plastic packaging while simultaneously requiring a 30% reduction in that same packaging, the state is creating an extremely challenging compliance landscape.

These infeasible goals, combined with a restrictive requirement that post-consumer recycled content be sourced only from domestic U.S. suppliers, will inevitably lead to product shortages and higher prices for New Yorkers.

FPA is also very concerned about how this bill could affect New York families financially. The legislation requires producers to pay all the state’s recycling costs, unlike the shared funding models now used in several other states with laws in place for packaging EPR. 

Producers would also have to pay disposal costs in areas where local governments choose not to provide services, leading to unpredictable expenses. 

The FPA commits to advancing a circular economy and calls on stakeholders to support a science-backed EPR program in New York. 

The association urges recognition of the environmental benefits of flexible packaging, concrete investment in real-world infrastructure, and policies that protect the affordability of essential goods for all New York residents.