Extended Producer Responsibility Coming to MN: What to Know

Packaging rules in Minnesota are about to change in a big way. A new law built on Extended Producer Responsibility (ERP) is designed to incentivize sustainable packaging by shifting responsibility onto brand owners and producers.  Instead of relying solely on consumers to recycle, ERP sets clear guidelines to ensure packaging is refillable, reusable, recyclable, or compostable by 2032.

ERP will apply to any products sold, offered for sale, distributed, or shipped within or into Minnesota (including online purchases). This is a massive shift that brand owners need to start planning for now. Here’s what you need to know.

Key Takeaways:

• By 2032, all packaging sold in Minnesota must be refillable, reusable, recyclable, or compostable under Extended Producer Responsibility (ERP).
• ERP applies broadly to products manufactured, sold, distributed, or shipped in Minnesota.
• Exceptions exist (like FDA-regulated drugs and devices, refillable LPG, hazardous products, etc.), but most consumer goods must comply.
• Brand owners, manufacturers and importers must join or partner with a Producer Responsibility Organization (PRO) to meet ERP compliance requirements. 

What is Extended Producer Responsibility (ERP)?

Extended Producer Responsibility (ERP) laws aren’t new — states like Oregon, Colorado, and California have already moved forward with laws that incentivize sustainable packaging. What is new is that ERP is now coming to Minnesota.

Extended Producer Responsibility (ERP) is a group of policies under the larger Packaging Waste and Cost Reduction Act. The overall act’s purpose is to reduce environmental and health impacts from packaging manufacturing and disposal. ERP are are a set of guidelines underneath the larger act that are designed to hit the following goals:

• Increase the amount of packaging that is refillable, reusable, recyclable, and/or compostable
• Make it easier for end consumers to recycle different types of packaging
• Expand the availability of both curbside recycling and recycling centers
• Reduce the cost of recycling for consumers
• Provide guidelines for brand owners, manufacturers, and importers to implement sustainable packaging practices

That last bullet point is where we get into the meat of what ERP means. When creating packaging materials in the future, you will need to ensure that you are meeting ERP guidelines. 

What Do Brand Owners Need to Know?

The PCA defines packaging as “materials used to transport, market, protect, or handle a product.”  After Jan. 1, 2032, all packaging, food packaging, and paper products must be ONE of the following:

• Refillable and supported by a refill system  
• Reusable and managed through a reuse system
• Recyclable and collected through a curbside or alternative system
• Compostable and collected through a curbside or alternative system 

While many organizations have already invested in sustainable packaging efforts, these guidelines make sustainable packaging a MUST.

ERP will require brand owners to either partner with a packaging manufacturer that’s a member of the Producer Responsibility Organization (PRO) or to directly join the PRO if sourcing packaging materials themselves. In Minnesota, this PRO group will be Circular Action Alliance.

Another important thing to note is the scope of this law. ERP applies to any products sold, offered for sale, distributed, or shipped within or into Minnesota (including online purchases). So whether your product is created in Minnesota, arriving in Minnesota, or just passing through Minnesota, it will have to be compliant.

Are There Any Exceptions?

Yes. There are a few exceptions to ERP that PCA highlights in its guidelines to brand owners:

• B2B products used in making other products (not sent to consumers or other companies first).
• Human drugs, medical devices, and related equipment regulated by the FDA.
• Animal drugs, biologics, parasiticides, devices, and diagnostics regulated by FDA or USDA.
• EPA-regulated products under FIFRA (insecticides, fungicides, rodenticides).
• Refillable liquefied petroleum gas containers.
• Hazardous or flammable products under OSHA’s Hazard Communication Standard.
• Paint collected through approved stewardship programs.
• Infant formula, medical food, and certain fortified oral supplements.
• Specific wood/cellulosic products: bound books, newspapers, and magazines (<95,000 circulation) with current events content.

However, a majority of direct-to-consumer goods will be required to follow ERP guidelines. 

What are the Timelines for ERP?

ERP in Minnesota is rolling out in phases over the next several years. Most of these phases will be setting up the structure for this initiative and not directly impact brand owners. Here are the key timelines to know:

• 2025–2026: Producers will form a PRO group; MPCA will set up an advisory board, register service providers, and complete assessments.
• 2027–2028: MPCA will finalize collection lists and program rules; The PRO will submit the first stewardship plan.
• 2029–2032: The PRO will implement the plan, cover 90% of costs by 2031, and submit annual reports.
• 2032-onward: All brand owners whose products qualify will be required to follow ERP guidelines. All packaging must be refillable, reusable, recyclable, or compostable.

How to Stay Compliant

Your best way to stay compliant is to partner with a packaging manufacturer that manages ERP requirements on your behalf. Foam Industries will be part of the Producer Responsibility Organization (PRO), ensuring all packaging materials meet Minnesota’s new guidelines.

Brand owners should start evaluating packaging choices now. Waiting until 2032 to make changes could leave you scrambling to update designs, supply chains, and vendor relationships. Early adoption means smoother compliance, lower long-term costs, and a stronger sustainability story to share with your customers.

Extended Producer Responsibility is reshaping packaging in Minnesota, and brand owners are right at the center of that change. While the full impact won’t be felt until 2032, the groundwork is happening now. Businesses that prepare early will be better positioned to thrive. By partnering with trusted packaging experts like Foam Industries, you can stay ahead of regulations, simplify compliance, and turn sustainability into a competitive advantage.

Sources:

Extended producer responsibility for packaging - Minnesota Pollution Control Agency

Circular Action Alliance Confirmed as the Producer Responsibility Organization for Minnesota - Circular Action Alliance

Partnership on Waste and Energy: PACKAGING WASTE AND COST REDUCTION ACT - Ramsey/Washington Recycling & Energy