FPA opposes New York EPR legislation

The Flexible Packaging Association has announced its opposition to proposed packaging extended producer responsibility legislation in New York, A.1749/S.1464, warning that key requirements remain unattainable and will increase costs for consumers while disrupting the state's supply chain.

The FPA's central objection concerns a mandate requiring a 75 percent plastic packaging recycling rate by 2055, combined with an explicit ban on advanced recycling technologies such as chemical recycling that would be necessary to reach that target. The legislation also requires a 30 percent reduction in flexible plastic packaging and mandates that post-consumer recycled content be sourced exclusively from domestic US suppliers, a restriction the association says will create product shortages and compliance challenges that are effectively impossible to meet.

The bills also require producers to bear all of New York's recycling costs, rather than the shared funding models used in other states with packaging EPR legislation in place, potentially exposing producers to unpredictable disposal expenses in areas where local governments opt out of providing services.

'Among our concerns is that even with its recent amendments, this legislation will eliminate the flexible packaging that keeps essential consumer food and other products safe and sanitary,' said Dan Felton, president and CEO of the FPA. 'Retailers and consumers face increased product damage, higher replacement costs and less reliable shelf availability.'

The FPA says it supports a circular economy and is calling for a science-backed EPR program that recognizes the environmental benefits of flexible packaging and invests in real-world recycling infrastructure.