The State of New York has passed a bill requiring sellers or distributors of packaging to register with a packaging reduction organization and develop a plan to reduce and recycle their waste.
New York Senate Bill 1464 requires packaging producers generating over $5 million in annual revenue or producing at least two tons of packaging annually to register with a packaging reduction organization.
For the first ten years after the new law goes into effect, there will be only one packaging reduction organization to register with. Non-profits can apply to become an official organization within the first six months of the law entering into force, and one will be selected within the first nine months, but additional organizations may be implemented after the initial decade has passed.
Within two years of the bill’s effective date, the first organization must develop and submit a packaging reduction and recycling plan – featuring a ‘comprehensive’ list of types and brands of materials for which producers are responsible; the processes and mechanisms that will be implemented to help producers comply with reporting requirements; proposed programme free adjustments to account for eco-modulation factors; and a description of each packaging material’s characteristics where they pertain to eco-modulating factors.
This should encompass the next five years and, once approved, receive updates every five years.
Two years after the law’s rules and regulations are promulgated, producers must only provide packaging that can be sorted for recycling and has a ‘consistent regional market for purchase by end users in the production of new products’.
They must implement an average of at least 35% post-consumer recycled content into their glass containers. Paper-based carrier bags sold or freely distributed must contain an average of at least 40% post-consumer recycled content – unless the bag holds a product weighing eight pounds or less, in which case only 20% post-consumer recyclate is required.
All plastic trash bags must also contain at least 20% post-consumer recycled content, on average. However, there will be no recyclate requirements for reusable and refillable packaging.
No packaging materials sold in New York should contain opaque or pigmented PET, oxo-degradable additives, non-recyclable label constructions (e.g. inks or adhesives), polystyrene (including expanded polystyrene) – or, for rigid packaging in particular, PET glycol.
Three years after the bill’s introduction (or after a producer first registers with an organization), each producer must reduce their packaging materials, including primary plastic packaging, by 10%, whether across the company or by unit weight. By five years, the figure increases to 15%, then to 20% by eight years, 25% by ten years, and 30% by twelve years.
There will be no limit to how far a producer can exceed these targets. However, it may apply for a waiver if a portion of its packaging is reusable and circulated within a reuse and refill system. Waivers may also be granted to companies that can prove they have already reduced their packaging between ten years before and two years after the law takes effect.
Several toxic substances and materials will also be banned as intentionally added substances, including bisphenols, PFAS, heavy metals and compounds, formaldehyde, halogenated flame retardants, polyvinyl chloride, and polystyrene (excluding expanded polystyrene).
Furthermore, the law states that individual packaging producers must supply a minimum of 25% reused or recycled plastic packaging by 1st January 2030. 35% of non-plastic equivalents must be reused or recycled; within that figure, a minimum of 5% must be reused.
Mandated recycling and reuse rates even out for plastic and non-plastic packaging by 1st January 2037, with at least 50% of packaging material required to be reused or recycled. 10% of non-plastic packaging must be reused at a minimum.
From there, at least 75% of every producer’s packaging materials must be reused or recycled by 1st January 2052, at least 20% of which should constitute reusable non-plastic packaging.
Programme participation fees will be collected from producers to cover all costs of the programme, from administration to enforcement and assessments. These should use eco-modulation to financially incentivize producers to reduce and recycle their packaging waste, and disincentivize practices that drive up management costs or contain toxic substances.
For instance, since there is no fee for packaging in a reuse or refill system, the law is expected to bolster the amount of reusable or refillable packaging in circulation. The fees should also aim to cut down on toxic packaging components and litter.
Charges will vary based on the packaging material, the quantity of each material sold by weight, reuse and refill rates for the pack in question, whether any of a pack’s components contaminate recycling streams, the cost of collection and processing, and eco-modulation measures, among other factors.
This accumulated money will cover costs related to kerbside collection and other residential services; establishing reduction and reuse infrastructure; providing reimbursement for recycling services, and more.
On that note, retailers will not be permitted to charge consumers with a point-of-sale or other fee to compensate for participation fees.
Packaging reduction organizations should collaborate with local governments and end market representatives, including recycled commodity brokers and manufacturers utilizing post-consumer materials, to conduct annual review processes determining whether packaging materials in circulation are recyclable.
They should also undertake public outreach to provide consumers with educational materials encouraging the reduction of packaging thrown away or recycled in the state of New York.
Additionally, kerbside recycling should be made conveniently available to all New York residents. This should encompass any category of packaging materials not handled through other waste collection methods, like deposit return schemes or buy-back systems.
This development comes during a tumultuous year for sustainable packaging in the United States. While the previous Biden-Harris administration made plans to eliminate single-use plastics across federal government agencies by 2035, these have since been rescinded by President Donald Trump in a retaliation against paper straws.
The United States has placed 25% tariffs on imports of steel, aluminium, and products containing such metals, which Smurfit WestRock CEO Tony Smurfit has described Donald Trump’s import tariffs as ‘economic suicide’.
Yet some of Senate Bill 1464’s measures take a similar approach to the EU’s Packaging and Packaging Waste Regulation, for which we have developed a comprehensive guide to its current and final draft as it enters into force.
In other news, India’s Ministry of Environment, Forest and Climate Change also updated the national Plastic Waste Management Rules earlier this year. Now India requires companies to provide information about its plastic packaging via an on-pack barcode, QR code, or unique number; the compliance of market operators must also be made public, while non-compliant parties now face sanctions.
If you liked this story, you might also enjoy:
The ultimate guide to the Packaging and Packaging Waste Regulation in 2025
How are the top brands progressing on packaging sustainability?
Everything you need to know about global packaging sustainability regulation in 2025
The key to increasing the use of reusable packaging in supermarkets
No comments yet