Are You an EPR Producer? Here’s What You Need to Know 

If you’re new to Extended Producer Responsibility (EPR) regulations, one of the first and most important questions to answer is: Are you considered a producer? 

Under EPR laws, the term “producer” covers more than just traditional manufacturers. Depending on your role in the supply chain, you may be responsible for reporting and managing the post-consumer fate of your packaging materials.  

Here’s how states typically define a producer: 

• Brand or Trademark Owners – You are a producer if you manufacture or own the brand of a product or packaging sold in the U.S. 
• Licensees – If you direct the production of packaging under a licensed brand, you may hold EPR responsibility. 
• Manufacturers – In the absence of an identifiable brand, the manufacturer becomes the responsible party. 
• Importers – The first entity to bring products into the U.S. market is considered the producer. 
• Retailers – Especially those selling private label goods may be designated as producers under EPR. 

Because compliance authorities often focus their attention on brand owners, it’s usually the brand owner who carries the primary burden of ensuring sales and packaging data are accurate and complete. 

For e-commerce, producers may be responsible for both product and shipping packaging—so it’s important to review the rules for each state in which you sell. 

As EPR obligations can vary widely state to state, we strongly encourage all producers to consult legal counsel to understand your specific responsibilities. 

Have Questions? Our Member Services team is here to help. Send an email to memberservices@interchange360.com and one of our team members will get back to you promptly.