Policies & Legislation

Producer Responsibility Legislation

The Northwest Product Stewardship Council promotes the concept of producer responsibility and product stewardship in policies and legislation. Learn more about what producer responsibility legislation typically includes.

US States: Product Stewardship Framework Policy and Legislation

Nationally: National Association of Counties Adopts ERP Resolution

The National Association of Counties adopted a resolution supporting an Extended Producer Responsibility Framework Approach, which creates effective producer-lead reduction, reuse and recycling programs, to deal with a product’s lifecycle impacts from design through end of life management, without relying solely on state and local governments. In addition, the resolution specifically addresses mercury containing fluorescent lamps, electronic waste and paint.

California, Oregon and Washington: Joint Framework Principles

In May of 2008, the California Product Stewardship Council and the Northwest Product Stewardship Council released joint Framework Principles for Product Stewardship Policy. The following principles are intended to guide development of product stewardship policies and legislation that governs multiple products. It is primarily aimed at state legislation but is also intended as a guide for local and federal policy.

California On January 23, 2008, the California Integrated Waste Management Board (CIWMB) adopted Extended Producer Responsibility (EPR) Framework Policy which could be used by CIWMB to support legislation.

The new EPR Framework Policy shifts the responsibility for managing products at the end-of-life from local governments to producers who can internalize the costs of product collection, transportation, and recycling/disposal. The new policy provides stronger state regulations, realistic product selection and goal setting, and flexible oversight of product stewardship programs managed by affected participants. Through product stewardship, the CIWMB hopes to encourage firms to design products which are less damaging to the environment, reduce waste at the source, and reuse end-of-life products rather than disposing unwanted material.

Minnesota HF 1812C/SF1475, signed into law on May 29, 2008 as Chapter 363, would modify the Minnesota Waste Management Act to establish principles of product stewardship and would require the Minnesota Pollution Control Agency by January 15, 2009 to provide recommendations for establishing a comprehensive product stewardship approach for reducing environmental and health risks posed by the use or disposal of certain products.

The recommendations would be required to include, at a minimum: (1) criteria to evaluate products proposed for product stewardship solutions; (2) a process for designating products for product stewardship solutions, and the role the legislature would play in that process; (3) typical components of product stewardship plans; (4) options to facilitate the creation of industry-managed stewardship management organizations; (5) methods to identify and monitor progress towards stewardship performance goals; and (6) strategies to implement the use of standards, certifications, and eco-labels to promote environmentally preferable products.

Producer Responsibility Legislation

The Northwest Product Stewardship Council promotes the concept of producer responsibility and product stewardship in policies and legislation. Producer Responsibility legislation generally includes the following items:

• Manufacturers are made responsible for implementing and paying for an environmentally sound system to collect and manage their products that contain hazardous and toxic components once the product is discarded.
• The products and materials that are targeted for takeback should be defined.
• The waste management costs are shifted from local government to the manufacturer. Manufacturers establish a front-end financing mechanism whereby the costs of managing the discarded products are included in the price of the product. No taxes or fees are administered by government agencies.
• The collection and recycling system must be convenient for all that use the system.
• Manufacturers are given an incentive to phase out hazardous and toxic components, to design products that can be easily recycled and to develop markets for the recyclable materials.
• Government provides a level playing field for manufacturers by adopting legislation and performance requirements.
• Collection and recycling measures and timetables for meeting performance goals are established. Manufacturers are responsible for tracking and reporting progress toward goals.
• Standards are established for recyclers and processors to ensure that the materials are handled in an environmentally sound manner.
• Governments provide oversight and enforcement.

For current product stewardship legislation, visit our product-specific pages using the menu on the left.

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