by ERIN RADEN, Senior Director of State Government Affairs, The Toy Association
Hundreds of state bills and regulations have the potential to impact the toy industry each year — and that’s where The Toy Association’s Global Government and Regulatory Affairs team steps in to help.
From crafting legislative language and amendments and writing letters of opposition to building coalitions and engaging in grassroots outreach in priority states, our team works behind the scenes to monitor and influence key policies impacting toy companies across all 50 states.
One of The Toy Association’s current priorities is to influence and help members comply with Extended Producer Responsibility (EPR) laws for paper and packaging throughout the U.S.
While EPR programs are not a new concept, the application of these laws has evolved. Historically, EPR programs applied to products like mattresses, batteries, and paint, but current efforts are concentrated on packaging. EPR mandates that companies (aka “producers”) take responsibility for funding and managing programs to ensure the collection and responsible recycling of the paper and packaging they supply to consumers. This shift from local governments and taxpayers to producers significantly changes how they approach waste management and environmental stewardship.
A unified national EPR program that improves recycling infrastructure with clear standards and criteria does not currently exist. Instead, the landscape of these programs in the U.S. is fragmented, with various states implementing their own initiatives.
When it comes to EPR legislation, uniform regulations provide clarity and predictability, enabling our members to make informed decisions and allocate resources efficiently. The Toy Association’s work includes striving to reach a harmonized approach, that streamlines compliance efforts and ensures a level playing field for businesses without unnecessary administrative burdens.
State EPR Update
Presently, four states — Maine, Oregon, Colorado, and California — have passed legislation to establish EPR programs for paper and packaging, each of which is in a different implementation stage. While each state law is different, most will require registration with a producer responsibility organization (PRO) so that companies may continue to sell, offer for sale, import, or distribute covered materials in that state. PROs are responsible for helping states implement their EPR laws for paper and packaging, and helping producers meet their compliance obligations.
Circular Action Alliance (CAA) has been named the single PRO approved to implement California and Colorado laws and is expected to be the single PRO in Oregon. CAA has announced a July 1, 2024 registration deadline for producers that sell, import, or distribute products in California, Colorado, or Oregon. To comply with packaging EPR laws in these three states, all producers must register with CAA, unless the company qualifies for an exemption under one or more stat laws or intends to submit an individual compliance plan.
The Toy Association is closely monitoring legislative activity in additional states such as Hawaii, Washington, and New York, all of which have been striving to pass EPR laws for several years. At the time of publication, Washington and Hawaii have not yet passed EPR legislation, but Hawaii is potentially moving forward with a study bill. Movement in New York seems unlikely this year. However, Maryland and Illinois passed study bills last year, initiating the process of implementing EPR programs in their respective states.
The Toy Association is closely monitoring legislative activity in additional states such as Hawaii, Washington, and New York, all of which have been striving to pass EPR laws for several years. At the time of publication, Washington and Hawaii have not yet passed EPR legislation, but Hawaii is potentially moving forward with a study bill. Movement in New York seems unlikely this year. However, Maryland and Illinois passed study bills last year, initiating the process of implementing EPR programs in their respective states
Toy Association Actions
Where EPR proposals will impact toy manufacturers, our staff regularly steps in to stop or amend these bills to protect the industry from unnecessary and inconsistent regulations.
The Toy Association is actively participating in CAA’s Producer Workgroup to provide members with compliance resources and assist them with meeting registration deadlines. Most recently, the Association has joined Ameripen, an organization focusing on U.S. public policy for the packaging industry.
We also joined a coalition organized by the California Chamber of Commerce to provide the toy industry’s perspective throughout the rule-making process for California’s SB 54, the largest comprehensive packaging EPR program in the country. SB 54, aka the Plastic Pollution Prevention and Packaging Producer Responsibility Act, establishes new regulations for single-use packaging and plastic food service ware.
California’s bill will have a major impact on the toy industry, including restricting what types of packaging can be used in the state, how new packaging materials can be added as technology advances recyclability, requiring the industry to meet source reduction mandates, and imposing eco-modulated fees for different material types.
Ultimately, this bill could lead to bans on certain packaging materials, California-only packaging mandates, and the exclusion of advanced recycling technologies. By joining forces with stakeholders in this coalition group, The Toy Association is ensuring that the interests of the toy industry are effectively represented throughout the rulemaking process.
For more information on The Toy Association’s advocacy initiatives at the state level, visit www.toyassociation.org/state. Individuals interested in getting involved with issues that impact their businesses and joining the Association’s State Government Affairs Committee can reach out to me directly at eraden@toyassociation.org.
Circular Compliance Registration:
Any company that expects to be considered a covered producer under California, Colorado, and/or Oregon’s paper and packaging EPR laws, and which is not otherwise exempt from registration under those laws, must complete the Covered Producer Registration form as the first step in the producer registration process with CAA by July 1, 2024.
The Covered Producer Registration Form requires the following information:
- Confirmation the company is an obligated producer based on its understanding of the legal definitions.
- Producer’s legal business name.
- States in which the company is likely to be considered an obligated producer.
- Primary contact’s email address and phone number. This will enable CAA to notify your company when it is time to accept the applicable requirements of CAA’s producer responsibility program plans.
Companies will have an opportunity to update information if needed. Producers who complete CAA’s registration form before July 1, 2024, will be considered registered with CAA. The primary contact will receive a confirmation email upon completing the registration form.
A version of this feature was originally published in The Toy Book’s 2024 Specialty Toys & Gifts Issue. Click here to read the full issue! Want to receive The Toy Book in print? Click here for subscription options!
