Minnesota EPR Program Overview and Retailer Responsibility

Called “Covered Products” in Minnesota, packaging, food packaging, and paper products are covered. Minnesota Pollution Control Agency will create a collection list over the next several months. A list of packaging materials can be found on Minnesota Pollution Control Agency website.  

Includes: packaging used for the containment or protection of products, including paper, plastic, glass, metal, and a mixture thereof; single-use bags, food service ware, and shipping supplies; food wrapping material such as aluminum foil, film wrap, trash bags, and more.

In Minnesota, the definition of “Producer” is tiered. The definition can be found in the Minnesota statute ( 115A.1441). Please review the definition with your legal counsel.

Below is a summary of how to determine who is the producer of covered products:

For items sold in packaging at physical retail locations:

1. If a product is sold in packaging that either has the manufacturer’s own brand on it or has no brand name at all, the entity responsible for the packaging is the one that made the product itself.
2. If a product is made by someone who is not the owner of the brand or trademark on the packaging, the producer is the licensee who holds the rights to use that brand or trademark.
3. If neither the brand owner or manufacturer nor the brand license holder is based in the U.S., the person or company that brings the product into the U.S.  to sell, offer for sale, or distribute it in the state becomes the "producer" of the packaging.
   

For items sold via remote sale or distribution:

1. For packaging used to protect direct packaging, the producer is determined in the same fashion as items sold at physical locations. (See above.)
2. For shipping packaging, the producer is the entity that packages and ships to the consumer.
3. For packaging that is covered material and is not included in the above clauses, the producer is the first entity that distributes the item into the state.

Paper Products

1. Paper products sold under the manufacturer's name, the producer is the manufacturer
2. If the product is not sold under the manufacturer’s own brand, then the producer is whoever owns or has the rights (licensee) to the brand name under which the product is sold or distributed in Minnesota.
3. If there is no manufacturer or licensee, the brand owner is deemed the producer
4. If the brand or manufacturer is outside of the US, the entity that is importing the product into the country is the producer

Retailers must identify if they are the brand owner or the licensee of a product containing covered material. If retailers are one of the following, they are considered a producer:

• The exclusive brand owners or licensee of products using covered materials
• Sell private-label products using covered materials
• Are the only entity in the state selling products with covered materials
  

If a retailer is deemed a producer, see “Producer Responsibility” below. 

If distributors are brand owners, they may be considered a producer. Please review the definition of “producer” with your legal counsel.

Producers must register with the Circular Action Alliance (CAA), the approved PRO, by July 1, 2025. An initial reporting deadline has not yet been set for producers.

Producers can register by completing CAA’s online registration form. This form needs to be completed once for each subsidiary company, based on EIN (Employer Identification Number).