Minnesota Passes Extended Producer Responsibility Bill

Minnesota recently became the fifth state to pass an extended producer responsibility (EPR) bill into law. The bill was part of an omnibus environment and natural resources budget and policy bill that passed in the final days of session and was signed into law by Governor Walz. The bill creates a Producer Responsibility Organization (PRO) that must be established by January 1, 2025, however the Minnesota Pollution Control Agency (MPCA) has yet to issue any framework for establishing the PRO, its advisory board or other aspects of the law. Per the law, initial fee notices will be provided by the commissioner by February 15, 2025, and annually until February 15, 2028. The PRO must pay the full cost of these fees within 45 days. The PRO may charge each member producer according to each producer’s unit/weight/volume/or sales-based market share or “by another method it determines to be equitable” so there is potential for a wide-range of costs associated with the bill. Under the law “covered materials” include paper, cardboard, plastic, metal, cans or glass. Producers under the law include any who sell or distribute into the state via e-commerce, remote sale or distribution.

Minnesota has yet to implement a bottle deposit return system, but if one is enacted in the future, products included in a bottle bill would be exempt from EPR. Wine Institute will continue to dialogue with supporters of a bottle bill to determine next steps and work with the MPCA to access implementation materials as they become available. View Wine Institute’s summary document on the bill.