New CA Packaging EPR Program Developments

Packaging EPR Program Exclusion and Exemption Webpage
CalRecycle has launched a new webpage focused on extensions, exemptions and exclusions under the Plastic Pollution Prevention and Packaging Producer Responsibility Act, California’s statewide extended producer responsibility (EPR) program for packaging established by SB 54 (Allen, 2022).

For wineries that may be seeking exemptions or exclusions from the broad packaging program for secondary and tertiary packaging, the Extensions, Exemptions, and Exclusions page includes details on exemptions for small businesses and entities facing unique compliance challenges. The page also includes information for entities seeking exclusions for agricultural products that are harvested and packaged onsite.
Other exemptions include food and agricultural commodity packaging that may conflict with federal law, as well as certain de minimis components. CalRecycle has not yet issued the list of excluded de minimis items.

Wholesalers File Lawsuit Challenging California EPR Program

The National Association of Wholesalers-Distributors (NAW) and a 17-state coalition filed a lawsuit in a California federal court challenging the state’s packaging EPR law (SB 54 – Allen, 2022) last week. Along with Nebraska, the attorneys general of Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia have joined the lawsuit. They are asking the court to block enforcement of SB 54 while the case proceeds.

The legal challenges in California are similar to those in NAW’s case challenging the EPR law in Oregon, which was the first state to launch an EPR program on July 1, 2025. In the Oregon case the court issued a preliminary injunction enjoining the state from enforcing its EPR program against NAW and its members only. The trial for the Oregon case is set to begin on July 13. Wine Institute will be monitoring the developments in both cases and their impacts for wineries in both states.