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New York EPR Guide

Packaging Reduction and Recycling Infrastructure Act (S/A 2026 (pending), 0)

Bill in Committee — Not Yet Law
PRO
TBD — Bill in progress
Agency
NYS DEC
Exemption
TBD — Bill proposes $5M revenue threshold
Fees
Fees not yet set — bill pending
Penalties
TBD — bill pending

Who is a “producer”?

Under S/A 2026 (pending), a “producer” is determined in the following order of responsibility:

  1. 1Brand owners selling packaged products into New York
  2. 2Licensees and importers
  3. 3E-commerce sellers shipping into NY

What's covered

Covered

  • Single-use packaging (consumer-facing)
  • Plastic packaging and containers
  • B2B + B2C shipping/tertiary packaging
  • Online/e-commerce packaging

Not Covered / Exempt

  • Beverage containers under NY bottle bill
  • Small producers (threshold TBD)
  • Pharmaceutical packaging (proposed exemption)

Key Deadlines

DateWhat's DueStatus
Jun 30, 2026Legislative session endsUPCOMING
Jan 1, 2027Potential enacted law effective dateFUTURE

Special Exemptions

New York has more generous exemption criteria than other states. A producer is exempt if ANY of the following apply:

  • Exemption thresholds still being defined in legislation

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