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New York EPR Guide

Packaging Reduction and Recycling Infrastructure Act (S 1464)

Bill in Senate Rules — Not Enacted
PRO
TBD — Bill not enacted
Agency
NYS DEC
Exemption
Under $5M global revenue OR less than 2 tons of covered material (EITHER qualifies) — S 1464-A de minimis definition
Fees
Fees not yet set — bill pending
Penalties
TBD — bill pending

Who is a “producer”?

Under S 1464, 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 (incl. transport/distribution packaging — S 1464-A §16)
  • ✓Plastic packaging and containers
  • ✓B2B + B2C shipping/tertiary packaging
  • ✓Online/e-commerce packaging

Not Covered / Exempt

  • ✕Beverage containers under NY bottle bill
  • ✕Small producers (<$5M global OR <2 tons)
  • ✕Pharmaceutical packaging (proposed exemption)

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

Key Deadlines

DateWhat's DueStatus
Jan 1, 2027Next legislative session begins — bill may be reintroducedFUTURE

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