Does Your Food Packaging Comply With New State Laws?

At a Glance

• Food companies with sales in California have until October 4, 2026, to bring products into compliance with SB 343. This means taking steps now to evaluate whether product packaging is eligible to be labeled recyclable in California and begin the process of making necessary changes to packaging and labeling. Companies using rigid plastics, which frequently have the chasing-arrows symbol and resin identification codes (RICs) stamped or molded into the bottom of containers, should pay particular attention to these often overlooked on-pack claims.
• New Jersey recently extended its exemption for expanded polystyrene foam (EPF) trays for raw and butchered meat; manufacturers now have until May 4, 2026, to phase out this material application in the state.
• Producers must determine the weight of packaging materials sold in or into Oregon under the state’s 60 reporting categories and submit reports, including a methodology explaining their (1) data sources, (2) assumptions and adjustments, and (3) internal processes and tools, by April 30, 2025.

State-level packaging laws are evolving rapidly, often in response to environmental concerns or shifting consumer expectations. These state laws are directly shaping the way national manufacturers are approaching both compliance and sustainability initiatives with respect to packaging their products.

With so many moving targets related to packaging and recyclability standards and waste management, it can be difficult for businesses to track developments and ensure compliance. From prohibitions on the use of the chasing-arrows recycling symbol to bans on the use of expanded polystyrene foam, we have assembled some of the top developments in food and consumer packaging from spring of 2025.

Truth in Recycling (California SB 343)

On April 4, 2025, CalRecycle (California’s Department of Resources Recycling and Recovery) published its final Material Characterization Study — a key resource for companies to use in evaluating whether products can be labeled as recyclable in California.

California’s SB 343, known as the “Truth in Recycling” or “Truth in Labeling” law, restricts the use of the chasing-arrows symbol and other unqualified recycling claims on packaging, unless it meets the state’s requirements for recyclability. In other words, if a material type and form does not meet California’s new heightened standards, it may not feature claims regarding the recyclability of the packaging, including the use of the chasing-arrows symbol, even if the symbol or claims can be used on packaging sold in other states throughout the country.

Food companies with sales in the state of California have until October 4, 2026, to bring products into compliance with SB 343. This means that companies need to be taking steps now to evaluate whether their product packaging is eligible to be labeled recyclable in California and begin the process of making any necessary changes to packaging and labeling. While the Material Characterization Study is not the easiest to interpret or apply, it is one of the best resources available to industry when assessing whether specific types and forms of material meet California’s new, heightened standard of recyclability.

Notably, California’s law is out of step with many other state laws which specifically require the use of the chasing arrows symbol and Resin Identification Codes on-pack. Companies using rigid plastics, which frequently have chasing arrows and Resin Identification Codes (RICs) stamped or molded into the bottom of containers, should pay particular attention to these often overlooked on-pack claims.

While not a perfect solution, many in industry are opting to swap the chasing-arrows symbol for ASTM International’s equilateral triangle as a middle-ground approach to compliance and standardized packaging nationwide.

Expanded Polystyrene Foam (EPF) Bans

While several states recently prohibited EPF in the food service context (including California as of Friday April 4, 2025), New Jersey’s prohibition on EPF for raw and butchered meat trays is one of the more challenging laws driving change in the food packaging space.

In the food service world, “food service ware” typically refers to materials used by food service establishments such as restaurants, and “food packaging” typically refers to materials used to protect and transport food through retail grocery channels. New Jersey’s definition of “food service ware” broadly encompasses both “food service ware” and “food packaging” such as trays for raw and butchered meat sold to grocery stores.

In good news, New Jersey recently extended its exemption for EPF trays for raw and butchered meat; so manufacturers now have until May 4, 2026, to phase out this material application in the state. Many manufacturers are opting to use rigid plastic containers in lieu of EPF; however, companies making this transition should consider that New Jersey’s minimum post-consumer resin (PCR) requirements for rigid plastic containers used for food take effect in January 2027. Likewise, pigmented plastics tend to carry higher extended producer responsibility (EPR) fees compared to nonpigmented versions.

Finally, we encourage producers to monitor California’s publication of draft implementing regulations under the state’s EPR law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), which will likely clarify the definition of food service ware in California. In March 2025, Governor Newsom rejected CalRecycle’s proposed rules and ordered the agency to re-open rulemaking under SB 54, thereby creating substantial uncertainty around the implementation of California’s EPR program and corresponding packaging restrictions including the EPF ban in food service ware.

Extended Producer Responsibility (EPR)

On April 7, 2025, Maryland passed its EPR bill, SB 901; and it is now awaiting the governor’s signature. Maryland would be the sixth state to adopt an EPR program for packaging. California, Colorado, Maine, Minnesota and Oregon are already implementing their EPR laws for packaging, with some reporting and fees due this year.

Food companies that rely on single-use packaging to protect or transport their branded goods in or into Oregon should have submitted calendar year 2024 data by March 31, 2025. However, Circular Action Alliance (CAA) recently announced that it is keeping the reporting portal open through the end of April as a “grace period” for those producers who were unable to meet the March 31 deadline.

Oregon’s scope of covered materials includes nearly all primary, secondary and tertiary packaging (except rigid pallets). Producers must determine the weight of packaging materials sold in or into the state under Oregon’s 60 reporting categories and submit their reports, including a methodology explaining their (1) data sources, (2) assumptions and adjustments, and (3) internal processes and tools, by April 30, 2025.

If a company determines it is a covered producer in Oregon but has yet to register and report with CAA, it needs to follow a four-step process:

1. Register with CAA on the organization’s website, which will alert CAA to your compliance obligations and prompt them to send you a DocuSign link.
2. Execute the Participant Producer Agreement, which is similar to a master service agreement between a producer and CAA.
3. Execute the Oregon Addendum, which obligates the producer to pay the fees CAA assesses under Oregon’s program plan.
4. Report calendar year 2024 packaging data through CAA’s portal.

In addition to Oregon’s reporting deadline of April 30, 2025, producers should be aware of the following upcoming deadlines:

• Minnesota’s July 1, 2025, deadline to register with CAA
• Colorado’s July 31, 2025, deadline to report calendar year 2024 data
• California’s August 31, 2025, deadline to report 2023 data

In Conclusion

Finally, while this alert is tailored to the food industry, please note that many state laws, including Truth in Recycling limitations, PCR requirements, and EPR reporting apply to nearly all producers of packaged goods, even those beyond the consumer packaged good (CPG) sector.

For More Information

Regardless of your industry, for further information you may contact the authors.