EPR Impact Analysis

The only way to know for certain if your company’s products are covered by EPR laws is to review every law, rule, and regulation in every jurisdiction where your company could possibly have an obligation to comply. This research (and interpretation) can be done internally, however it is specialized and time-consuming work.  

Some companies have internal general counsel that could research EPR laws; however, many customers of RLG are, in fact, legal teams at major brands that recognize the cost savings and efficient value of outsourcing research into EPR obligations.  

Companies that do not have internal legal counsel might engage a law firm to determine EPR compliance obligations. There are certain drawbacks to this approach. Law firms that specialize in EPR or environmental law may be more costly than alternative methods of determining compliance obligations. Law firms that do not have deep familiarity with EPR laws and the overall EPR landscape may not have the expertise to accurately speak to potential EPR obligations.  

RLG is a trusted EPR compliance service provider with global teams of experts dedicated to specialized, local EPR knowledge, and we offer cost-effective solutions that can help businesses understand whether they must comply with EPR laws.  

Small business are sometimes, but not always, exempt from EPR laws in Canada, the US, and beyond. Because regulations vary from jurisdiction to jurisdiction, each law must be individually analyzed. However, many laws do offer exemptions to businesses that do not meet certain sales, volume, or weight thresholds. Nonprofits and government agencies are often exempt as well.  

Most EPR laws focus on the end-of-life management pertaining to covered materials that are sold/used within the jurisdiction in question. Which entity within a supply chain is responsible to pay fees on those materials varies. Some EPR laws designate covered producers as brand holders, manufacturers, distributors, or retailers – and producers may be deemed obligated to comply with the laws even if the business’s headquarters is located outside of the region where a product is used/sold.  

In some places, EPR laws define obligated producers based on a producer hierarchy. A producer at the top of the hierarchy is the first party to be held responsible for complying with EPR laws. Producers closer to the bottom of the hierarchy will be deemed responsible only if the producers “above” them cannot be held accountable (or identified) in the jurisdiction in question.  

Where your business sits in a producer hierarchy will play a role in determining your EPR compliance obligations in each jurisdiction. 

Your EPR Impact Analysis should answer questions about your company’s obligations under EPR laws – not bring up new ones. A good EPR Impact Analysis will offer clear, decisive answers to the question of whether or not a company is obligated to comply with EPR laws. It’s important to be aware that not all companies that provide EPR assessments are willing to stand behind their own research and recommendations.  

At times, EPR regulations may not be clear regarding producer obligations; in these cases, laws may be open to interpretation. Based on the wording of the law, you’ll need to weigh the options and determine your company’s willingness to defend its decision, if necessary, to comply or not.  

You’ll also want to be certain that the EPR Impact Analysis that you request is tailored to your company’s unique products and position(s) within the producer hierarchy. Some EPR assessments are “blanket” statements as opposed to customized reports that are laser focused on a brand’s role within EPR regulations.  

We recommend that businesses request a sample of an EPR obligation assessment in order to better understand the purchase they may be making.