US packaging EPR for supplement brands: start with California SB 54's producer and scope tests
Decide whether you are the producer and whether each pack is covered material, then hold component data by SKU.
In Short
- Producer test is brand-led.
- Supplements are not excluded as a class.
- 2032: recyclable or compostable.
Several US states have extended producer responsibility laws for packaging. This guide covers only California's SB 54, using Public Resources Code sections 42041 (definitions), 42050 (targets), 42057 (source reduction) and 42060 (regulations) as published on the California Legislative Information site. CalRecycle's regulations, producer responsibility organisation plans and other states' laws (including Oregon, Colorado, Maine, Minnesota and Washington) were not reviewed, so check each state separately. It is orientation, not legal advice. Sources checked 5 Oct 2026.
Why start with California
California's SB 54 sets statutory targets for packaging sold into the state and requires CalRecycle to adopt implementing regulations, including a mandatory process for producers, or a producer responsibility organisation acting for them, to register and report (section 42060). Other states' laws differ in scope, dates and fees and were not reviewed here.
More on why start with California
Start by deciding, state by state, whether you are a producer and whether your packaging is in scope, and record who made each decision and on what text.
Are you the producer?
Section 42041 defines the producer as the person who manufactures a product that uses covered material and owns or licenses the brand under which it is sold, offered for sale or distributed in California. If no such person is in the state, the producer is the brand owner or, if the owner is not in the state, the exclusive licensee.
Who is the producer? (invented brands)
- Section 42041 first test.
More on are you the producer?
If neither is in the state, it is the person who sells, offers for sale or distributes the product in or into California. Private-label arrangements need this worked through explicitly.
Is your packaging covered material?
Covered material includes single-use packaging routinely recycled, disposed of or discarded after its contents are used, and plastic single-use food service ware. Section 42041 excludes packaging for some products, including medical food as defined in 21 U.S.C.
More on is your packaging covered material?
360ee(b)(3), infant formula, and fortified oral nutritional supplements used for people who need supplemental or sole-source nutrition because of specified conditions. The text read does not exclude dietary supplements as a class, so most supplement packaging needs a careful check against these narrow exclusions.
The Targets
Section 42050 requires producers to ensure that all covered material sold into California on or after 1 January 2032 is recyclable in the state or eligible to be labelled compostable, and that plastic covered material reaches recycling rates of at least 30% from 2028, 40% from 2030 and 65% from 2032. Section 42057 requires the producer responsibility organisation's plan to achieve a 25% source reduction for plastic covered material by 2032, by weight and by plastic component, with at least 10% through reuse, refill or eliminating plastic components.
SB 54 Statutory Targets
- 1 Jan 2028Plastic covered material: at least 30% recycling rate
- 1 Jan 2030At least 40%
- 1 Jan 203265%; all covered material recyclable or compostable; 25% plastic source reduction
Packaging data you will need
Registration, reporting and design decisions all depend on packaging data by SKU: each component, its material and weight, whether it is plastic, and units sold into California. Keep that data with the packaging specification revision it describes, so a change of bottle, closure or label material updates the record.
Worked Example: Packaging Data for SKU VS-120
| Component | Material, weight | Plastic? |
|---|---|---|
| Bottle | HDPE, 21 g | Yes |
| Closure with liner | PP and foil, 3 g | Yes |
| Shrink label | PETG, 1.2 g | Yes |
| Carton | Paperboard, 18 g | No |
- Bottle
- Material, weight
- HDPE, 21 g
- Plastic?
- Yes
- Closure with liner
- Material, weight
- PP and foil, 3 g
- Plastic?
- Yes
- Shrink label
- Material, weight
- PETG, 1.2 g
- Plastic?
- Yes
- Carton
- Material, weight
- Paperboard, 18 g
- Plastic?
- No
More on packaging data you will need
Contract manufacturers and brand owners should agree who holds which data. Your packaging and regulatory teams decide classifications and what is reported.
Questions
Is dietary supplement packaging excluded from SB 54?
Not as a class in the section 42041 text read. Exclusions cover narrower categories, such as medical food, infant formula and certain fortified oral nutritional supplements for specified conditions.
Who is the producer for a private-label supplement?
Section 42041 looks first to the manufacturer that owns or licenses the brand, then to the brand owner or exclusive licensee, then to the seller or distributor into California.
What are the SB 54 recycling rates for plastic packaging?
Section 42050 sets at least 30% from 1 January 2028, 40% from 2030 and 65% from 2032 for plastic covered material sold into California.
Does V5 register or report under packaging EPR laws?
No. V5 keeps packaging specifications, SKU components and inventory by lot. Your team decides classifications and files any registration or report.
Practical orientation, not legal advice. Rules differ by jurisdiction; your quality and compliance team decides what applies.
Keep reading
EU PPWR & EPR Readiness for Supplement Packaging Design
CBD in Dietary Supplements: The Federal Drug Exclusion and Hemp Definition
EU Packaging and Packaging Waste Regulation (PPWR) 2025/40 Readiness
Dietary Supplement Packaging and Label Control: Subpart L Guide
UK Packaging EPR and Plastic Packaging Tax: Readiness Guide
21 CFR 111 Readiness: Identity, Master and Batch Records