Monitoring PCR Programs
As interest in sustainable packaging manifests in state policy, packaging manufacturers face evolving post-consumer recycled (PCR) content mandates. While current regulations mostly target rigid plastic containers and beverage bottles, 2026 is likely to see an expansion to flexible packaging categories. Current programs that could expand include several initiatives:
California’s Rigid Plastic Packaging Container (RPPC) Law
California pioneered PCR legislation with its RPPC law in 1991, which targets rigid plastic packaging containers and mandates that they meet a 25% PCR rate and be recycled at a 45% rate. The law specifically targets containers made entirely of plastic with relatively inflexible shapes, holding between 8 fluid ounces and 5 gallons, and capable of at least one closure.
Manufacturers selling products in RPPCs in California must meet compliance options outlined in the statute, should they be audited. Additionally, the program lacks proactive registration and certification requirements for producers, and compliance is only checked through random annual audits conducted by the enforcing agency, CalRecycle.
New Jersey’s Recycled Content Law
New Jersey’s comprehensive recycled content legislation became law in January 2022, with requirements taking effect in 2024 and certifications due to the New Jersey Department of Environmental Protection (DEP) in 2025. The law mandates minimum PCR content across multiple packaging categories, with requirements increasing incrementally over time.
Starting in 2024, rigid plastic containers must contain at least 10% PCR content, while plastic beverage containers require 15% PCR content. These percentages increase every three years by 5%, ultimately reaching 50% by 2036 for rigid containers and 2045 for beverage containers.
The law also covers glass containers starting at 35% PCR. The rates for paper carryout bags are 20%–40%, plastic carryout bags are set at 20%, and trash bags have tiered requirements ranging from 5%–20%, based on the thickness of a bag.
Manufacturers can apply for waivers from PCR requirements if they demonstrate an inability to comply through documentation from federal or state agencies or certified third-party experts. Food contact packaging has been exempted for the first five years of the program—ending in 2027.
Washington State’s Post-Consumer Recycled Content (PCRC) Law
Washington’s 2021 PCRC law establishes minimums for various plastic products. Producers must meet PCR content standards, register annually by April 1, and pay fees. The law phases in requirements across product categories.
- Beverage containers and trash bags began compliance in 2023, with beverage containers starting at 15% PCR, increasing to 25% in 2026 and 50% by 2031.
- Trash bags follow a more modest trajectory: 10% in 2023, 15% in 2025, and 20% by 2027—acknowledging technical constraints in this category.
- Household cleaning and personal care products entered compliance in 2025 at 15% PCR, advancing to 25% in 2028 and 50% by 2031.
- Dairy milk containers and small wine bottles (187ml) will begin requirements in 2028 at 15%, similarly progressing to 50% by 2036.
Washington accepts both mechanical and chemical recycling methods, but it explicitly excludes bio-resin from counting toward PCRC requirements.
Producers may request exclusions for federally regulated products where regulations prevent PCR inclusion. The state Department of Ecology may also adjust PCRC minimums annually based on market conditions, supply availability, infrastructure limitations, or technical barriers.
Trends for 2026 and Beyond
These three state programs demonstrate momentum toward mandatory recycled content. Efforts are underway by the Association of Plastic Recyclers (APR) to expand current programs in California and Washington and consider new programs elsewhere.
Specifically, in California we could see a push for changes to the RPPC law that would expand product categories to include flexible film plastics that could include 30% targets by 2029, along with a new registration fee by 2027 for CalRecycle to administer the updated program.
In Washington, we could see changes to the state’s PCRC law through expanded product categories and new recycling rates and penalties. For single-use polypropylene cups, we could see targets reaching 25% by 2034, and targets of 30% by 2036 for polyethylene terephthalate (PETE) and polystyrene cups based on previous legislation.
Gregory Melkonian is a regulatory and government affairs analyst for Serlin Haley, based in Washington, D.C. Andy Hackman is principal lobbyist with the firm.
