[co-author: Stephanie Kozol]*

The U.S. General Service Administration (GSA) proposed an amendment to the General Services Acquisition Regulation (GSAR) aimed at reducing single-use plastic packaging. Specifically, the proposed amendment allows suppliers to voluntarily supply the government with “single use plastic free” (SUP-free) packaging and, in return, the suppliers will be eligible for a SUP-free filter icon on the GSA website that allows purchasers within the government to easily identify SUP-free products. Eleven attorneys general (AGs) from Massachusetts, California, Illinois, Connecticut, Maryland, Delaware, Minnesota, Oregon, Washington, Vermont, and Washington, D.C. signed a letter in support of the new rule. They identified some proposed modifications, arguing that the GSA’s proposed amendment does not go far enough to combat what the AGs deem to be a “plastic waste crisis.”

The GSA believes that the amendment to the rule will incentivize suppliers to craft sustainable alternatives to single-use plastic packaging. In the letter, the AGs suggest that the GSA should expand the rule to address all single-use plastic products the federal government procures — not just plastic packaging. Furthermore, the AGs recommend that the GSA require federal agencies to publicly report their consumption of single-use plastic and nonrecyclable paper products in an effort to increase transparency. The AGs who signed the letter advocate for a new rule that will transition federal procurement away from single-use plastics entirely.

Why It Matters

The federal government is the world’s largest consumer of goods and services. Thus, when the federal government changes its purchasing preferences, the effects can have a significant impact on industry participants and downstream commerce. The AGs suggest that states may be interested in creating similar policies within their states in the future. Federal and state government contractors and lower-tier market participants must remain vigilant of changing requirements to anticipate and be prepared to implement changes in manufacturing and modifications to the supply chain. Significant changes, such as those proposed by the AGs, can create opportunities for companies that quickly adapt and may be costly for companies that fail to do so.

*Senior Government Relations Manager