California has adopted the nation’s first extended producer responsibility (EPR) law for textile waste, shifting end-of-life management of apparel and certain textile products to producers. While many details will be set through future regulations, the basic framework is now in place and will affect a wide range of companies selling products into California.
The Act requires covered producers to participate in a state-approved Producer Responsibility Organization (PRO), which will establish a statewide system for collecting, reusing, recycling, and managing covered textile products. Responsibility for compliance generally rests with brand owners or manufacturers, but may fall to importers, distributors, or retailers if no upstream entity assumes that role.
Covered products broadly include apparel and textile articles, with some categories and edge cases expected to be clarified through regulations. Producers will be required to report sales data and pay fees to fund the program, with potential fee reductions tied to product design and qualifying reuse or recycling efforts.
Certain small businesses and sellers of exclusively secondhand goods are exempt. Enforcement and fee obligations will phase in over time, but once effective, noncompliance may carry significant penalties and sales restrictions.
Bottom line: The Act represents a significant shift for apparel and textile businesses operating in California. Companies should begin evaluating their potential obligations now as regulatory details continue to develop.
