Regulatory Compliance Briefing

EPR AND FLORAL PACKAGING: WHAT GROWERS, IMPORTERS, AND RETAILERS NEED TO KNOW

Executive Summary

Extended Producer Responsibility (EPR) programs shift the financial and operational responsibility for end-of-life packaging toward companies defined as “producers”—which may include floral brand owners, growers, importers of record, or distributors depending on the state. With seven states enforcing distinct frameworks, EPR is now a core compliance, cost, and supply-chain planning priority for floral businesses.

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COVERED STATES
7 Active Laws
CA, CO, OR, MN, ME, MD, WA

DOMESTIC GROWERS
3 States Exempt
Specific on-farm/nursery rules

IMPORTED FLOWERS
High Exposure
Cascades to U.S. Importer

PACKAGING AUDIT
24 Materials
Consumer vs. B2B splits

WHY IS EPR COMPLIANCE UNIQUELY COMPLEX FOR FLORAL BUSINESSES?

Key Takeaway

For floral businesses, determining who is responsible is not always straightforward. A grower may receive an agricultural or nursery exclusion in one state but not another, an out-of-state shipper selling into a regulated state can still trigger obligations, and U.S. importers often inherit producer liability for foreign-grown flowers.

Shifting Producer Definitions Across Borders

A grower may receive an agricultural or nursery-related exclusion in one state but not another. Meanwhile, an out-of-state company selling packaged floral products into a state may still have producer responsibilities regardless of where the flowers were grown.

For imported flowers and plants, the U.S. importer may become the responsible producer when there is no other qualifying U.S. entity upstream.

Material Diversity & Multi-State Planning

Floral products move through the supply chain using an array of materials, and state programs treat packaging categories differently. For example, consumer-facing sleeves, wraps, pots, and boxes are generally within Minnesota’s scope unless an exemption applies.

Because California, Oregon, Colorado, Maine, Minnesota, Washington, and Maryland take different approaches, multi-state floral companies must build EPR directly into packaging and compliance planning.

State-by-state Statutory Compaison

HOW DO THE 7 STATE EPR LAWS COMPARE FOR GROWERS VS. IMPORTER?

Key Takeaway

California, Colorado, Oregon, and Washington offer partial or favorable exemptions for qualifying in-state agricultural or nursery growers, whereas Minnesota and Maryland provide no broad floriculture exemption and Maine excludes flowers from its 15-ton perishable food exemption. Across all seven states, out-of-state shippers and U.S. floral importers face direct producer obligations when no upstream U.S. brand owner is responsible.

State & Statute

Grower Located in the State

Flowers/Plants Shipped in from Another U.S. State

Flowers/Plants Imported from Overseas

California

CalRecycle Source ↗

Favorable / Partial Exclusion

Potentially strong protection for qualifying growers that produce/harvest and package agricultural commodities where they are grown. Consumer packaging outside that fact pattern can still be covered.

Fact-Specific Exposure

The agricultural grower exclusion should not be assumed merely because the product is agricultural. A U.S. brand owner/marketer selling packaged floral products into California may be the producer.

Significant Importer Exposure

Importer exposure can be significant. If the foreign grower/brand has no qualifying U.S. producer, the U.S. importer/brand entity may become responsible for covered packaging.

Colorado

HB22-1355 Text ↗

Favorable Ag De Minimis

Favorable to qualifying agricultural producers, including a specific agricultural de minimis provision; small qualifying growers can fall outside the program.

In Scope

An out-of-state grower or brand owner selling packaged flowers into Colorado can still be a producer; geographic location outside Colorado does not itself avoid EPR.

Importer Obligated

If no U.S. manufacturer/brand owner is responsible, the entity importing the product into the U.S. for commercial sale/distribution in Colorado can become the producer.

Oregon

OR DEQ Exemptions ↗

Farm & Nursery Exclusions

Particularly favorable for certain farm and nursery uses, in addition to the general small-producer exemption. Packaging used/sold on a farm and certain licensed-nursery uses can qualify for exclusions.

End-Use Dependent

Out-of-state growers selling into Oregon do not automatically receive an exemption just because they are agricultural. The precise farm/nursery exemption and end use matter.

Importer / Brand Obligated

Importer/brand entities can bear producer responsibility where the foreign supplier is not the obligated U.S. entity. Product-specific exemptions can still reduce the volume subject to fees.

Minnesota

MN PCA Guidance ↗

No Floriculture Exemption

No broad floriculture exemption. Consumer-facing packaging such as sleeves, wraps, pots, and boxes is generally within scope unless an exemption applies.

Clearly In Scope

Clearly in scope potentially. Covered materials include packaging sold, distributed, or used to ship a product within or into Minnesota.

Importer of Record

The importer can be the producer when there is no responsible U.S. manufacturer, licensee, or brand owner.

Maine

38 M.R.S. § 2146 ↗

Small Producer Only

General small-producer exemptions apply, but flowers do not receive the special 15-ton perishable-food exemption available to fresh fruits and vegetables.

In Scope

Packaged floral products sold into Maine can create producer obligations even when grown elsewhere.

Importer of Record

Where no upstream responsible entity has a U.S. presence, Maine can make the importer of record into the U.S. the producer if it sells, offers, or distributes the product into Maine.

Maryland

MD Code § 9-2501 ↗

No Floral Exemption

No broad floral-grower exemption apparent; ordinary consumer floral packaging is potentially covered.

Primary / Secondary / Tertiary

Out-of-state origin does not exempt products sold into Maryland. Primary, secondary, and tertiary packaging intended for the consumer market can be covered.

Importer → First Distributor

Maryland can shift responsibility to the U.S. importer where the manufacturer/licensee/brand-owner hierarchy does not produce a responsible U.S. entity, and then to the first distributor if necessary.

Washington

WA Ecology Act ↗

Ag De Minimis + Consumer Focus

Potentially favorable for smaller growers because of the agricultural de minimis provision. The system also focuses on residential/consumer packaging, reducing exposure for many B2B floral materials.

Consumer Packaging Covered

A grower or brand owner in another state selling packaged flowers to Washington consumers can still be the producer. Out-of-state production does not itself avoid the law.

Explicit Importer Liability

Importer exposure is explicit. If the producer/brand owner does not take responsibility, the importer or first distributor can become obligated for floral products delivered into Washington.

Note: This is a high-level comparison of EPR exposure. Actual obligations depend on each state’s producer hierarchy, de minimis thresholds, agricultural/nursery exclusions, packaging type, branding, and whether packaging is consumer-facing or B2B/transport packaging.

Real-World Floral Scenarios

WHO IS THE OBLIGATED PRODUCER IN FLORAL SUPPLY CHAINS? (3 CASE STUDIES)

Key Takeaway

State EPR laws determine liability using a statutory Producer Hierarchy: Manufacturer → Licensee → Brand Owner → U.S. Importer of Record → First Distributor. Consequently, two identical retail bouquets sitting side-by-side in a grocery floral department can have completely different EPR compliance outcomes depending on where they were grown and who imported or branded them.

Case Study 1 • Interstate Domestic Shipping

Scenario: Suppose a Florida grower packages bouquets in plastic sleeves and corrugated cartons and sells them to Minnesota retailers.

How Minnesota’s Law Applies: Minnesota’s law applies to packaging sold, distributed, or used to ship products within or into Minnesota. It covers materials used to transport, market, protect, or handle a product.

Producer Hierarchy & B2B Exemption: For consumer packaging, the producer hierarchy determines which company is responsible—commonly the manufacturer/brand owner, then potentially the importer or first distributor depending on the facts. Minnesota expressly identifies brand owners, manufacturers, and importers as the principal producer categories. However, there is an important B2B exemption for packaging containing products distributed to a commercial or business entity for the production of another product, under statutory conditions.

Case Study 2 • International Floral Imports

Why This Matters for IFPA Floral Members: Consider the typical international floral supply chain:
Colombian Grower → U.S. Importer → Distributor → Grocery Chain → Consumer

The Colombian farm ordinarily is not going to be the practical regulated entity under a state EPR system. Instead, state statutes work down a hierarchy until they find a responsible U.S. entity:

Statutory Producer Hierarchy (Maryland, Minnesota, Maine & Washington)

1. Manufacturer → 2. Licensee → 3. Brand Owner → 4. U.S. Importer of Record → 5. First Distributor

Maryland: Steps down from manufacturer → licensee → brand owner → U.S. importer → first distributor.
Minnesota: Uses the same basic approach and specifically identifies the importer of record where upstream entities lack a U.S. presence.
Maine: Assigns responsibility to the importer of record where there is no applicable manufacturer, licensee, or brand owner with a U.S. presence.
Washington: Identifies the manufacturer, brand licensee, brand owner, importer of record, or distributor.

Bottom Line for Importers: For imported floral products, the U.S. importer is one of the entities that most needs to pay attention to EPR.

Case Study 3 • Side-by-Side Retail Comparison

Both bouquets below contain roughly the exact same physical materials: plastic sleeve, paper wrap, label, rubber band, and corrugated transport packaging. Yet their EPR compliance outcome can be very different:

Bouquet A: Local Farm Grower

Grown and packaged by a small local grower.

EPR Outcome: May qualify for a state agricultural exclusion, on-farm exemption, or small-producer de minimis threshold (such as in CA, CO, OR, or WA).

Bouquet B: Imported & Branded

Roses grown in Ecuador, imported by a large U.S. importer, assembled at a distribution facility, and sold under a national brand.

EPR Outcome: The U.S. importer or national brand owner is a fully obligated producer required to report material weights and pay PRO fees.

Material-by-Material Breakdown

WHAT PACKAGING COULD A FLORAL IMPORTER OR GROWER ACTUALLY BE PAYING FOR?

Key Takeaway

Not all floral packaging receives the same treatment under state EPR laws. The biggest dividing line is consumer/residential packaging (retail sleeves, pots, decorative wraps, labels) versus commercial/B2B/transport packaging (corrugated master cartons, liners, straps, and pallet stretch wrap).

WASHINGTON
Particularly clear that the program covers packaging and paper products sold to consumers for noncommercial use, reducing exposure for B2B floral transport materials.

OREGON
Takes a broader approach, though DEQ recognizes pathways for privately recycled materials and reports exemption volumes for tertiary corrugated cardboard and non-consumer pallet wrap.

MINNESOTA
Defines covered packaging broadly across materials used to transport, market, protect, or handle products, but includes a narrower B2B exemption under specific statutory conditions.

24 Floral Packaging Components Across the Supply Chain (Port Entry → Repack → Retail → E-Commerce)

Consider a Colombian roe shipment entering a U.S. port and moving through distribution, retail, or direct-to-consumer fullfillment.

1. Port Entry & Bulk Transport

Plastic flower sleeves
Rubber bands / ties
Paper wraps
Labels / tags
Plastic bunch wrap
Corrugated flower boxes
Plastic liners
Protective plastic sheets
Straps
Pallet / stretch wrap

2. Distribution & Bouquet Repack

New bouquet sleeves
Paper wrap
Labels / care cards
Plastic or paperboard bouquet carriers

3. Retail Consumer Merchandising

Retail sleeve
Pot or container
Decorative wrap
Carrying bag

4. E-Commerce Direct to Consumer

Shipping carton
Cushioning
Insulation
Liner
Gel-pack-associated packaging
Tape & other shipping packaging

Compliance & Industry Engagement

WHAT CAN FLORAL BUSINESSES DO NOW TO PREPARE FOR EPR?

Bottom Line

EPR is not simply a packaging sustainability issue—for floral businesses, it is a compliance, cost, and supply-chain planning consideration. Start by mapping your state-by-state packaging footprint and join IFPA’s EPR Share Group to compare compliance approaches and explore upcoming floral packaging grant opportunities.

Audit Your Packaging Footprint

Document where your products are sold, which entity owns or imports the product, what packaging accompanies it, and how much of each material enters each state. From there, evaluate applicable state requirements and exemptions.

Align with Practical Policy Advocacy

IFPA supports practical environmental policies that advance recycling, composting, and circularity while providing predictable requirements and recognizing the operational role packaging plays throughout fresh produce and floral supply chains.

Join the EPR Share Group & Grants

IFPA’s EPR Share Group gives members a place to compare compliance questions and approaches. An upcoming grant opportunity for packaging companies could also help develop packaging options that better serve floral businesses.

Have questions about EPR or the EPR Share Group?

Contact Max Teplitski at mteplitski@freshproduce.com to share industry input.

Max Teplitski

EMAIL MAX TEPLITSKI

Want to learn more about the floral packaging grant opportunity?

Contact Alison Saltzmann at asaltzmann@freshproduce.com for information about participation.

Alison Saltzmann

EMAIL ALISON SALTZMANN

EPR AND FLORAL PACKAGING: WHAT GROWERS, IMPORTERS, AND RETAILERS NEED TO KNOW

WHY IS EPR COMPLIANCE UNIQUELY COMPLEX FOR FLORAL BUSINESSES?

Shifting Producer Definitions Across Borders

Material Diversity & Multi-State Planning

HOW DO THE 7 STATE EPR LAWS COMPARE FOR GROWERS VS. IMPORTER?

WHO IS THE OBLIGATED PRODUCER IN FLORAL SUPPLY CHAINS? (3 CASE STUDIES)

What happens when a Florida grower ships packaged bouquets to Minnesota retailers?

Who pays EPR fees when Colombian roses are imported into the United States?

Why do two identical bouquets on the same retail shelf have different EPR outcomes?

WHAT PACKAGING COULD A FLORAL IMPORTER OR GROWER ACTUALLY BE PAYING FOR?

24 Floral Packaging Components Across the Supply Chain (Port Entry → Repack → Retail → E-Commerce)

WHAT CAN FLORAL BUSINESSES DO NOW TO PREPARE FOR EPR?

Audit Your Packaging Footprint

Align with Practical Policy Advocacy

Join the EPR Share Group & Grants

Have questions about EPR or the EPR Share Group?

Want to learn more about the floral packaging grant opportunity?