
The Break Free From Plastic Pollution Act of 2021, sponsored by Senator Jeff Merkley and Representative Alan Lowenthal, aims to reduce throwaway plastics, enact producer responsibility, combat false solutions such as incineration, and pause new or expanded plastic production. This act is part of a broader set of policies and government actions to address the plastic pollution crisis. At the state level, legislators from nine states, including California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont, and Washington, have announced a coordinated effort to hold plastic packaging producers responsible through Extended Producer Responsibility (EPR) bills. These bills aim to increase recycling rates, reduce packaging volume, and divert single-use plastics from landfills. Additionally, states like Hawaii and Maine have introduced legislation to establish extended producer responsibility programs for packaging waste. The Break Free From Plastic Pollution Act of 2023, introduced by Senator Merkley and other senators, further emphasizes reducing the production and use of certain single-use plastic products and improving producer responsibility in their design, collection, reuse, recycling, and disposal.
| Characteristics | Values |
|---|---|
| Year | 2021, 2023 |
| Legislators | Jeff Merkley, Alan Lowenthal, Brooke Lierman, Nicole Lowen, Jeff Mauk, Nicole Grohoski, Angelo J. Puppolo Jr. |
| State | California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont, Washington, Maine, Illinois, Kentucky |
| Legislation | Break Free From Plastic Pollution Act, EPR for Packaging Network, Rhode Island Senate Passes Plastic Waste Reduction Act, Maryland Pursues Truth in Labeling Bill, Washington Advances Comprehensive Waste Reduction Bill |
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What You'll Learn

The Break Free From Plastic Pollution Act of 2021/2023
The Break Free From Plastic Pollution Act of 2021 (BFFPPA) is a federal bill sponsored by Sen. Jeff Merkley (OR) and Rep. Alan Lowenthal (CA). It is a comprehensive set of policies aimed at tackling the plastic pollution crisis. The act builds on successful statewide laws and provides practical strategies for plastic reduction to create a healthier, more sustainable, and equitable future.
The Break Free From Plastic Pollution Act addresses the damage caused by plastic at every stage of its lifecycle. It recognizes the disproportionate impact of plastic production on communities of color, low-income communities, and Indigenous communities through air, water, and soil pollution. The act also acknowledges the irreparable harm caused by toxic chemicals in plastic packaging to the environment, wildlife, and human health.
The act includes provisions to reduce the production and use of certain single-use plastic products and packaging. It improves the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products. The act aims to prevent pollution from consumer products and packaging from entering animal and human food chains and waterways. It also addresses the environmental impacts of single-use tobacco filter products and electronic cigarettes.
The Break Free From Plastic Pollution Act of 2023, also known as S.3127, continues the efforts to address plastic pollution. Introduced by Mr. Merkley and co-sponsored by several senators, it aims to amend the Solid Waste Disposal Act to reduce single-use plastic products and improve producer responsibility. It includes extended responsibility for beverage containers and packaging, environmental justice protections, microplastics research, and directives to reduce single-use plastics in agriculture.
Overall, the Break Free From Plastic Pollution Act represents a significant step towards addressing the plastic pollution crisis and protecting people and the planet. It encourages state lawmakers to introduce and enact legislation to tackle plastic pollution and packaging waste at the state level.
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Extended Producer Responsibility (EPR)
The Break Free From Plastic Pollution Act, introduced in Congress in 2021 and 2023, is a federal bill that aims to reduce the use of single-use plastics, improve producer responsibility, and combat false solutions such as incineration. It also includes provisions to reduce the production of plastics and increase recycling and composting efforts. The bill sets minimum percentages of products that must be reused, recycled, or composted and encourages the reduction of single-use products through refund programs and taxes. It also establishes a temporary moratorium on new or expanded permits for plastic-manufacturing facilities until regulations are updated to address pollution.
At the state level, legislators are introducing EPR bills or working towards long-term plans to hold producers responsible for the end-of-life management of plastic packaging. For example, Hawaii's HB 2399 establishes an extended producer responsibility program for packaging waste, building on its existing electronic-waste program. Maine and Oregon were the first two states to pass EPR bills, and their work has inspired other states to consider similar legislation.
EPR packaging policies can also address the use of hazardous substances in packaging products. By including recycled content provisions, EPR policies can force manufacturers to eliminate harmful substances such as phthalates, BPAs, and carcinogens. This ensures that these substances are not recycled back into products, protecting human health and the environment.
Through their efforts to implement EPR policies, legislators are taking action to reduce plastic pollution, move towards a circular economy, and address the environmental and health impacts of plastic production and waste.
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Plastic waste reduction
Plastic waste is a pressing global issue that has reached every part of the planet, from the Arctic to the Mariana Trench. It is estimated that nearly 9 million tonnes of plastic waste end up in the oceans each year, with the United States being the largest generator of plastic waste in the world. The plastic crisis is particularly harmful to marine life, frontline and fenceline communities, and communities of colour, low-income communities, and Indigenous communities.
To address this crisis, legislators at both the state and federal levels have introduced various policies and bills aimed at reducing plastic waste and promoting sustainable practices. At the federal level, the Break Free From Plastic Pollution Act of 2021 (BFFPPA) was introduced in Congress by Senator Jeff Merkley and Representative Alan Lowenthal. This act aims to reduce throwaway plastics, enact producer responsibility, and combat false solutions such as incineration. It also includes a moratorium on new or expanded permits for plastic-manufacturing facilities until regulations address pollution from these sites. The BFFPPA builds on successful statewide laws and outlines practical plastic reduction strategies for a healthier and more sustainable future.
In addition to the BFFPPA, individual states have also taken initiatives to combat plastic waste. For instance, legislators from nine states, including California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont, and Washington, have announced a coordinated effort to hold producers responsible for the end-of-life management of plastic packaging. This involves introducing Extended Producer Responsibility (EPR) bills, which aim to increase recycling rates, reduce packaging volume, and divert single-use plastics from landfills and incineration.
Furthermore, states like Hawaii and Maine have established EPR programs for packaging waste, with Maine's legislation focusing on financial responsibility for producers managing their waste. Other states, such as Rhode Island, have passed the Plastic Waste Reduction Act, while Maryland has pursued a Truth in Labeling Bill. These state-level efforts are crucial in addressing plastic waste and strengthening recycling processes.
Overall, the fight against plastic waste reduction is a collaborative effort involving legislators at both the federal and state levels. By introducing comprehensive policies and bills, such as the BFFPPA and EPR legislation, there is a united push towards reducing plastic pollution, improving recycling infrastructure, and protecting the environment and public health.
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Plastic packaging and hazardous substances
Plastic packaging is made of multiple polymers and numerous additives, along with other components, such as adhesives or coatings. Packaging can contain residues from substances used during manufacturing, such as solvents, along with non-intentionally added substances (NIAS), such as impurities, oligomers, or degradation products.
The Chemicals associated with Plastic Packaging database (CPPdb) lists 906 chemicals likely to be associated with plastic packaging and 3377 substances that are possibly associated. Of the 906 chemicals, 63 rank highest for human health hazards and 68 for environmental hazards. 7 of the 906 substances are classified in the European Union as persistent, bioaccumulative, and toxic (PBT), or very persistent, very bioaccumulative (vPvB), and 15 as endocrine-disrupting chemicals (EDC). 34 of the chemicals are also recognized as EDC or potential EDC in a report by the United Nations Environment Programme.
Other sources have identified over 4000 chemicals that are potentially present in plastic packaging or used during its manufacture, with at least 148 of these chemicals identified as hazardous to human health and/or the environment. Hazardous chemicals identified are used as the main ingredient (monomer) to produce plastic packaging and are also used for functions such as biocides to prevent moulds, flame retardants to increase fire resistance, plasticizers to increase flexibility, dyes, adhesives, and others.
Phthalates, bisphenols, and PFAS are groups of chemicals that are hazardous to human health. Four phthalates are currently being restricted by the EU due to health concerns, and CHEM Trust and the European Environmental Bureau have called for this restriction to extend to food contact materials. PFAS chemicals are extremely persistent in the environment and can accumulate in the food chain. Bisphenols, such as BPA, bisphenol S, and bisphenol F, are used in the manufacture of clear polycarbonate plastic, as additives in rigid plastics, and in the manufacture of other plastic products.
In the United States, state legislators from nine states, including California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont, and Washington, have announced a coordinated effort to hold producers responsible for the end-of-life management of plastic packaging. These legislators are introducing extended producer responsibility (EPR) bills or legislation as part of a long-term plan. EPR policies aim to increase recycling, reduce the current volume of packaging, and help divert single-use plastics from landfills, ocean dumping, and incineration. The Break Free From Plastic Pollution Act of 2023 also aims to reduce the production and use of certain single-use plastic products and packaging and improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of consumer products and packaging.
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Plastic's impact on communities of colour and low-income communities
While the impact of plastic pollution is felt across the globe, vulnerable and marginalized communities, including communities of colour and low-income communities, are disproportionately affected by the environmental degradation it causes. The production, consumption, and disposal of plastic are all linked to environmental injustices that disproportionately impact these communities.
The process of extracting raw materials, such as ethane from natural gas, often involves fracking, which has been associated with the displacement of Indigenous Peoples and the contamination of potable water sources in countries like the United States and Sudan. Additionally, the wastewater disposal resulting from fracking tends to occur near minority and low-income communities. Communities of colour, specifically African American communities living near oil refineries in the Gulf of Mexico, have experienced health problems due to the environmental injustices caused by plastic production.
The issue of plastic pollution extends beyond the extraction phase, as vulnerable communities also bear the brunt of its impact on marine life and human health. Plastic waste endangers the livelihoods of those who depend on marine resources for their work and can lead to health issues for those consuming seafood infested with toxic micro and nano plastics. Furthermore, the incineration of plastic waste releases toxins, posing risks to public health, especially in low-income communities with higher mortality rates from respiratory diseases.
To address these injustices, legislators across multiple states in the United States have coordinated efforts to hold producers responsible for the end-of-life management of plastic packaging. States like California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont, and Washington have introduced or are considering Extended Producer Responsibility (EPR) bills. EPR policies aim to increase recycling rates, reduce packaging volume, and divert single-use plastics from landfills, ocean dumping, and incineration. By shifting the economic burden of plastic waste management back to producers, these policies can help alleviate the environmental and health impacts on marginalized communities.
Legislators are also addressing the hazardous substances present in packaging products, which are harmful to human health. By including recycled content provisions in EPR packaging policies, manufacturers can be required to eliminate harmful substances such as phthalates, BPAs, and carcinogens. This ensures that these substances are not recycled back into products, reducing potential health risks for vulnerable communities.
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Frequently asked questions
The Break Free From Plastic Pollution Act is a bill that aims to reduce the production and use of certain single-use plastic products and packaging. It was introduced in 2021 by Sen. Merkley and Rep. Lowenthal and builds on successful statewide laws across the U.S.
The Act makes producers of certain products (e.g. packaging, single-use products, beverage containers) fiscally responsible for collecting, managing, and recycling or composting the products after consumer use. It also establishes minimum percentages of products that must be reused, recycled, or composted, and sets provisions to encourage the reduction of single-use products.
Many states across the U.S. are taking action to hold plastic producers responsible, including California, Colorado, Hawaii, Maryland, New Hampshire, New York, Oregon, Vermont, and Washington. These states are introducing extended producer responsibility (EPR) bills or legislation to address the environmental and health impacts of plastic production and waste.
Extended Producer Responsibility is a strategy that aims to incorporate all of the environmental costs associated with a product throughout its life cycle. EPR policies can increase recycling rates, reduce the volume of packaging, and divert single-use plastics from landfills, ocean dumping, and incineration. EPR legislation shifts the economic burden of plastic waste from consumers back to the producers.



























