Legacy Public Policy

Packaging policy is moving faster than most teams can track

Navigating The Evolving Packaging Landscape

Seven states have enacted packaging Extended Producer Responsibility (EPR) laws and invoices are coming in to producers across the United States.

Oregon has been collecting producer fees since July 2025. Colorado since January 2026. California's registration and baseline reporting deadlines came and went this summer, with the full program and fee collection starting in January 2027. Four more states are currently developing regulations, taking input from all stakeholders.

Meanwhile, EPR is only one issue affecting businesses. Recycled content mandates, recyclability, composting, labeling restrictions, PFAS requirements, and material bans all land on the same packaging teams, usually the same quarter.

I'm Mark Bescher and I run Legacy Public Policy out of Washington, DC. I work with companies, trade associations, and non-profits on these policies. I have been working on packaging policy for years, and I previously represented my company as a founding board of Circular Action Alliance, which means I have seen how these programs get built from the inside, not just how they read in the statute.

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Extended Producer Responsibility

If you make, import, distribute, or sell packaged goods, the questions are the same everywhere:

Am I the "producer" under each state's definition, or is my customer?

Which of my packaging counts as covered material, and does B2B get pulled in?

What are the registration and reporting deadlines, state by state, and which ones have I already missed?

How are fees calculated, and how much will eco-modulation actually move my number?

How do I work with a PRO like Circular Action Alliance, and what do I owe them versus the state?

What source reduction and recycled content targets apply to me, and by when?

Most of these have real answers. A few genuinely do not yet, because the rulemaking is still open, and part of my job is telling you which is which so you are not budgeting off a placeholder.

In my past role, I helped in the development of the first state-approved packaging PRO in the country as a founding board member of Circular Action Alliance, which is now the designated PRO in California, Colorado, Maryland, Minnesota, Oregon, and Washington.

Packaging Policy Engagement

EPR gets the headlines but these are the rules that tend to catch companies off guard:

Recycled content mandates already in force in California, New Jersey, and Washington, each with its own definition of what counts.

Recyclability labeling, including California SB 343 and its limits on chasing arrows, which quietly makes a lot of existing artwork a liability.

Legislation to update Federal guidance on recycling, recycled content, reusability, and compostability claims.

PFAS restrictions and disclosure requirements hitting food packaging and a growing list of other materials, on a state-by-state timeline that does not line up.

Live bills in a dozen states, each of them will matter enormously. Knowing which of those to spend energy on is most of the value.

Why Legacy Public Policy

Inside the PRO. Previously, a Founding board member of Circular Action Alliance, and a seat on its California board. I know how these organizations make decisions.

Twenty years in the arena. Previously Head of US Government Affairs at Mondelez, manager of government relations at Unilever and the National Association of Manufacturers, and board seats at CAA, AMERIPEN and the EPR Leadership Forum.

Technical, not just political. Material types, fee structures, covered product definitions. I can tell you what it does to your SKUs.

Still active. I help clients engage with policy makers and with agency rulemakings right now, not describing them from a distance.

The whole lifecycle. Legislation, rulemaking, and corporate compliance. I have been on all three sides of the table.

What Legacy Public Policy Can Do For You

Policy intelligence. Monitoring and analysis of packaging legislation and regulation across all 50 states, filtered down to what actually affects you.

Legislative engagement. Strategic counsel, testimony, coalition coordination, and direct representation with policy makers.

Regulatory engagement. Drafting comments, participating in proceedings, and shaping implementation at state agencies, EPA, and FTC.

Executive workshops. Packaging policy is genuinely complicated. I build and lead sessions for senior leadership that get everyone to the same understanding.

Compliance strategy. Producer registration, reporting, fee exposure, and material classification across multiple state programs.

Industry engagement. Deep relationships across the packaging associations, so your voice gets amplified rather than duplicated.

Testimonials

Dan Felton, CEO of Flexible Packaging Association

"During my time as Executive Director of AMERIPEN, the only organization exclusively focused on U.S. public policy for the entire packaging industry, I found Mark to be a passionate and trusted leader on our Board of Directors. His deep knowledge and understanding on all things packaging helped drive smart and effective policies with legislators. Mark will be an invaluable resource for anyone seeking to understand the complex environment of ever-changing packaging public policy."

Jeff Fielkow, CEO of Circular Action Alliance

"Mark was a critical partner as a board member in helping establish and expand the Circular Action Alliance, the first Producer Responsibility Organization for paper and packaging in the United States. His experience and deep understanding of packaging and Extended Producer Responsibility from legislation to regulatory developments and implementation make him a valuable, thoughtful, and strategic partner for any organization navigating the evolving packaging landscape."

WHAT'S YOUR LEGACY?