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reach full circularity for over a year. It is with this background that FPA provides this testimony <br />to improve HB1316, so that it provides the necessary elements for the improvement of collection <br />and infrastructure investment and development of advanced recycling systems to allow for <br />collection and recycling to a broader array of packaging materials, including flexible <br />packaging; and quality sorting and markets for currently difficult-to-recycle materials. <br /> <br />As currently drafted, HB1316 definition of producer is not clear. The PSI/FPA principles <br />suggest the following in order to ensure the responsible party is correctly identified: <br /> <br />Producer means a party that has legal ownership of the brand of a product for <br />sale, use, or distribution in the state, including online retailers who sell into the <br />state, that utilizes plastic packaging. <br />(1) For plastic packaging, producer shall be determined based on the following <br />criteria: <br />(A) A person who <br />that uses plastic packaging <br />(B) If subparagraph (A) does not apply, a person who is not the manufacturer of a <br />owner or licensee of a trademark under which plastic packaging is used in a <br />commercial enterprise, sold, offered for sale or distributed in the state, whether or <br />not the trademark is registered; or <br />(C) If subparagraphs (A) and (B) do not apply, a person who imports the product <br />that uses the plastic packaging into the state for use in a commercial enterprise, <br />sale, offer for sale or distribution in the state. <br /> <br />The primary responsibility for fee collection, remittance, and reporting must be on the consumer <br />packaged goods companies (CPGs), which encompasses food manufacturers and retailers in their <br />role as brand owners. Packaing is not packaging unless and until a product is placed in it. CPGs, <br />and not the producers of the packaging (converters), have the ability to track consumer sales in a <br />given jurisdiction and control how products are packaged. Packaging producers (converters) <br />would have no way to determine where the packaging is sold and even in some cases to what <br />brand packaging producers sell packaging to CPGs, which may then use it for multiple brands <br />within their portfolio and sell throughout the country. Even when packaging is sold directly to a <br /> <br />