On Thursday, August 27, the federal district Court of Oregon issued a decision to uphold the constitutionality of Oregon’s Recycling Modernization Act (RMA).  The Court decided that: “For the reasons stated in these Findings of Fact and Conclusions of Law, after a five-day court-trial, the Court concludes that Oregon’s Plastic Pollution and Recycling Modernization Act does not violate either the dormant Commerce Clause or the Due Process Clause of the United States Constitution.”

Key concerns regarding the RMA include limited transparency, complex compliance requirements, regulatory overlap across jurisdictions, and high costs for businesses and consumers.

Alan Prouty, Executive Director of Food Northwest, stated that “This decision is disappointing.  Companies shouldn't be penalized for using packaging that is necessary to keep consumers safe, especially when these additional requirements or programs adversely impact food costs.”  Companies producing food products in Oregon have paid millions in fees to comply with the Oregon Recycling Modernization Act.  Prouty further stated that “it is not clear what environmental benefit has come from these millions of dollars paid to comply with this law; what is clear though is that these fees raise the costs of food production in Oregon and ultimately what consumers in Oregon pay for food.”

Food Northwest remains committed to supporting a recycling system that addresses key challenges and enables Northwest food producers to deliver safe, nutritious food to consumers in Oregon and globally.

Food Northwest is an 112-year-old regional trade association representing food manufacturers in Oregon, Washington, and Idaho. The association advocates for the food processing industry on legislative and regulatory issues, and membership includes a diverse range of food and beverage processors, suppliers, and service providers, making it one of the largest food industry organizations in the Pacific Northwest.

View the full court decision here.

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