An Overview of Extended Producer Responsibility for Plastic Waste Management

By Vikrant Rana and Shantam Sharma

Introduction

India generates an estimated 25,000 to 30,000 tonnes of plastic waste every day, of which a substantial share, approximately 10,556 tonnes daily, remains uncollected and enters landfills or the open environment. To address this, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) has notified a national Extended Producer Responsibility (“EPR”) framework for plastic packaging under the Plastic Waste Management Rules, 2016, as amended from time to time[1].

For businesses, this is not a voluntary sustainability initiative. EPR registration, target compliance, and annual reporting are binding legal obligations, enforced through a mandatory CPCB-administered online portal and backed by financial penalties for shortfall[2]. This alert sets out who must register, how the registration and compliance process works, and the practical steps in-house counsel and business owners should be taking now.

The Regulatory Framework

Under the EPR framework, producers, importers and brand owners (“PIBOs”) are made responsible for the collection and recycling of the plastic packaging they place in the Indian market, extending accountability beyond the point of sale[3]. The MoEFCC guidelines operationalise this through three compliance models, calibrated to business scale[4]:

The framework permits the sale and purchase of surplus EPR certificates, and allows businesses to carry forward or offset shortfalls against prior-year obligations, in effect creating a tradable compliance-instrument market that in-house teams should be tracking as part of annual budgeting[5]. Non-compliance attracts Environmental Compensation, levied on the Polluter Pays Principle, at rates prescribed by the Central Pollution Control Board (“CPCB”)[6] Separately, since January 2025, any failure to comply with, or contravention of, the Rules is independently punishable under section 15 of the Environment (Protection) Act, 1986.[7]

PIBOs are also subject to category-wise targets for recycling, for the reuse of rigid packaging, and for the mandatory use of recycled plastic content, in addition to the collection obligation described above[8].

Recycled content targets by packaging category[9]:

*Limited to the weight of the plastic layers present.

Reuse targets for rigid Category I packaging, Brand Owners [10]:

Where recycled content or reuse cannot be achieved because of a conflicting statutory requirement, for example food-contact rules of the Food Safety and Standards Authority of India, an exemption may be claimed, but any shortfall must otherwise be met by purchasing equivalent certificates from other PIBOs that have exceeded their own obligations[11].

Who Must Register

Registration obligations fall on any Producer, Importer or Brand Owner (“PIBO”) placing plastic packaging, or goods in plastic packaging, in the Indian market, regardless of whether the business manufactures the packaging itself or outsources it[12]. Compliance route typically depends on scale:

• Small manufacturers are directed to contribute to local bodies handling recycling of smaller waste volumes.
• Medium and large manufacturers without in-house recycling capability may appoint a PRO. During the framework’s transition period, “Plastics For Change” was identified as an available PRO; businesses should confirm the current list of CPCB-empanelled PROs before entering into any engagement, as this list is subject to change.
• Export-oriented units and units in Special Economic Zones, and other units manufacturing plastic packaging for export against an export order, are excluded from the Rule 9(1) collection obligation, except in relation to pre-consumer plastic packaging waste generated by such units[13].
• Manufacturers and importers of plastic raw material (such as resins, pellets or intermediate material), and persons selling such raw material, are separately obligated entities and must register with the concerned State Pollution Control Board or Pollution Control Committee, in addition to any registration required of the PIBOs they supply[14].

The Registration Process

Registration, PRO empanelment, and annual return filing are all administered through a centralised online portal developed and operated by CPCB. The Certificate of Registration is also issued through this portal[15]. A brief overview of the process is given below:

• Confirm PIBO status: determine whether the entity qualifies as a producer, importer, or brand owner under the Rules, and identify the applicable registration category.
• Confirm the registering authority: the application is filed in Form I through the centralised online portal, but the authority that actually grants registration is the State Pollution Control Board or Pollution Control Committee where the PIBO operates in one or two States or Union Territories, and CPCB where it operates in more than two[16].
• Compile packaging data: assemble volume and material-type data for plastic packaging placed in the market during the relevant financial year.
• Register on the CPCB EPR Portal: submit the registration application and supporting documentation to obtain the Certificate of Registration.
• Select a compliance route: self-managed fee-based compliance, PRO engagement, or credit-based offsetting, based on operational capacity.
• Confirm recycled-content, reuse and labelling compliance: verify that recycled plastic packaging is labelled in accordance with IS 14534:2023 and that category-wise recycled-content and (for rigid Category I packaging) reuse targets are on track for the relevant financial year[17].
• Check raw-material supply-chain registration: if the entity manufactures, imports, or sells plastic raw material, confirm the separate registration and reporting obligations under Rule 13(4) are met[18].
• File annual returns: submit returns within the prescribed timelines, supported by verifiable collection and recycling data[19].
• Maintain a compliance file: retain documentation evidencing target computation and discharge, for production in the event of a CPCB audit or show-cause notice.

Enforcement Risk

CPCB has already taken enforcement action against non-compliant businesses under the Plastic Waste Management Rules, including issuing show-cause notices to companies found in violation. This confirms that EPR compliance is being actively audited rather than treated as a dormant requirement, and that registration status and target compliance are matters CPCB will test in practice, not only on paper[20].

Enforcement authority is expressly divided between CPCB, the State Pollution Control Boards, and the Pollution Control Committees, who may verify compliance through inspection and periodic audit, including, since 2026, through a Registered Environment Auditor; CPCB is also required to publish an annual list of PIBOs that have failed to meet their EPR targets.[21]

Beyond direct regulatory exposure, an increasing number of institutional buyers, retailers, and e-commerce platforms are requiring EPR compliance certificates as a condition of onboarding or continued supply, making registration a commercial gating item as well as a legal one.

Conclusion

EPR compliance under the Plastic Waste Management Rules, 2016, as amended, most recently in March 2026 (see note 1 above), is now a mandatory, actively enforced obligation for any business placing plastic packaging in the Indian market. With registration, target compliance and reporting all trackable by CPCB through a centralised portal, businesses that have not yet formalised their compliance position face growing legal, financial and commercial exposure. Early registration and a documented compliance framework remain the most effective safeguards.

[1] Plastic Waste Management Rules, 2016, G.S.R. 320(E), dated 18 March 2016, as amended up to the Plastic Waste Management (Amendment) Rules, 2026, G.S.R. 237(E), dated 31 March 2026. Readers should check the CPCB and MoEFCC websites for later amendments.

[2] Rule 18 and Rule 19; Schedule-II, para 9, Plastic Waste Management (Amendment) Rules, 2022, G.S.R. 133(E) and G.S.R. 522(E); Plastic Waste Management (Amendment) Rules, 2025, G.S.R. 73(E), dated 23 January 2025. The Environmental Compensation rate schedule should be confirmed on the CPCB portal.

[3] Rule 9(1), (2) and (2A), Plastic Waste Management (Amendment) Rules, 2024, G.S.R. 201(E); Schedule-II, para 3(e), Plastic Waste Management (Amendment) Rules, 2022, G.S.R. 133(E).

[4] The fee-based/PRO/credit terminology could not be verified against Schedule-II, paras 6 to 10, G.S.R. 133(E) of 2022, which instead describe direct target-fulfilment with a certificate purchase-and-sale mechanism for shortfalls. To be confirmed against the CPCB EPR Portal.

[5] Schedule-II, para 8, G.S.R. 133(E) of 2022; Plastic Waste Management (Second Amendment) Rules, 2023, G.S.R. 807(E).

[6] See note 2 above.

[7] Rule 19, Plastic Waste Management (Amendment) Rules, 2025, G.S.R. 73(E), dated 23 January 2025.

[8]

[9]

[10]

[11]

[12] Schedule-II, para 4, G.S.R. 133(E) of 2022, as substituted by G.S.R. 201(E) of 2024, listing Producers, Importers, Brand Owners, Plastic Waste Processors, and manufacturers/importers of plastic raw material as obligated entities, excluding micro and small enterprises.

[13] Rule 2(3), Plastic Waste Management (Second Amendment) Rules, 2023, G.S.R. 807(E).

[14] Rule 13, sub-rules (4), (4A) and (4B), G.S.R. 201(E) of 2024.

[15] Rule 13(2), G.S.R. 807(E) of 2023; Schedule-II, paras 6.1(b), 12.1 and 13.1, G.S.R. 133(E) of 2022.

[16] See note 15 above.

[17] Rule 11(2), G.S.R. 237(E) of 2026 and G.S.R. 201(E) of 2024, referencing IS 14534:2023.

[18] See note 12 above; Rule 17(2) and (3), G.S.R. 201(E) of 2024.

[19] Schedule-II, para 10.6, G.S.R. 133(E) of 2022; Rule 17, G.S.R. 201(E) of 2024.

[20] Rule 12, G.S.R. 807(E) of 2023, as amended by G.S.R. 237(E) of 2026; Schedule-II, paras 12.4 and 12.5, G.S.R. 133(E) of 2022.

[21] See note 20 above.