U.S. States Packaging EPR: What Producers Need to Know

Overview

Packaging Extended Producer Responsibility (EPR) laws are reshaping the U.S. packaging compliance landscape by shifting responsibility for packaging waste management from municipalities to the producers that place packaged products on the market.

To date, seven states have enacted comprehensive packaging EPR legislation: California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington. While requirements vary by jurisdiction, these laws generally establish producer-funded frameworks that require covered producers to participate in Producer Responsibility Organizations (PROs), report packaging data, maintain records and contribute financially to recycling and waste management systems. Several states are developing reporting requirements, fee structures, producer registration processes and recyclability criteria as they move toward program implementation between 2026 and 2028.

As these programs progress from legislative adoption to implementation, companies that manufacture, import, distribute or sell packaged products should determine whether they qualify as producers under applicable state laws and prepare for emerging compliance obligations.

States with Enacted Packaging EPR Laws

*Status as of August 2026.

California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington have enacted comprehensive packaging EPR laws, establishing producer-funded frameworks for managing packaging waste and supporting recycling systems. While implementation timelines and requirements vary by jurisdiction, all seven states are progressing toward operational compliance programs that will require covered producers to evaluate their obligations, manage packaging data, participate in PROs and meet reporting and funding requirements.

Compliance Obligations

Although requirements vary among states, packaging EPR programs generally share several common compliance obligations for covered producers. 

1)    Determine Producer Status

Organizations should determine whether they qualify as a producer under each state’s definition. Depending on the jurisdiction, regulatory responsibility may be assigned to the brand owner, manufacturer, importer, distributor or retailer.

2)    Participate in a PRO

Many programs require producers to join or participate in an approved PRO that administers compliance activities, reporting and fee collection.

3)    Establish Packaging Data Management Systems

A critical compliance challenge will be the collection and maintenance of packaging data, including:

• Packaging material types
• Packaging weights
• Recycled content
• Product-to-packaging relationships
• Packaging categories and formats

Accurate packaging inventories are essential for reporting, fee calculations and demonstrating compliance.

4)    Prepare for Reporting and Recordkeeping Requirements

State programs may require periodic reporting to regulators or PROs and retention of documentation supporting the reported packaging data.

5)    Plan for EPR Fee Obligations

Producers may be required to finance recycling and waste management activities through state EPR programs. Fee calculations are expected to be influenced by factors such as packaging material type, weight, recyclability, recycled content and environmental performance.

6)    Packaging Design May Affect Future Compliance Costs

Beyond funding recycling systems, many packaging EPR programs are also designed to incentivize more sustainable packaging choices. Emerging fee structures may reward packaging designs that support recyclability, source reduction and circular economy objectives, while less sustainable packaging formats may face higher compliance costs.

Consequently, companies should consider:

• Packaging material reduction opportunities
• Packaging recyclability improvements
• Increased recycled content
• Material substitutions
• Packaging redesign initiatives
• Packaging data traceability systems

Integrating packaging compliance considerations into product development and sourcing processes can help organizations manage future regulatory risks and costs.

Which Products Are Impacted?

Packaging EPR obligations generally do not depend on the type of product being sold. Instead, they are triggered by the placement of covered packaging materials on the market. As a result, companies across a wide range of industries may be affected, including:

• Electrical and electronic equipment (EEE)
• Consumer products
• Household goods
• Medical devices
• Food and beverage products
• Retail and e-commerce operations
• Packaging manufacturers

For example, manufacturers of televisions, laptops, smartphones, appliances and other electronic products may be subject to packaging EPR requirements for packaging materials such as boxes, inserts, films, labels and similar components used with their products. These laws generally regulate the packaging associated with the product rather than the product itself.

Outlook: Preparing for the Expanding EPR Landscape

Packaging EPR programs are expanding across the United States, with California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington advancing implementation activities through 2026–2028. As states finalize reporting requirements, producer registration processes, fee structures and program administration, companies should prepare for increasing compliance obligations.

Legislative momentum also continues to build, with packaging EPR bills introduced across eight additional states—New York, Massachusetts, Rhode Island, New Jersey, Illinois, Tennessee, North Carolina and Hawaii—in 2025. To prepare, organizations should proactively strengthen their supply chain visibility and assess packaging design strategies to mitigate long-term regulatory exposure.

Key Takeaways

With seven states now implementing comprehensive packaging EPR frameworks through 2028, compliance focus must shift to operational readiness. Covered entities should prioritize four key areas:

• Confirming producer status across active jurisdictions 
• Auditing packaging data and reporting systems 
• Preparing for PRO registration and fee structures
• Evaluating package design to minimize future cost impacts

References

1. Plastic Pollution Prevention and Packaging Producer Responsibility Act
2. Producer Responsibility Program for Statewide Recycling Act
3. Chapter 428: Stewardship Program for Packaging
4. Producer Responsibility for Packaging Materials and Paper Products
5. Packaging Waste and Cost Reduction Act
6. Reuse and Recycle: Producers Responsibility Program 

• https://oregon.public.law/statutes/ors_459a.860
• https://oregon.public.law/statutes/ors_459A.975