Maine made history in 2021 as the first U.S. state to pass an extended producer responsibility (EPR) law for packaging, shifting the cost of recycling packaging waste from municipalities onto the companies that put that packaging into the market. If you sell packaged goods into Maine, the law may already apply to you even though registration hasn’t opened yet.
This guide breaks down who counts as a “producer” under Maine’s law, which businesses are exempt, and what’s actually happening with implementation right now — including a major setback in August 2026 that pushed registration timelines back indefinitely. Use it to figure out where you stand and what to do while you wait for the state’s next move.
Quick Answer
Maine’s packaging EPR law requires most companies that sell packaged products into the state to register with a state-appointed Stewardship Organization (SO), report the tonnage of packaging they introduce into Maine, and pay fees that fund municipal recycling reimbursements. As of August 2026, registration has not opened because Maine has not yet selected an SO — the state’s request for proposals closed on August 18, 2026 with zero bidders, and the Department of Environmental Protection (DEP) is now reassessing its timeline.
Who Counts as a “Producer” — and Who’s Exempt
Maine’s law defines “producer” broadly to include manufacturers and brand owners whose packaging ends up in Maine’s waste stream — generally the company whose brand appears on the package, not the retailer selling it (unless there’s no identifiable brand owner with a presence in the U.S.).
Several categories are exempt from the program. Businesses with less than $2 million in gross annual revenue are exempt for the first three years after the SO’s contract with the state takes effect, with that threshold rising to $5 million from year four onward. Producers whose Maine sales involve less than one ton of packaging annually are also exempt, as are companies that get more than half their revenue from salvage, closeout, bankruptcy, or liquidation sales. Perishable food producers get an exemption on their first 15 tons of packaging each year.
A 2025 amendment, LD 1423, narrowed the law further by excluding certain commercial, cosmetic, medical, and hazardous or flammable product packaging, along with packaging tied to public health and water-quality testing, from the program’s scope. If your business packages any of these categories, it’s worth confirming whether the exclusion applies to you specifically.
Where Implementation Stands Right Now
Unlike most other states’ packaging EPR programs, Maine’s law directs its Stewardship Organization to reimburse municipalities directly for their recycling costs, rather than funding a statewide recycling system the way California, Colorado, or Oregon’s programs do. That structural difference has made finding an SO harder: Maine’s final program rules were adopted in December 2024, but the state still needed to contract with an organization to run the program.
In June 2026, Maine DEP issued a formal request for proposals (RFP) seeking a Stewardship Organization. The Circular Action Alliance (CAA) — which already administers packaging EPR programs in six other states — publicly declined to bid, saying the RFP’s scope didn’t align with its operational practices and reporting standards. When the RFP closed on August 18, 2026, no organization had submitted a proposal at all. Two days later, DEP announced it would reassess its anticipated dates for producer registration and invoicing, with no new timeline yet published.
Before this setback, DEP had projected producer registration opening around mid-to-late 2026 with start-up fee invoices following in the fall. Those dates are now effectively on hold until Maine secures a Stewardship Organization contract.
Tips and Common Mistakes to Avoid
Don’t assume the delay means you’re off the hook — it means you have extra runway to prepare, not that the law was repealed. When registration does open, producers are expected to have a short window (historically proposed at 90 days) to register and report tonnage, so scrambling to gather packaging data at the last minute is the biggest risk.
Start building an internal packaging inventory now: track the material types, weights, and Maine-specific sales volume for everything you ship into the state. If you’re near the revenue or tonnage exemption thresholds, document your calculations so you’re ready to claim an exemption or confirm you owe fees. Low-volume producers under 15 tons annually have historically been offered a simplified flat per-ton reporting option, so don’t assume full reporting complexity applies if your Maine footprint is small.
Finally, watch Maine DEP’s official EPR page directly rather than relying on secondhand summaries — given the RFP failure, dates are actively moving, and industry groups on both sides of the issue have an incentive to characterize delays differently.
Explore more: more sustainability and packaging compliance guides.
Maine Packaging EPR Law FAQs
When will Maine’s packaging EPR producer registration open?
There’s no confirmed date. Maine DEP had targeted 2026 for registration and start-up fee invoicing, but after receiving zero proposals for its Stewardship Organization contract in August 2026, the agency announced it is reassessing the timeline. Check Maine DEP’s official EPR page for updates.
Is my small business exempt from Maine’s packaging EPR law?
You may be. Businesses with less than $2 million in gross annual revenue are exempt for the program’s first three years, with that threshold rising to $5 million from year four onward, and producers selling less than one ton of packaging into Maine annually are also exempt. Review the specific thresholds against your Maine sales and packaging volume.
What is a Stewardship Organization and why does it matter?
The Stewardship Organization (SO) is the entity Maine contracts with to run the packaging EPR program — collecting producer registrations and fees, then reimbursing municipalities for recycling costs. Without a signed SO contract, Maine can’t open producer registration, which is why the failed 2026 RFP has stalled the whole program.
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