If your company ships products in boxes, bags, or bottles into California, Colorado, Oregon, Maine, Minnesota, Maryland, or Washington, a new category of compliance is arriving fast: Extended Producer Responsibility (EPR) for packaging. These laws shift the cost of recycling and waste management from local governments onto the companies that put packaging into the market, and several key deadlines land in 2026 and 2027.
This guide walks through which states have EPR packaging laws today, what “producer” actually means under these statutes, the registration and fee deadlines you need on your calendar, and the practical steps to get ahead of enforcement before it becomes a scramble.
Quick Answer
Seven states have enacted EPR packaging laws so far: California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington. Most require brands that sell packaged goods into the state to register with an approved Producer Responsibility Organization (PRO), report packaging data annually, and pay fees based on the type and volume of material they use — with major registration and fee deadlines hitting in 2026 and California’s producer-membership deadline set for January 1, 2027.
Which States Have EPR Packaging Laws (and What’s Due When)
Oregon was first out of the gate, with fee obligations for producers beginning July 1, 2025 under SB 582. Colorado followed under HB 22-1355, with initial producer fees starting January 1, 2026. Both states use the Circular Action Alliance (CAA) as their PRO — currently the only PRO approved across multiple states.
California’s SB 54 is the one drawing the most attention because of its size and scope. Producers must register with CalRecycle or join an approved PRO, with full producer membership required by January 1, 2027, and escalating recyclability and source-reduction targets running through 2032. Maine (LD 1541) requires producer registration and initial data reporting in 2026, with fuller program implementation in 2027. Maryland and Washington both have producer registration windows opening in 2026, and Minnesota (HF 3911) is on a longer runway — limited registration in 2025-2026, PRO operations starting 2027-2028, and full stewardship plan implementation between 2029 and 2032.
A handful of other states — including New Hampshire and Wisconsin — introduced EPR packaging bills in 2026, and Massachusetts, New Jersey, New York, Rhode Island, and Virginia have proposals in progress. None of these have been enacted yet, but brands selling nationally should expect the list of covered states to keep growing.
What Brands Actually Need to Do
Start by determining whether you’re a “producer” under each state’s definition — usually the brand owner or the entity that first imports packaged goods into the state, not the packaging manufacturer or the retailer. Most states also carve out small-business exemptions, typically for companies under a few million dollars in annual revenue or under one ton of packaging material introduced per year, so check the specific thresholds (commonly $2-5 million in revenue) for each state where you sell.
Next, inventory your packaging by material type — corrugated cardboard, rigid plastic, flexible film, glass, paper — since fees are assessed per material and can vary significantly (Oregon’s schedule, for example, ranges from near-zero for non-consumer corrugated cardboard up to well over a dollar per pound for certain plastics). Then register with the Circular Action Alliance or your state’s designated PRO ahead of the applicable deadline, and set up a process to report packaging weight and material data annually — this reporting obligation typically continues indefinitely once you’re registered, not just in the first year.
Tips / Common Mistakes
Don’t assume one state’s compliance covers another — registration, fee schedules, and covered-material definitions differ by state, even though CAA administers several of them. Don’t wait for a final rule to start data collection; packaging weight and material tracking takes time to build internally, and states have shown they will enforce fee obligations from the deadline forward, not from whenever you finish reporting. Also watch for eco-modulation: several states apply fee discounts or surcharges based on recyclability or compostability, so packaging redesign can directly lower your compliance costs over time. Finally, assign clear internal ownership — sustainability, legal, and packaging/procurement teams all need to be in the loop, since the “producer” determination and material inventory usually span more than one department.
Explore more: More sustainable packaging guides.
Extended producer responsibility FAQs
What is EPR for packaging?
Extended Producer Responsibility (EPR) is a policy model that makes the companies who put packaging into the market financially and operationally responsible for what happens to that packaging after use, typically by requiring registration, reporting, and fees paid to a producer responsibility organization that funds recycling infrastructure.
Which states currently have EPR packaging laws?
California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington have all enacted EPR packaging laws, each with its own registration timeline, fee structure, and small-business exemption thresholds.
Is my small business exempt from EPR packaging laws?
Many states exempt producers below a revenue threshold — often in the $2 million to $5 million range — or below a minimum weight of packaging material introduced annually, but exact thresholds vary by state, so you need to check each one where you sell.
What happens if a brand misses a 2026 or 2027 EPR deadline?
Consequences vary by state but can include penalties, back fees, and loss of good standing with the PRO, so brands should register and begin reporting as soon as they qualify as a covered producer rather than waiting for enforcement action.
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Photo: TUBS / CC BY-SA 3.0, via Wikimedia Commons.