As of November 2025, seven U.S. states have enacted comprehensive EPR laws for packaging, with implementation advancing rapidly. Additional states like Hawaii and Rhode Island have passed needs assessment laws, paving the way for potential future programs.
What is EPR for Packaging?
Extended Producer Responsibility (EPR) laws shift the financial and operational burden of packaging waste management from municipalities and taxpayers to producers (e.g., manufacturers, brand owners, importers, or distributors). These laws aim to reduce packaging waste, increase recycling rates, and promote sustainable packaging design.
States with Enacted Comprehensive EPR Packaging Laws
California
SB 54 – Plastic Pollution Prevention and Packaging Producer Responsibility Act, 2022
- Key Requirements: Producers must join a PRO (Circular Action Alliance, CAA), report packaging data, and pay fees. By 2032, 100% of packaging must be recyclable or compostable, with 65% of single-use plastic recycled and a 25% reduction in plastic packaging.
- Key Dates: Rulemaking restarted in March 2025; public comment period August 22–October 7, 2025. Producers required to register with CAA by April 2025; submit 2023 data by November 15, 2025; fees begin in 2026. Non-compliance may result in sales bans starting January 1, 2027.
- Updates: CalRecycle published a statewide material characterization study on June 30, 2025, measuring covered materials in landfills. Permanent regulations in formal rulemaking.
- Details: Covers single-use packaging and plastic food service ware, with eco-modulated fees to incentivize sustainable materials.
Colorado
HB 22-1355 – Producer Responsibility Program for Statewide Recycling Act, 2022
- Key Requirements: Producers of single-use packaging and paper products must join CAA, report data, and pay fees. Targets include a 34-40% recycling rate by 2030.
- Key Dates: Registration with CAA required by October 2024 (completed); 2024 data due July 31, 2025; initial data reporting for first six months of 2025 by August 1, 2025; fees start January 1, 2026. Unregistered producers barred from selling after July 1, 2025.
- Updates: CAA submitted an amended program proposal in June 2025; public comment anticipated Fall 2025.
- Details: Includes business-to-consumer packaging; exemptions for hazardous materials and medical products. Producers registered in Oregon are auto-enrolled but need Colorado-specific data.
Maine
LD 1541 – Stewardship Program for Packaging, 2021; Amended by LD 1423/SP 579, 2025
- Key Requirements: Producers must join a Stewardship Organization (SO) to fund and manage packaging waste. Focuses on reducing landfill waste and increasing recycling; reimburses municipalities directly.
- Key Dates: Rules finalized December 2024; RFP for SO opened September 2025; SO selection by April 2026; first reporting for 2025 data by May 31, 2026; payments begin 2026. Sales bans one year post-SO selection.
- Updates: Governor signed LD 1423 in June 2025, adding producer exemptions, clarifying definitions, and aligning with other states’ programs to ease compliance. Draft packaging material types list released March 2025; ongoing rulemaking for recyclability criteria.
- Details: Covers most consumer packaging (plastic, paper, glass, metal, cardboard); no separate “printed paper” category. Excludes paper products used as packaging in some contexts.
Minnesota
HF 3911/SF 3877 – Packaging Waste and Cost Reduction Act, 2024
- Key Requirements: Producers must join a PRO by July 1, 2026, to fund 50% of recycling costs by 2029 and 90% by 2031. No specific performance targets set initially.
- Key Dates: CAA appointed PRO February 18, 2025; registration required by July 1, 2025; stewardship plan due October 1, 2028; initial needs assessment due end of 2026.
- Updates: Packaging EPR Advisory Board began meeting February 2025; CAA registration ongoing.
- Details: Applies to packaging, food packaging, and paper products; exemptions for certain business-to-business packaging. Covers residences, not businesses in some aspects.
Oregon
SB 582 – Plastic Pollution and Recycling Modernization Act, 2021
- Key Requirements: Producers must join CAA, report data, and pay fees to manage packaging waste. Focuses on improving recycling infrastructure.
- Key Dates: Program activated July 1, 2025; over 1,700 producers reported by March 31, 2025 (with grace period); fees due July 2025; enforcement penalties up to $25,000/day effective July 1, 2025.
- Updates: CAA amended program plan in May 2025; first U.S. state to fully activate packaging EPR.
- Details: Covers packaging, paper products, and food serviceware; emphasizes sustainable design and material recovery. HB 3780 to exempt newsprint pending.
Maryland
SB 901 – Producer Responsibility Program for Packaging, 2025
- Key Requirements: Establishes EPR via a PRO (CAA approved); producers must participate in a PRO or submit individual plans. Phases in cost-sharing 2028–2030.
- Key Dates: Signed May 13, 2025; needs assessment completed February 2025; full program operational 2027; producers register and report 2025 data by May 2026.
- Updates: Allows multiple PROs initially; CAA led 2024 assessment and is approved as PRO.
- Details: Covers consumer packaging and paper products; stakeholder input shapes program.
Washington
SB 5284 – Recycling Reform Act, 2025
- Key Requirements: Producers must fund 90% of recycling system costs by 2032 via a PRO. Focuses on paper and packaging, including beverage containers; requires $5M annual reuse funding beginning in 2029.
- Key Dates: Signed May 17, 2025; initial compliance begins 2028; PRO selection ongoing.
- Updates: Targets consumer packaging (not industrial/commercial); expands collection to underserved areas, reduces recycling bills.
- Details: Builds on 2021 recycled content law; limited to residences.
States with Pending/Pre-EPR:
Hawaii (HB 750, needs assessment due 2027, signed May 2025), Rhode Island (needs assessment report by Dec 2026, signed June 2025), and Illinois (advisory council report due Dec 31, 2025) have advanced studies; bills in New York (S1464/A1749 stalled in Assembly June 2025, reintroduction expected 2026), New Jersey(S208/S3398 in committee, active until Jan 2026), Massachusetts (EPR Commission advisory groups active for plastics/packaging, report due early 2026), Tennessee (Waste to Jobs Act/SB 269/HB 600 introduced Jan 2025, deferred to 2026), etc., show momentum but no new enactments.
Key Compliance Considerations
- Producer Definition: Varies but generally includes manufacturers, brand owners, importers, distributors, and retailers.
- Producer Responsibility Organizations (PROs): Circular Action Alliance (CAA) dominates (CA, CO, OR, MN, MD); multiple allowed in MD; Stewardship Organization (SO) model in ME; pending in WA.
- Fees: Eco-modulated based on volume/material; non-compliance penalties up to $50,000/day in some states.
- Exemptions: Medical/infant products, hazardous materials; varies (e.g., ME added criteria in 2025).
Why It Matters
EPR drives a circular economy, reducing plastic pollution and boosting recycling (e.g., OR’s activation in July 2025). Producers must track multi-state data, adapt designs, and join PROs to avoid bans/penalties amid rising consumer/regulatory pressure.
Contact Us:
For more information on EPR’s and our Sustainable Flexible Packaging Options contact:
Wayne Shilka, VP of Sustainability & Product Innovation wshilka@eagleflexible.com
Ryan Sammartino, VP of Sales and Marketing rsammartino@eagleflexible.com
