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. As of 2025, seven U.S. states have enacted EPR laws for packaging, each with unique requirements, timelines, and Producer Responsibility Organizations (PROs) to manage compliance.
States with Enacted 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: Producers must register with CAA by July 1, 2025; submit 2024 packaging data by August 31, 2025; fees begin in 2026. Non-compliance may result in sales bans starting January 1, 2027.
- 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 was due October 2024; initial data reporting for the first six months of 2025 by August 1, 2025; fees start January 1, 2026.
- Details: Includes business-to-consumer packaging; exemptions for hazardous materials and medical products.
Maine (LD 1541 – Stewardship Program for Packaging, 2021)
- Key Requirements: Producers must join a PRO (selection pending) to fund and manage packaging waste. Focuses on reducing landfill waste and increasing recycling.
- Key Dates: PRO selection and program details are still in development, with rulemaking ongoing.
- Details: Covers packaging materials like plastics and cardboard; overseen by the Maine Department of Environmental Protection.
Minnesota (HF 3911 – 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.
- Key Dates: PRO stewardship plan due October 1, 2028; initial needs assessment due end of 2026.
- Details: Applies to packaging, food packaging, and paper products, with exemptions for certain business-to-business packaging.
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: Reporting deadlines are active; fees due June 2026.
- Details: Covers packaging and paper products; emphasizes sustainable design and material recovery.
Maryland (SB 222 – Producer Responsibility Advisory Council, 2023)
- Key Requirements: Establishes a framework for EPR via a needs assessment, with CAA as the designated PRO. Producers must prepare for future compliance.
- Key Dates: Needs assessment due December 1, 2024; full EPR program details pending.
- Details: Focuses on packaging waste management, with stakeholder input shaping the program.
Washington (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.
- Key Dates: Implementation details and PRO selection are ongoing; compliance timelines forthcoming.
- Details: Builds on 2021’s Post-Consumer Recycled Content Law, requiring labeling and recycled content in plastic packaging.
What’s Next?
-
- Illinois is the needs assessment phase after passing initial EPR legislation.
- New York saw its ambitious Packaging Reduction and Recycling infrastructure Act (S.1464/A.1749) pass the Senate but stall in the Assembly, failing to receive a vote before the June 17th adjournment. The measure was set to fund state recycling efforts, and was expected to yield significant municipal savings, but intense lobbying and timing issues derailed its progress.
- Many other states are exploring advancing EPR frameworks in 2024-2025, including New Jersey, Tennessee, North Carolina, Rhode Island, New Hampshire, Massachusetts, Hawaii, and Connecticut.
Key Compliance Considerations
- Producer Definition: Varies by state but generally includes manufacturers, brand owners, importers, distributors, and retailers selling packaged products.
- Producer Responsibility Organizations (PROs): Most states require producers to join a PRO (e.g., CAA in California, Colorado, Oregon, and Maryland) to handle data reporting, fee collection, and recycling programs.
- Fees: Eco-modulated fees are based on packaging volume and material type, incentivizing sustainable choices. Non-compliance penalties can reach $50,000 per day in some states.
- Exemptions: Common exemptions include packaging for medical products, infant formula, and hazardous materials
Why It Matters
EPR laws aim to reduce plastic pollution, improve recycling rates, and promote a circular economy. Producers must stay informed of state-specific requirements, register with PROs, and adapt packaging to meet sustainability targets to avoid penalties and align with consumer and regulatory expectations.
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
