EPR Packaging Laws by US State

1. What Is Extended Producer Responsibility (EPR)?

Extended Producer Responsibility is a policy framework that shifts the financial and operational burden of packaging waste management from municipalities and taxpayers to the producers who create the packaging. Under EPR, companies that manufacture, import, or sell packaged goods are responsible for funding the collection, recycling, and disposal of their packaging materials.

EPR for packaging is the fastest-moving area of US state regulation. Since 2021, multiple states have enacted comprehensive EPR packaging laws, and several more have legislation pending. The core obligations under EPR packaging laws include:

• Registration: Producers must register with a state-authorized program or Producer Responsibility Organization (PRO).
• Fee payments: Producers pay fees based on the volume, weight, and type of packaging they introduce into the market.
• Recycled content targets: Some states mandate minimum percentages of post-consumer recycled content in packaging.
• Recyclability requirements: Certain laws require that all packaging be recyclable or compostable by a target date.
• Reporting: Producers must submit annual data on packaging materials, quantities, and material types.

EPR differs from traditional recycling programs because producers — not local governments — pay for the infrastructure. Fees are typically "eco-modulated," meaning packaging that is easier to recycle costs less, while non-recyclable or hard-to-recycle packaging incurs higher fees.

2. Which States Have EPR Packaging Laws?

As of March 2026, seven US states have enacted comprehensive EPR packaging legislation. Several additional states — including New York and Illinois — have introduced bills or have legislation pending. The table below covers enacted laws only.

Key Requirements Comparison

3. How EPR Registration Works

Producer Responsibility Organizations (PROs)

A PRO is a nonprofit organization authorized by the state to manage the EPR program on behalf of producers. Producers do not interact with the state directly for most compliance obligations — instead, they join a PRO and fulfill their obligations through it. The PRO collects fees from member producers, funds recycling infrastructure, manages reporting, and submits program plans to the state for approval.

In some states, a single PRO manages the entire program (California's Circular Action Alliance). In others, multiple PROs may be approved to operate. Each state's environmental agency oversees PRO operations and approves program plans.

The Registration Process

While each state's process varies, registration generally follows these steps:

• Determine coverage: Confirm whether your company meets the definition of "producer" in the state. Producers typically include brand owners, first importers, and — in some states — marketplace sellers.
• Check de minimis thresholds: Verify whether your gross revenue or packaging volume falls below the state's exemption level.
• Join a PRO: Apply for membership with the state-approved PRO. This typically involves creating an account, providing company information, and agreeing to the PRO's terms.
• Submit packaging data: Report the types and quantities of packaging you introduce into the state. Data points typically include material type (plastic, paper, glass, metal, etc.), total weight in pounds or tons, and product categories.
• Pay fees: Fees are calculated based on your packaging data. Eco-modulated fee schedules charge more for non-recyclable materials and less for easily recyclable ones.
• Annual reporting: Submit updated packaging data and pay fees on an annual cycle.

Fee Structure

EPR fees are typically determined by three factors:

• Total weight of packaging: The more packaging you put into the market, the higher the fee.
• Material type: Recyclable materials (paper, cardboard, aluminum) carry lower per-pound fees than non-recyclable or hard-to-recycle materials (multi-layer flexible packaging, polystyrene).
• Product category: Some states differentiate fees by product type or sector.

Exact fee schedules are set by each state's PRO and approved by the overseeing agency. California's fees are expected to be the most significant, given the breadth ofSB 54's requirements. Early estimates suggest fees could range from fractions of a cent per unit for simple recyclable packaging to several cents per unit for non-recyclable plastics.

4. Oregon — SB 582

Oregon SB 582, signed in 2021, made Oregon one of the first two US states (alongside Maine) to enact comprehensive EPR packaging legislation. The law requires producers to fund and manage the end-of-life collection, recycling, and disposal of packaging materials sold or distributed in Oregon.

Key Provisions

• Effective date: Producer registration obligations begin July 1, 2025.
• Covered materials: All packaging material sold, offered for sale, or distributed in Oregon — including shipping packaging, retail packaging, and service packaging (e.g., takeout containers).
• PRO requirement: Producers must join a PRO approved by the Oregon Department of Environmental Quality (DEQ). PRO selection and approval are ongoing.
• De minimis exemption: Producers with less than $5 million in annual gross revenue are exempt from the program.
• Needs assessment: The law requires a statewide needs assessment to identify gaps in recycling and composting infrastructure. This assessment drives PRO investment priorities.
• Eco-modulated fees: Fee schedules must incentivize recyclable and compostable packaging and discourage problematic materials.

What Oregon Producers Must Do

• Determine if your gross revenue exceeds the $5M threshold.
• Register with the DEQ-approved PRO once it is operational.
• Submit packaging data: material types, weights, and quantities.
• Pay annual fees based on the PRO's eco-modulated fee schedule.
• Maintain records of packaging materials for at least three years.

5. Colorado — HB 22-1355

Colorado HB 22-1355, signed in 2022, established a comprehensive EPR framework for packaging and paper products. Colorado's law is notable for requiring producers to cover the full cost of recycling and composting infrastructure statewide, not just a portion.

Key Provisions

• Effective date: Producer obligations began in 2025 with a phased implementation timeline.
• Covered materials: All packaging and paper products. The definition is broad, covering primary, secondary, and transport packaging as well as printed paper and paper products.
• Oversight: The Colorado Department of Public Health and Environment (CDPHE) oversees the program through an advisory board that includes industry, local government, and environmental stakeholders.
• De minimis exemption: Small producer exemptions exist based on revenue thresholds, with specific values to be determined through rulemaking.
• Full-cost funding: Producers must collectively fund the full cost of statewide recycling and composting services — a more ambitious requirement than most other state programs.
• Convenience standards: The law mandates minimum levels of recycling access for all Colorado residents, ensuring that EPR funding translates into actual service availability.

What Colorado Producers Must Do

• Monitor CDPHE rulemaking for final de minimis thresholds and fee schedules.
• Register with the approved PRO once producer obligations are active.
• Report packaging and paper product data annually.
• Pay eco-modulated fees covering the full cost of collection and recycling.

6. California — SB 54

California SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, is the most aggressive EPR packaging law in the United States. Signed in 2022, it sets binding targets for source reduction, recycling rates, and recyclability that go far beyond any other state program.

Core Requirements

• 65% recycling rate for all single-use packaging and plastic single-use food service ware by 2032.
• 25% source reduction of plastic single-use packaging and food service ware by 2032.
• All packaging must be recyclable or compostable by 2032.
• Elimination of problematic plastics: CalRecycle maintains a list of materials that must be phased out, including expanded polystyrene (EPS) for food service packaging and certain PVC packaging.

PRO and Registration

California's designated PRO is the Circular Action Alliance (CAA). All covered producers must register with CAA and pay fees to fund compliance. The registration timeline began in 2024 for large producers, with smaller producers phasing in through 2026.

Fee Structure

SB 54 fees are expected to be substantial. The law requires $5 billion in total producer funding over ten years to support recycling infrastructure, litter cleanup, and source reduction programs. Fees are eco-modulated: recyclable materials pay lower rates, non-recyclable plastics pay the highest rates.

De Minimis Exemption

Small businesses with less than $1 million in annual gross revenue are exempt from some SB 54 requirements. However, certain obligations — such as material restrictions on prohibited plastics — apply regardless of company size.

What California Producers Must Do

• Register with the Circular Action Alliance (CAA).
• Submit packaging data including material types, weights, and recycled content percentages.
• Pay annual fees based on the eco-modulated schedule.
• Begin transitioning packaging to meet recyclability and source reduction targets.
• Eliminate prohibited materials (EPS food service packaging, certain PVC) by the mandated deadlines.
• Track and report recycled content in plastic packaging against phased targets.

7. Maine — LD 1541

Maine LD 1541, signed in 2021, made Maine the first state in the nation (tied with Oregon) to enact EPR packaging legislation. Maine's law took a municipality-reimbursement approach: stewardship fees paid by producers are used to reimburse municipalities for their recycling program costs.

Key Provisions

• Effective date: Producer obligations began July 1, 2024.
• Covered materials: Packaging material for products sold or distributed in Maine.
• Stewardship organization: A stewardship organization approved by the Maine Department of Environmental Protection (DEP) manages the program.
• Eco-modulated fees: Stewardship fees are adjusted based on recyclability — packaging that is readily recyclable in Maine's curbside programs pays lower fees. Non-recyclable packaging pays significantly higher fees. This is one of the strongest eco-modulation provisions in any US state.
• Municipal reimbursement: Fee revenue is used to reimburse municipalities for the net costs of managing packaging waste in their recycling programs.

De Minimis Exemption

Producers are exempt if they have less than $2 million in gross revenue attributable to sales in Maine or if they sell less than one ton of packaging material into the state annually. Both thresholds are evaluated independently — a producer qualifies for the exemption by meeting either one.

What Maine Producers Must Do

• Determine if your Maine-specific revenue exceeds $2M or your packaging exceeds 1 ton.
• Register with the DEP-approved stewardship organization.
• Submit packaging data: material types, weights, and recyclability classification.
• Pay annual stewardship fees based on the eco-modulated schedule.

8. Minnesota, Washington & Maryland

Minnesota — HF 3577 (2024)

Minnesota HF 3577, signed in 2024, established an EPR framework for packaging and paper products. The law directs the Minnesota Pollution Control Agency (MPCA) to oversee PRO approval and program implementation. Producer obligations are being phased in starting in 2026, with the PRO responsible for developing a needs assessment, fee schedule, and collection plan.

• Covered materials: Packaging and paper products sold or distributed in Minnesota.
• PRO structure: One or more PROs approved by MPCA will manage the program.
• Eco-modulated fees: Required. Fee schedules must incentivize recyclable and compostable packaging.
• De minimis: Small producer exemptions will be defined through rulemaking.
• Timeline: PRO plan submission and producer registration are expected to begin in 2026, with full program operation by 2028.

Maryland — SB 901 (2025)

Maryland SB 901, signed by Governor Moore on May 13, 2025, follows a similar structure to other state EPR laws. (Note: an earlier bill, SB 222, was a 2023 study bill that was reduced to advisory functions.) The Maryland Department of the Environment (MDE) oversees the program and approves stewardship organizations.

• Covered materials: Packaging for products sold in Maryland.
• Stewardship organization: One or more MDE-approved organizations will manage producer obligations.
• Eco-modulated fees: Required. Fees must reflect recyclability and environmental impact.
• De minimis: Small producer exemptions will be defined through rulemaking.
• Timeline: Phased implementation beginning in 2026, with full program operation expected by 2028-2029.

How Minnesota, Washington, and Maryland Compare

Both 2024 laws follow the template established by Oregon, Colorado, and California but leave significant details — including exact fee schedules, de minimis thresholds, and collection targets — to rulemaking. Producers should monitor each state's environmental agency for proposed rules and registration timelines as they develop.

9. How EPR Affects Small E-Commerce Sellers

If you ship products in packaging to customers in states with EPR laws, you may be considered a "producer" under those laws — even if you are a small Etsy, Shopify, or Amazon seller. The definition of "producer" in most EPR statutes covers brand owners, first importers, and in some cases marketplace facilitators or sellers who use their own branded packaging.

Are You Covered?

The critical question is whether your revenue or packaging volume exceeds the de minimis threshold in each state. Here is a practical breakdown:

What Small Sellers Should Do

• Check each state's de minimis threshold against your annual gross revenue and total packaging weight. You must evaluate each state independently.
• Track your packaging: Start recording the weight and material type of all packaging you use — shipping boxes, poly mailers, void fill, tape, labels, and product packaging. You will need this data if you exceed a threshold.
• Register where required: If you exceed the de minimis threshold in any state, register with that state's PRO before the deadline. Late registration can result in penalties.
• Monitor pending states: Washington, New York, and Illinois have active EPR packaging bills. The number of states with EPR obligations is likely to grow.
• Consider packaging optimization: Switching to lighter, more recyclable packaging can reduce your fees under eco-modulated schedules and may keep you below weight-based thresholds.

Multi-State Compliance

If you ship to customers in multiple EPR states, you may need to register and pay fees in each state separately. There is currently no unified national EPR registration system. Each state has its own PRO, fee schedule, reporting requirements, and deadlines. For sellers with customers across all seven enacted states, this means up to seven separate registrations, data submissions, and fee payments.

10. Compliance Checklist

Determine If You Are Covered

• Identify every state where you sell or ship packaged products to consumers.
• Check whether each state has an enacted EPR packaging law (see table in Section 2).
• Review the definition of 'producer' in each applicable state's statute.
• Compare your gross revenue and packaging volume against each state's de minimis threshold.

Registration Steps

• Create an account with the approved PRO in each state where you are covered.
• Gather packaging data: material types, total weight (lbs or tons), and quantities by material.
• Submit packaging data to each PRO as part of your registration.
• Pay initial registration fees and annual stewardship fees.
• Confirm your registration is active and in good standing.

Ongoing Obligations

• Submit updated packaging data annually by each state's reporting deadline.
• Pay annual fees on time — late payments may incur penalties.
• Monitor material restrictions and prohibited materials lists (especially California's SB 54).
• Track recycled content in plastic packaging if subject to recycled content mandates.
• Retain packaging records for at least three years (or as required by each state).
• Watch for new state EPR laws — additional states are expected to enact legislation in coming years.

11. Common Mistakes

Assuming EPR Only Applies to Large Companies

While most de minimis exemptions protect very small sellers, the thresholds vary significantly by state. California's $1 million revenue threshold could capture mid-size e-commerce businesses. As more states enact EPR laws, the cumulative compliance burden on smaller companies grows — even if each individual state exempts the smallest producers.

Ignoring State-by-State Registration Requirements

Each state operates its own EPR program with its own PRO, fee schedule, and deadlines. Registering in California does not satisfy your obligations in Oregon or Maine. Producers must register separately in every state where they are covered. Missing a state can result in enforcement action, including fines and orders to cease sales.

Not Tracking Packaging Weights

EPR fees are calculated based on packaging data — primarily weight by material type. If you cannot provide accurate packaging data, the PRO may estimate your fees using default assumptions that are typically higher than actual amounts. Start weighing and recording your packaging materials now, even if you are not yet covered.

Missing Registration Deadlines

EPR registration deadlines are firm. Maine's producer obligations began July 1, 2024. Oregon's begin July 1, 2025. California's registration process is already underway. Late registration can trigger penalties and may prevent you from legally selling packaged products into the state until you come into compliance.

Confusing EPR with Recycling Label Laws

EPR packaging laws (producer fees and registration) are separate from recycling labeling laws like California SB 343, which restricts the use of the chasing arrows recycling symbol on packaging. A product can comply with SB 343's labeling rules and still be out of compliance with SB 54's EPR requirements — and vice versa. These are distinct regulatory programs with different obligations.

Overlooking Marketplace Seller Obligations

Some state EPR laws define "producer" to include not only brand owners and importers but also sellers who use their own packaging — including private-label or white-label sellers on marketplaces. If you repackage products or add branded packaging before shipping, you may be classified as a producer even if you did not manufacture the underlying product.