Extended Producer Responsibility (EPR) laws for packaging are no longer theoretical or confined to pilot programs. Several states are already collecting data, assessing fees, or preparing to enforce registration requirements—and 2026 is shaping up to be the year when noncompliance starts carrying real operational and financial consequences.
For companies that sell packaged goods across multiple states, the issue is no longer whether EPR applies, but whether internal systems are ready for it.
Why 2026 Is a Turning Point
Until recently, many EPR laws were stalled in rulemaking or limited to early data collection. That window is closing. States like Oregon are already operational, others are finalizing fee structures, and more are setting firm registration deadlines.
The practical effect is straightforward: packaging data that was once “nice to have” is becoming legally required, and mistakes will compound over time as more states adopt similar frameworks.
Key EPR Packaging Compliance Dates by State
| State | Status | Next Required Action | Incoming Dates | Business Impact |
| California | Enacted (SB 54) | Prepare for PRO participation or individual plan | 2026: Final regulations expected Jan. 1, 2027: Compliance required |
Broad scope, aggressive recycling and reduction targets |
| Oregon | Operational | Annual reporting and fee payments | May 2026: Report 2025 data July 2026: Fees assessed |
First state actively enforcing EPR obligations |
| Colorado | Implementation phase | Data reporting ahead of fee collection | May 2026: Report 2025 data Jan. 2027: Fees begin |
Less margin for error once fees start |
| Maine | Implementation phase | Registration and reporting | May 2026: Registration and data submission Sept. 2026: Payments |
State-managed model with direct agency oversight |
| Maryland | Early implementation | Producer registration | July 1, 2026: Registration deadline | Failure to register may limit market access later |
| Minnesota | Early implementation | Program setup underway | 2026: Registration and reporting expected | Deadlines will move quickly once finalized |
| Washington | Enacted | Rulemaking in progress | 2026–2027: Phased rollout | Compliance obligations forthcoming |
Dates may shift through rulemaking, but the direction is clear: enforcement is coming.
What Many Companies Are Missing
The most common miscalculation is assuming EPR compliance is primarily a sustainability issue. It cuts across legal, finance, supply chain, and product development teams.
Another recurring issue is data dependency. Packaging information often sits with suppliers or co-packers, and contracts may not require the level of detail EPR reporting demands. By the time a reporting deadline arrives, companies may discover they cannot reliably calculate state-specific packaging weights.
What to Do in the Next 90 Days
For most producers, the next three months are about groundwork—not perfection.
1. Map your packaging footprint
Create a consolidated list of all packaging components used across SKUs, including primary, secondary, and tertiary packaging. Even estimates are better than gaps.
2. Confirm who the “producer” is
In some cases, responsibility falls on the brand owner; in others, the importer or distributor. Misidentifying this early can lead to duplicate reporting or missed obligations.
3. Review supplier and co-packer agreements
Many contracts do not address EPR data sharing. Companies should assess whether they can obtain reliable material and weight data when needed.
4. Identify which states require action in 2026
Not every EPR law hits at once. Prioritize states with registration or reporting deadlines this year and next.
5. Assign internal ownership
EPR compliance fails most often when it has no clear owner. Legal, sustainability, and finance should agree on who is responsible for filings, data validation, and payments.
6. Avoid last-minute PRO enrollment
Waiting until deadlines approach can limit options and increase costs. Early engagement provides flexibility and visibility into fee structures.
Looking Ahead
More states are expected to follow with EPR legislation, and most are borrowing heavily from existing models. That means errors made now—incorrect data, unclear producer roles, incomplete records—can repeat across jurisdictions.
Companies that treat 2026 as a preparation year will be better positioned as EPR becomes a standard cost of doing business in the U.S.
Juris Law Group advises brands and manufacturers on packaging compliance and multistate regulatory risk, and our experience shows that companies treating EPR as an operational legal issue—not a last-minute reporting task—are better positioned as enforcement increases.
FAQs
Does EPR apply to online sales?
Yes. Most laws apply to packaging sold into a state, regardless of whether products are sold in-store or online.
Can producers comply individually instead of joining a PRO?
In theory, yes. In practice, individual compliance plans are complex, expensive, and rarely used.
Are penalties already being enforced?
In operational states, regulators are signaling increased enforcement once reporting cycles mature.
Key Takeaway
EPR packaging laws are no longer an emerging issue—they are an operational reality. The next 90 days are critical for building the systems and processes that will determine whether compliance is manageable or disruptive.
