Five U.S. states—California, Colorado, Oregon, Maine, and Minnesota—have adopted Extended Producer Responsibility (EPR) packaging laws. Washington and Maryland recently followed. Key compliance deadlines range from mid‑2025 through 2026. Brands selling packaged consumer goods must register, report, pay fees, and fund recycling programs under these laws—noncompliance can result in significant fines or losing market access.
What is Packaging EPR and Why It Matters
In the face of increasing packaging waste and pressure to meet climate and sustainability goals, states are turning to Extended Producer Responsibility (EPR) frameworks to shift the burden of recycling and end-of-life packaging management from taxpayers to producers. The logic is simple: if you make or sell the packaging, you must help pay to dispose of it responsibly. EPR schemes also incentivize eco-friendly packaging design and reduce reliance on municipal budgets.
For businesses, these laws represent a significant shift in liability and operations—especially for national brands that now must navigate a patchwork of state-specific rules.
How does packaging EPR work?
EPR packaging laws generally require companies to:
- Register with a state‑approved Producer Responsibility Organization (PRO)
- Submit data on packaging quantities sold
- Pay fees based on weight/type of materials
- Fund recycling services
This incentivizes circular product design and funds local waste infrastructure.
Who’s Covered—and What Packaging Counts
Which businesses and materials are impacted?
EPR laws cast a wide net. Any company that introduces packaged products into covered states—including manufacturers, private labelers, brand owners, and even some importers—is subject to compliance.
“Packaging” is broadly defined across states but generally includes:
- Primary packaging: wrappers, boxes, and containers used for individual products
- Secondary packaging: grouped packaging like trays or boxes around multipacks
- Tertiary packaging: pallets, stretch film, and shipping materials (covered more narrowly in some laws)
Covered materials often include:
- Single-use plastics
- Rigid and flexible plastic containers
- Paper and cardboard
- Aluminum and metal packaging
- Glass bottles and jars
- Composite packaging (e.g., cartons)
Many of these EPR laws also introduce eco-modulated fees—charging less for easily recyclable packaging and more for harder-to-recycle formats. This creates financial incentives to redesign packaging with recyclability in mind.
EPR also introduces complex concepts such as “de minimis” exemptions, shared producer liability, labeling requirements, and audit rights. Businesses must assess their role in the distribution chain for each jurisdiction.
State-by-State Summary: What’s Required, When, and What Happens If You Don’t Comply
| State | Covered Products | Final Compliance Deadline | Penalties |
|---|---|---|---|
| California | Single-use packaging, plastic foodware, e-commerce shipping materials | Full compliance by Jan 1, 2027 | Civil penalties up to $50,000 per violation/day |
| Colorado | Packaging and printed paper | PRO registration by Jul 1, 2025 | Fines up to $20,000 per day |
| Oregon | Packaging, paper products, food service ware | Reporting by Mar 31, 2025; fees by Jul 1, 2025 | Enforcement by DEQ; penalties up to $25,000/day |
| Maine | Consumer packaging (broad definition) | Compliance begins in 2026 | Suspension from market; financial penalties TBD |
| Minnesota | All packaging used by producers who meet threshold | Effective Jul 1, 2025; implementation by 2028 | State penalties for noncompliance TBD |
| Washington | All plastic and paper packaging sold into state | Implementation starts Jul 1, 2026 | TBD; rulemaking in 2025 expected to define penalties |
| Maryland | Packaging from consumer products | Effective Oct 1, 2025 | TBD during implementation phase |
4. What You Should Do Now
To prepare:
- Identify obligations: Determine if you’re a producer under each state’s hierarchy (brand > licensee > importer).
- Register & report: Set systems to collect material data and file registrations by deadlines.
- Join a PRO: Most states use a centralized producer responsibility organization to handle compliance.
- Budget accordingly: Plan for fee payments tied to packaging volume and type.
- Avoid penalties: Fines range from $5,000–$50,000/day; non‑registration can lead to sales bans.
FAQ: Packaging EPR Essentials
Question 1: Does it only apply in‑state sales?
Answer: No. Any shipment into covered jurisdictions counts—even remote/online sales.
Question 2: Can suppliers bear the cost?
Answer: Liability rests with brand owners or importers. You may pass costs through contracts, but joint compliance remains your responsibility.
Question 3: Small brands exempt?
Answer: Some thresholds or exemptions may apply—check individual state rules carefully.
Question 4: What if I ignore it?
Answer: Expect heavy fines, sales prohibition, and reputational harm.
Juris Law Group, P.C. Legal Edge
At Juris Law Group, we guide consumer-products companies through packaging EPR complexities:
- Determining producer status under varied state hierarchies
- Launching registration and reporting workflows
- Drafting contracts passing costs to suppliers effectively
- Ensuring product labeling meets state-specific design or recycled-content rules
- Advising on cross‑jurisdictional compliance strategies
Why Act Now
This patchwork of state-level packaging EPR is rapidly accelerating—more states like Washington and Maryland are joining in 2025. The July‑August window for report filing is already open in Colorado, Oregon, and California. Early adopters can influence regulations and streamline compliance, while laggards risk market access.
Recommended Next Steps:
- Perform jurisdictional impact analysis
- Audit packaging types and volumes
- Register with PROs now
- Build data reporting tools
- Reach out to Juris Law Group for legal and contract support
By anticipating these EPR regimes, your brand can stay compliant, control costs, and stand out as an eco-conscious leader.
