EPR Laws for Packaging in the United States

Packaging waste has become a significant global concern due to its environmental impact, leading to a growing trend towards sustainable packaging practices. Extended Producer Responsibility (EPR) is a policy approach that is gaining traction worldwide to address this issue. EPR shifts the responsibility for the end-of-life disposal of products and packaging from consumers and local governments to producers. By adopting EPR programs, producers are incentivized to design more eco-friendly packaging, promote recycling, and take responsibility for the entire life cycle of their products.

While many countries and regions have established or are in the process of implementing EPR regulations, this article focuses on the EPR packaging regulatory framework in the United States.

Overview

Currently, the United States does not have a federal EPR law. Instead, EPR initiatives are developed and implemented at the state level. States such as Maine, Oregon, and Washington have enacted legislation requiring producers to take responsibility for managing packaging waste. Though details and timelines vary, these laws share common goals: to boost recycling rates, reduce landfill waste, and foster innovation in sustainable packaging design.

States with EPR Laws

1. Maine

Maine became the first U.S. state to enact an EPR law for packaging through Legislative Document 1541 in July 2021. The law establishes a stewardship program for packaging materials, overseen by the Maine Department of Environmental Protection, which applies to all packaging types.

EPR for Packaging in Marine
Regulations	An Act to Support and Improve Municipal Recycling Programs and Save Taxpayer Money (Legislative Document 1541)
Signed into Law	July 12, 2021
Covered products	Packaging material, defined as materials used for the containment, protection, delivery, presentation, or distribution of a product when it leaves a point of sale or is received by the consumer. However, the following are excluded: Packaging intended for the long-term storage or protection of a durable product for a period of at least 5 years. Beverage containers subject to existing bottle deposit legislation. Containers for architectural paint already covered under an effective stewardship program provided certain performance goals are reached.
Who must register for EPR	Producers as responsible parties for EPR registration. A producer is defined as: The brand owner of the packaged product; or The sole importer of the product into Maine if the brand owner has no U.S. presence. Exemptions: Certain entities, such as small businesses and charitable organizations, are excluded from the EPR requirements. Detailed information about these exemptions can be found in the Act.
Ways to implement EPR requirements	Producers have two options for compliance: 1. Join the designated Stewardship Organization (SO): The state will select an SO by 2026 through a competitive bid process. Producers must join the SO and report packaging data by May 2026. Initial producer payments will begin in September 2026. 2. Establish an alternative collection program: producers can opt to independently collect and manage their packaging materials in compliance with state regulations. An alternative collection program must be approved by the department.
Producer Responsibility Organization (PRO) Management	Maine’s packaging stewardship program will be coordinated by a SO, selected via a competitive bid process. The state will contract the chosen SO to manage the program. The Circular Action Alliance (CAA), a nonprofit organization formed by 20 companies from the food, beverage, consumer goods, and retail sectors, has announced plans to bid for this role. The SO selection process is expected to conclude in 2026.

2. Oregon

Oregon followed closely with Maine’s EPR program, passed under Senate Bill 582 in August 2021. The program, managed by the Oregon Department of Environmental Quality (DEQ), requires producers to join a Producer Responsibility Organization (PRO) that manages the collections, recycling, and reporting of packaging waste. Producers shall report the types and quantities of packaging they distribute in Oregon and pay fees to support waste management and recycling infrastructure.

EPR for Packaging in Oregon
Regulations	Senate Bill 582
Signed into Law	August 6, 2021
Covered products	Packaging, printing and writing paper, food serviceware, excluding beverage containers, bound books, napkins/paper towels/other paper for cleaning or the absorption of liquids, rigid pallets, etc.
Who must register for EPR	Producers are responsible for EPR registration under Oregon’s law. The definition of a producer depends on the nature of the packaging and the supply chain: For items sold in packaging at a physical retail location in Oregon, if the item is sold in packaging under the manufacturer’s own brand or packaging without a brand, the producer is the manufacturer of the packaged item. If the item is manufactured by another party under a brand owner’s license or trademark, the licensee of the brand or trademark is considered the producer. If neither a brand nor a licensee exists, the producer is the importer of the packaged item into the U.S. for use in a commercial enterprise within the state. Exemptions: The law excludes small businesses, public bodies, charities, and retailers from EPR requirements. Detailed eligibility and exemption criteria are outlined in the bill.
Ways to implement EPR requirements	Producers shall follow these steps to comply with the EPR law: Register with the CAA after July 1, 2024 Report data on packaging materials to the CAA by March 31, 2025 (covering calendar year 2024) Pay producer fees starting in July 2025
PRO Management	Oregon’s Senate Bill 582 allows for multiple PROs to manage the program. However, as of the March 31, 2024, deadline, the CAA was the only organization to submit a program plan to the DEQ. Consequently, CAA is currently the sole applicant for PRO designation and has urged covered producers to register without delay.

3. Colorado

Colorado adopted its EPR law for packaging through House Bill 22-1355, signed into law in June 2022. Managed by the Colorado Department of Public Health and Environment (CDPHE), the legislation mandates producers to participate in a PRO, which funds and oversees the recycling of packaging materials and paper products.

EPR for Packaging in Colorado
Regulations	House Bill 22-1355
Signed into Law	June 3, 2022
Covered products	Packaging materials: These include materials intended for single or short-term use, designed to contain, protect, handle, or deliver products to consumers at the point of sale, including those sold online. Paper products: Items such as flyers, brochures, booklets, magazines, and writing paper are included. Exclusions: The law excludes certain materials, including: packaging materials intended for the long-term storage of a durable product (minimum 5 years), paper products that could become unsafe or unsanitary through use, bound books, etc. For the complete list of exclusions, refer to the bill.
Who must register for EPR	Producers are responsible for EPR registration. The law defines a producer as: The manufacturer: If a product is sold or distributed in Colorado using packaging materials under the manufacturer's brand or without any brand identification, the producer is the manufacturer. The licensee: If another party manufactures the product under a licensed brand or trademark, the licensee is considered the producer, regardless of whether the trademark is registered in Colorado. The importer: If no brand or licensee exists, the producer is the importer of the product into the U.S. for use in a commercial enterprise operating within the state. Exemptions: Small businesses, public bodies, charities, and retailers are excluded from the EPR requirements. Further details on exclusions can be found in the bill.
Ways to implement EPR requirements	Producers have two compliance options: 1. Join the designated PRO: Register with the CAA by October 1, 2024 Submit the first data report by August 31, 2025 (covering Q1-Q2 2025) Begin paying producers fee starting January 2026 2. Alternative Compliance: producers may comply individually by establishing their own waste management solutions, but shall notify their intent to the state by January 1, 2024.
PRO Management	In May 2023, the State of Colorado selected the CAA as the designated PRO. The CAA will be responsible for managing the program exclusively through 2028.

4. California

California’s EPR program, established by Senate Bill 54 (commonly known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act), became law in June 2022. Administered by CalRecycle, the program obligates producers to join a PRO, report packaging data, and pay EPR fees. Like Colorado, the CAA serves as the PRO responsible for implementing the program in California.

EPR for Packaging in California
Regulations	Senate Bill 54
Signed into Law	June 30, 2022
Covered products	Single-use packaging: This includes materials typically discarded, recycled, or disposed of after their contents are used or unpackaged and are not refilled or reused by the producer. Plastic single-use food service ware: This includes plastic-coated paper or paperboard, paper or paperboard with plastic intentionally added during the manufacturing process, and multilayer flexible material. Examples include trays, plates, bowls, clamshells, lids, cups, utensils, stirrers, hinged or lidded containers, straws, wraps or wrappers, and bags sold to food service establishments. Exclusions: The law excludes specific items, such as medical products including devices or prescription drugs under the Federal Food, Drug, and Cosmetic Act, animal medicines, infant formula, etc. For the complete exclusion list, refer to the bill.
Who must register for EPR	Producers are responsible for EPR registration. The law defines a producer as: The manufacturer: A person who manufactures a product using covered material and owns or licenses the brand or trademark under which the product is sold or distributed in California. The brand licensee: If the brand owner is not the manufacturer, the producer is the licensee of the brand or trademark. The seller or distributor: If no brand owner or licensee exists in the state, the producer is the person who sells or distributes the product using covered material in or into California. Exemptions: Small businesses are excluded from EPR obligations. For more detailed requirements, refer to the bill.
Ways to implement EPR requirements	Producers have two compliance options: 1. Join the designated PRO: Register with the CAA by July 1, 2025 Submit the first data report by August 31, 2025 (covering Q1-Q2 2025) Begin paying producer fees starting January 2027 2. Alternative Compliance: producers may opt to comply individually but must meet with stringent state requirements.
PRO Management	On January 8, 2024, the CAA was selected by CalRecycle as California’s inaugural and sole PRO. The CAA will oversee program management exclusively through 2030.

5. Minnesota

Minnesota joined the ranks of EPR states in May 2024 with the passage of the Packaging Waste and Cost Reduction Act (House File 3911). Managed by the Minnesota Pollution Control Agency, the law requires producers to join or establish a PRO to fund and manage the recycling of packaging waste. Producers are required to report packaging data and pay EPR fees associated with their market share.

EPR for Packaging in Minnesota
Regulations	House File 3911
Signed into Law	May 21, 2024
Covered products	Packaging: Defined as materials used for containment, protection, delivery, or presentation of products. Covered material types include paper, plastic, metal, or glass, categorized based on distinguishing chemical or physical properties for purposes of reuse, recycling, or composting. Paper products: Products primarily made from wood pulp or cellulosic fibers, excluding bound books or paper products deemed unsafe or unsanitary for recycling or composting. Exclusions: Certain materials are excluded, such as: packaging for infant formula, packaging for medical food. For the full list of exclusions, refer to the legislation.
Who must register for EPR	Producers are responsible for EPR registration. The law defines a producer as: The manufacturer: If the item is sold in or with packaging under the manufacturer’s brand or lacks identification of a brand, the producer is the person manufacturing the item. The brand licensee: If the brand is licensed to another manufacturer, the licensee is considered the producer. The brand owner: If no brand manufacturer or licensee exists, the producer is the brand owner. The importer of record: If no brand manufacturer, licensee, or owner exists, the producer is the importer who first brings the item into the U.S. for commercial distribution. The distributor: If no importer is identified, the producer is the person first distributing the item in Minnesota. Exemptions: Small businesses, governments, and charities are excluded from EPR obligations. For detailed requirements, refer to the house file.
Ways to implement EPR requirements	Appoint a non-profit PRO by January 1, 2025, and join by July 1, 2025. The EPR program is expected to launch in early 2029. Reporting deadlines not yet announced.
PRO Management	A sole PRO and advisory board will be appointed in January 2025. The CAA is expected to assume the role of Minnesota’s PRO.

Conclusion

The growing adoption of EPR laws at the state level signals a shift toward greater producer accountability in the United States. While the absence of a national framework results in a patchwork of state-specific regulations, these laws collectively aim to address the environmental challenges posed by packaging waste. As more states consider EPR legislation, like Hawaii, Illinois, Massachusetts, New Hampshire, New Jersey, New York, Tennessee, and Washington, the trend underscores the importance of sustainable packaging design and effective recycling systems in mitigating waste and pollution.

For a comprehensive understanding of EPR regulations across global regions and strategies for compliance, ChemLinked invites you to attend our webinar: Navigating Global Extended Producer Responsibility (EPR) Regulations for Packaging.