As more states pass extended producer responsibility laws, it’s becoming more urgent to understand how this issue could affect your company and what your obligations may be.

So far, seven U.S. states (and nine Canadian provinces) have adopted EPR laws for packaging, with more initiating needs assessments and other preliminary measures in 2025.

What Is EPR?

Extended producer responsibility is the idea that if a business puts a material onto the market, it should bear some burden for keeping that material out of a landfill. EPR laws are nothing new, with rules long on the books aiming to keep tires, mattresses and other specific items out of landfills.

  • These laws require producers to register with the designated producer responsibility organization, report packaging data and pay fees based on the amount and type of packaging materials they introduce into the market.

In short, EPR laws aim to charge “producers” (which is hard to define and specific to each business) a fee to support public recycling efforts. Part of the aim is to create a more circular model that boosts both supply and demand of recycled materials.

RELATED: EPR Laws Are Coming For Your Company’s Packaging Data

Seven states currently have active EPR laws for packaging, with programs underway: California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington. Oregon’s materials collection program and fees started last July, followed by Colorado’s activation last month. California’s packaging EPR program is expected to take effect in January 2027, despite a recent delay in releasing the finalized rules.

In 2025, 10 more states actively explored end-of-life regulations for packaging, mostly through needs assessments, which are a critical step to establishing a foundation for future regulation:

  1. Connecticut: A bill introduced in 2025 called for a “formal study on the need and viability” of packaging EPR regulation but did not come up for a vote.
  2. Hawaii: The Aloha State enacted a law mandating a packaging EPR needs assessment in 2025, with the study results due to the state legislature by the end of 2027.
  3. Illinois: Companion House and Senate bills were introduced in February 2025 but remain in committee.
  4. Massachusetts: A packaging EPR bill introduced in 2025 was reported favorably to the full state senate and could make progress in 2026. The bill aims to finance recycling infrastructure, increase recycling rates and eliminate recycling costs for residents. 
  5. Nebraska: A bill filed in January 2025 proposed EPR data collection, minimum recycled content and other similar initiatives. The EPR portion of the bill would require producers to provide the state with data on packaging recycling and management. This bill was carried over and remains active.
  6. New Jersey: A bill first proposed in 2024 and debated in 2025 was reintroduced in January 2026. It would require producers of packaging products sold in New Jersey to adopt and implement packaging product stewardship plans.
  7. New York: Multiple EPR bills were filed last year, with two companion bills making progress before stalling.
  8. North Carolina: A bill filed in April 2025 would establish EPR for packaging and ban certain toxic substances in packaging materials (including intentionally added PFAS).
  9. Rhode Island: Ocean State legislators revised a proposal to establish a packaging EPR system with a recycling needs assessment. The study bill was signed into law in June 2025.
  10. Tennessee: The Tennessee Waste to Jobs Act, filed in 2025 and deferred for consideration until this year, was first filed in 2024 as the Tennessee Waste Reduction and Recycling Act.

Navigating Compliance With U.S. Packaging EPR Laws

Absent a national standard, compliance can pose significant challenges. Each state’s law is different, with variables including timelines and deadlines, the definition of “producer,” what materials are covered, exemptions and more.

The best place to get started is Circular Action Alliance. CAA was founded in 2022 and is guided by producers representing the food, beverage, consumer goods and retail industries.

You’ll have to sign up (it’s free) and share some of your company’s data to get answers, but CAA exists to help businesses figure out what these packaging EPR rules mean for their particular circumstances. And it’s cheaper to sign up and find out what you may (or may not) owe than assume you’re not obligated and get socked with steep fines for noncompliance.

READ MORE: Packaging EPR: What Promo Firms Need To Know To Get Started

In November, PPAI hosted a webinar to help members understand how this issue could affect your promo business, what your obligations may be and what you can do to prepare and achieve compliance. The Association also produced a white paper detailing current state packaging EPR laws with input from leading sustainability compliance law firm Taft. The Association will continue to monitor these regulations and provide updates.

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Please contact Rachel Zoch, PPAI’s public affairs manager, at rachelz@ppai.org if you have any questions about regulatory issues or government affairs.