“EPR” may be the most important acronym you haven’t heard of yet, but as more states enact extended producer responsibility laws governing packaging like boxes and polybags, it’s time to get to know how this issue could affect your company.
So far, seven U.S. states (and nine Canadian provinces) have adopted EPR laws for packaging, with several more launching needs assessments and other preliminary measures. 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.
“These state-level laws are real, they’re multiplying like packing peanuts in a gust of wind, and they’re going to affect both suppliers and distributors,” says Elizabeth Wimbush, PPAI’s director of sustainability and responsibility.
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Read on for a rundown of what extended producer responsibility for packaging entails and a summary of the active EPR laws in the U.S., including key deadlines for registration, reporting and fee payments.
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 the landfill. EPR laws are nothing new, with rules long on the books aiming to keep tires, mattresses and other specific items out of landfills.
Elizabeth Wimbush
Director of Sustainability & Responsibility, PPAI
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.
The good news is that the fees are modulated, meaning the less packaging you use and the more recycled/recyclable it is, the lower the fees. In other words, bigger polluters pay more. Reducing your packaging then means reduced expenses – both for the materials in the first place, and in lower EPR fees. Also, most of these laws include exemptions for smaller companies based on revenue or the overall amount of packaging.
“This is a chance to step up, embrace smarter design, work with better partners and show buyers we’re not just slapping logos on stuff,” adds Wimbush. “We’re thinking about where that stuff ends up and breaking up with ‘brandfill’ for good.”
RELATED: Guide To Reducing Waste In Packaging For Promotional Products
Extended producer responsibility conversations can quickly turn into alphabet soup. Here are four key terms defined to help understand the EPR landscape:
- EPR: Extended producer responsibility expands a producer’s responsibility for a product to the post-consumer stage of its life cycle.
- PRO: A producer responsibility organization (aka stewardship organization or SO) assists producers with registration and reporting, as well as the collection and recycling or disposal of discarded products and waste.
- PCR: Post-consumer recycled materials are captured after they have been purchased and used. (Contrast with reusing scraps and other materials before they become manufacturing waste.)
- Eco-modulation: This term refers to bonuses and penalties based on a producer’s supply data. Bonuses are applied when a producer brings materials considered desirable or easy to manage in the framework, whereas penalties are financial consequences applied to material types considered difficult to recycle or otherwise safely process.
Elizabeth Wimbush, PPAI
How To Get Started With Packaging EPR Compliance
Although the overall goals are similar, 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.
“It can be confusing, because ‘producer’ doesn’t always mean the same thing everywhere,” Geoff Inch, CAA’s senior vice president of producer services, told PPAI Media in a 2024 interview. “… When you register with us – and even prior to – as part of helping you understand whether you should register, we’re trying to provide convenient access to those definitions so that people can … take their own unique business model and apply it against those definitions.”
READ MORE: Packaging EPR: What Promo Firms Need To Know To Get Started
It’s also important to note that these laws apply to anyone doing business in the states where these laws are in effect, even if it’s just fulfilling an e-commerce order. Below are some key details and due dates for the seven currently active packaging EPR laws.
Packaging EPR Deadlines By State
Although similar in goals and scope, the seven different state laws have different fee collection requirements and timelines. Oregon is the first state where the materials collection program and its fees take effect on July 1, followed by Colorado in January 2026 and California in January 2027.
Here are deadlines for the states with active laws so far (alphabetical order) – please note that some have already passed:
California (SB 54)
Registration: April 1, 2025 (with CAA) and July 1, 2025 (with CalRecycle)
Reporting:
◦ August 1, 2025: Submit data for the first six months of 2025.
◦ November 15, 2025: CAA reporting deadline for 2023 data.
Fee Payments: January 2027
Colorado (HB 22-1355)
Registration: October 1, 2024 (with CAA)
Reporting: July 31, 2025: Submit 2024 packaging data.
Fee Payments: January 1, 2026
Maine (LD 1541)
Registration: May 1, 2026 (with PRO to be determined by April 2026)
Reporting: May 1, 2026: Submit 2025 packaging data.
Fee Payments: September 1, 2026
Maryland (SB 901)
Law Enacted: May 13, 2025
Covered Materials List: July 1, 2027 (due from state agency)
Producer Responsibility Plan: July 1, 2028 (due to state from CAA, with update due every five years)
Fee Payments: July 1, 2028
Minnesota (HF 3911)
Registration: July 1, 2025 (with CAA)
Needs Assessment: December 31, 2026 (due from state agency)
PRO Stewardship Plan: October 1, 2028
Producer/PRO Agreements: January 1, 2029
Fee Payments: February 1, 2029
◦ Packaging and paper products must be refillable, reusable, recyclable or compostable by January 1, 2032.
Oregon (SB 582)
Registration & Reporting: March 31, 2025 (with CAA)
Materials Collection Begins: July 1, 2025
Fee Payments: July 1, 2025
Washington (SB 5284) (no state page yet on CAA site as of this publication)
Law Enacted: May 17, 2025
PRO Appointments: January 1, 2026 (as selected by each producer)
PRO Registration: March 1, 2026 (with state agency)
Producer Registration: July 1, 2026 (with PRO selected by producer)
Needs Assessments: December 2026 & 2027 (by state agency)
PRO Annual Registration Fee: May 1, 2027
◦ A producer not registered with a PRO or acting as an independent PRO by March 1, 2029, may not introduce covered materials into the state.
Key Takeaways for Promo
The two most important steps your company can take now are to register with the designated PRO for each state to ensure compliance and to collect your company’s packaging data and prepare to report it according to state-specific criteria and deadlines. (So far, only CAA has been selected across the seven states, but other PROs or SOs may emerge.)
PPAI is working on high-level guidance to help members navigate these regulations, and CAA provides producer onboarding sessions that offer an overview of various program requirements. CAA and any other PRO should be able to help determine whether your company qualifies as a “producer” and any resulting obligations under each state law, as well as estimate potential fees.
For questions or suggestions on regulatory or government affairs issues, please contact Rachel Zoch. PPAI’s public affairs manager, at RachelZ@ppai.org.
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