Extended producer responsibility for packaging went from a policy idea to an operating reality in the United States in under five years. As of late 2026, seven states have enacted packaging EPR laws: Maine, Oregon, Colorado, California, Minnesota, Maryland and Washington. The programs are at very different stages, and the details matter for any company that sells packaged goods into those states.
What packaging EPR actually requires
The basic structure is the same everywhere. Brand owners (the “producers”) register with a producer responsibility organization, report the packaging they put on the market by material and weight, and pay fees that fund collection, sorting and processing. Fees are typically “eco-modulated,” meaning harder-to-recycle materials cost more per ton than materials with strong end markets. Small producers are usually exempt below a revenue or tonnage threshold.
What differs is timing, who runs the program, how fees are set, and how much of the cost shifts from municipalities to producers.
State by state
Oregon
Oregon’s Plastic Pollution and Recycling Modernization Act was the first program to begin charging producers, with fees starting in mid 2025. Circular Action Alliance (CAA) is the approved PRO. The law has already drawn litigation from industry groups over how fees were set, and 2026 has been the first full year of reporting and payment for most registered producers.
Colorado
Colorado’s program, also run by CAA, began charging producer dues on January 1, 2026. The state is notable for its plan to expand curbside recycling access statewide using producer funding rather than municipal budgets.
California
SB 54 is the largest program by far, with source reduction targets layered on top of recycling and recyclability requirements. It has also been the most contested. Draft regulations were withdrawn and rewritten, producers and environmental groups have both sued, and a related law on recyclability claims, SB 343, has been tied up by a court injunction. Companies selling into California should treat the compliance timeline as moving and watch CalRecycle rulemaking closely.
Minnesota
Minnesota’s Packaging Waste Reduction Act requires producers to register with the PRO by July 1, 2026, with a needs assessment and fee schedule following. It is the next program expected to begin collecting money.
Maine
Maine passed the first law in 2021 but chose a state-run stewardship model rather than a producer-run PRO, which has made implementation slower. Rulemaking continues and producer payments are still ahead.
Maryland and Washington
Both states passed laws in 2025. Each starts with a statewide needs assessment before producer obligations kick in, so the compliance clock is running but the bills have not yet arrived.
The related mandates: recycled content
Alongside EPR, several states now require minimum post-consumer recycled content in plastic packaging. Washington, Maine and Connecticut have PCR mandates in effect or phasing in, joining California and New Jersey. These rules push demand for recycled PET, HDPE and PP, which is why EPR fee schedules and PCR mandates are increasingly discussed together.
What this means for operations teams
- If you sell packaged products in any of the seven states, confirm whether you meet the producer definition and the exemption thresholds. Many mid-sized brands are surprised to learn they qualify.
- Build a packaging data set now: material type, weight per unit, and units sold per state. Every program asks for a version of this.
- Excess, obsolete or recalled packaged inventory still counts as material you put on the market. How you dispose of it matters for both EPR reporting and sustainability claims. Certified recycling with documentation is the cleanest path.
- Expect more states. Bills have been filed in New York, New Jersey, Illinois, Massachusetts and others.
We will update this page as programs move. For the latest on each state, the state environmental agency and Circular Action Alliance remain the primary sources.
Need a disposal or recycling partner?
Real Zero Waste is published by Wasteless Group, a U.S. inventory destruction, recycling and sustainable disposal company. If you have product, scrap or equipment to move, these are the services:
Disclosure: these services are operated by our publisher. Editorial coverage is not influenced by them.
