In both the US and EU, new legislation is shifting the costs related to the management of waste from municipalities to producers. Known as Extended Producer Responsibility (EPR), these laws turn packaging from a simple operational cost into a compliance issue, with new considerations for packaging strategies based on their recycling potential.

What Is Extended Producer Responsibility (EPR)?

Extended Producer Responsibility (EPR) makes producers financially responsible for managing the waste from their packaging. This includes costs for collection, sorting, and recycling. The goal is to encourage more sustainable packaging design and fund the infrastructure needed to process waste effectively, which in the past has been a cost absorbed by consumers and municipalities.

Although the core concepts of EPR have already been explored and expanded for years in Europe, it has also gained momentum in the United States, creating a regulatory landscape that requires careful navigation based on the fact that current legislation for packaging EPR has been driven on a state level.

Learn more about the Packaging and Packaging Waste Regulation in the EU

The United States of EPR

Although the core concepts of EPR have already been explored and expanded for years in Europe, it has also gained momentum in the United States, creating a regulatory landscape that requires careful navigation based on the fact that current legislation for packaging EPR has been driven on a state level

Producer Responsibility (EPR) for packaging is rapidly reshaping the regulatory landscape in the United States. While no federal mandate currently exists, seven states have enacted significant legislation that shifts the burden of managing packaging waste from local governments to the producers themselves.

For logistics executives and operational leaders, tracking these state-specific requirements is critical for maintaining compliance and avoiding market disruption. The following summary outlines the key legislation, enactment dates, and critical deadlines for the seven states leading this shift.

1. Maine

Maine was the first state to adopt a dedicated EPR law for packaging, setting the precedent for producer responsibility in the US.

Legislation: An Act To Support and Improve Municipal Recycling Programs and Save Taxpayer Money (LD 1541)

Enacted: July 2021

Key Provisions:

• Producers must pay into a stewardship fund based on the amount and recyclability of packaging material they introduce into the state.
• Funds are used to reimburse municipalities for recycling costs.

Critical Deadlines:

• 2026: Implementation of the program is expected to begin, with initial producer payments anticipated shortly thereafter.

2. Oregon

Oregon’s approach emphasizes shared responsibility, integrating producer obligations with existing recycling infrastructure.

Legislation: Plastic Pollution and Recycling Modernization Act (SB 582)

Enacted: August 2021

Key Provisions:

• Producers are required to join a Producer Responsibility Organization (PRO).
• The law mandates uniform statewide recycling lists to reduce consumer confusion.

Critical Deadlines:

• 2026: First annual dues payments required at year start.
• 2028: 25% recycling target milestone for plastic packaging.

3. Colorado

Colorado’s legislation focuses on creating a fully producer-funded recycling system for all residents.

Legislation: Producer Responsibility Program for Statewide Recycling Act (HB22-1355)

Enacted: June 2022

Key Provisions:

• Requires companies to fund a statewide recycling system for packaging and printed paper.
• Establishment of a PRO to manage the program and set recycling targets.

Critical Deadlines:

• 2026: Producers must begin paying dues to the PRO, marking the start of full program funding.

4. California

California enacted one of the most comprehensive EPR laws, combining responsibility with aggressive waste reduction targets.

Legislation: Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54)

Enacted: June 2022

Key Provisions:

• Mandates that all packaging in the state be recyclable or compostable by 2032.
• Requires a 25% reduction in plastic packaging by weight and unit by 2032.
• Producers must pay $500 million annually into a mitigation fund starting in 2027.

Critical Deadlines:

• 2026: Final approval of regulations and PRO program plan.
• 2027: First payments into the environmental mitigation fund are due.

6. Minnesota

Minnesota’s law is notable for its broad stakeholder engagement and specific waste reduction targets.

Legislation: Packaging Waste and Cost Reduction Act (HF 3911 / SF 3877)

Enacted: May 2024

Key Provisions:

• Establishment of a PRO to manage registration, reporting, and fee collection.
• By 2032, all packaging must be recyclable, compostable, or reusable.

Critical Deadlines:

• October 1, 2028: PRO deadline to submit stewardship plans.
• February 1, 2029: Full program implementation begins; producers must be registered and compliant.

5. Maryland

Maryland has taken a foundational step by authorizing a needs assessment to determine the future structure of its EPR system.

Legislation: SB 901 (the Packaging and Paper Products – Producer Responsibility Plans Act) 

Enacted: May 13, 2025

Key Provisions:

• Establishes a PRO to conduct a statewide needs assessment.
• The assessment will analyze current recycling infrastructure and determine necessary improvements before full EPR implementation.

Critical Deadlines:

• July 1, 2026: Additional PROs will be added to the plan, aside from the CAA.
• July 1, 2027: Additional covered materials list will be released.

7. Washington

The most recent law to pass, the WRAP Act joins the fold of packaging EPR laws enacted on a state level.

Legislation: SB 5284 (the Recycling Reform Act, or WRAP Act)

Enacted: May 17, 2025

Key Provisions (SB 5022):

• Requires minimum post-consumer recycled content in plastic trash bags, beverage bottles, and household cleaning and personal care containers.
• Bans certain expanded polystyrene products.

Critical Deadlines:

• July 1, 2026: Producers must be a member of a PRO or register with a PRO.
• March 1, 2029: Law enforcement will begin to apply for non-registered producers.