U.S. EPR Packaging Laws by State

By Devin O’Herron

What are EPR Packaging Laws?

Extended producer responsibility (EPR) requirements across the U.S. are complex and layered. Based on the “polluter pays” principle, EPR packaging laws in the U.S. require manufacturers to finance the end-of-life management for their packaging. This includes participating in and reporting data to a Producer Responsibility Organization (PRO). EPR laws are evolving rapidly, and that’s why it’s critical for manufacturers to implement EPR reporting software to avoid disruption as requirements expand. 

There is no federal EPR law in the U.S. Instead, individual states have enacted extended producer responsibility legislation

It’s important to know that compliance with one set of EPR packaging requirements doesn’t mean you’re compliant in other states. Likewise, being compliant with EPR requirements for packaging materials doesn’t equal compliance with EPR requirements for other types of products.

Passed EPR Laws by State

Disclaimer: New global EPR laws are rolling out quickly. The regulations listed on this page do not necessarily represent the entirety of regulatory activity or requirements under U.S. EPR laws. This page does not represent legal advice. It is for reference only and requirements indicated are subject to change. It is to be used to provide a high-level overview of the requirements as they are understood as of February 2026. Always refer to official state legislation for complete details about requirements.

California EPR Law

Regulation: SB 54

What’s covered: Most single-use packaging and plastic food service ware that becomes waste after one use. 

Exclusions for:

    • Prescription drugs
    • Medical devices
    • Certain long-term durable goods
    • Reusable or refillable items
    • Beverage containers already regulated under California’s Bottle Bill

Who’s in scope: A producer is defined as the person or company that makes, imports, or sells products using covered materials in California — typically the brand owner, manufacturer, or importer responsible for packaging or single-use plastic food service ware. 

Exclusions for: 

    • Manufacturing/selling empty packaging materials
    • Brand/trademark limitations
    • Retailer/wholesaler exemptions
    • Packaging associated with certain agricultural commodities
    • See §18980.1 (a)(17), (34) for full list

Requirements:

    • Register and join a PRO 
    • Track and report packaging data
    • Pay PRO fees 
    • Meet reduction, recyclability, and compostability targets
    • See §18980.5–§18980.5.1; §18980.9; §18980.10

Enforcement: $50,000 per day, per violation.

PRO(s): Circular Action Alliance

Enforcement Agency: CalRecycle

Oregon EPR Law

Regulation: SB 582

What’s covered: Packaging, printing and writing paper, and food service ware sold or distributed in Oregon. 

Exclusions for: 

    • Specialty packaging only used in industrial/manufacturing processes
    • Medical and drug packaging
    • Beverage containers covered under Oregon’s Bottle Bill

Who’s in scope: The entity responsible for putting the covered product on the market; either the brand owner, licensee, or U.S. importer if no domestic brand owner exists. 

Exclusions for: 

    • Small businesses that have less than $5 million in revenue/sold less than one metric ton of covered materials
    • Non-profits, restaurants, single-location retailers

Requirements:

    • Register and join a PRO 
    • Track and report packaging data
    • Pay PRO fees 

Enforcement: Fines up to $25,000/day as well as market access restrictions.

PRO(s): Circular Action Alliance

Enforcement Agency: Oregon Department of Environmental Quality (DEQ)

Colorado EPR Law

Regulation: HB 22-1355

What’s covered: Packaging materials (paper, plastic, glass, metal, etc.) and paper products (flyers, catalogs, magazines, etc.) that are sold or distributed to Colorado consumers. 

Exclusions for:

    • Long-term durable packaging
    • Items used in industrial processes 
    • Medical and agricultural packaging regulated under federal law 
    • Bound books, news publications, and other exempted categories determined by the state commission 
    • See Section 25-17-703(13)(b) for full list

Who’s in scope: The entity responsible for introducing covered materials into Colorado — typically the brand owner, licensee, or importer, depending on who controls the product’s packaging or publication.

Exclusions for: 

    • Very small businesses, nonprofits, or certain agricultural or construction entities, specifically those with less than $5 million in gross revenue 
    • Or entities that used under one ton of covered material in the prior year
    • See Section 25-17-713(1)

Requirements:

    • Join and fund the PRO 
    • Report material data
    • Pay annual dues
    • Comply with recycling and reporting obligations
    • Ensure products’ packaging meets recyclable and content standards 
    • See Sections 25-17-705(1)–(4), 25-17-708(1), and 25-17-709(1)–(2)

Enforcement: Administrative penalties of up to $5,000 per day for a first violation and up to $20,000 per day for repeated violations.

PRO(s): Circular Action Alliance

Enforcement Agency: Colorado Department of Public Health and Environment (CDPHE)

Rulemaking & Appeals: The Solid and Hazardous Waste Commission

Minnesota EPR Law

Regulation: HF 3911

What’s covered: Packaging and paper products, including paper, plastic, metal, glass, and compostable materials — introduced into the state’s marketplace.

Exclusions for:

    • Medical and hazardous product packaging
    • Pesticide containers
    • Certain printed media
    • See § 115A.1441, subd. 16 for full list

Who’s in scope: The entity putting covered product on the market (brand owner, licensee, importer, first distributor)

Exclusions for:

    • Government entities
    • Non-profits
    • Certain paper mills
    • De minimis producers (Section 102[16]): Less than one ton of materials or less than $5 million revenue in most recent fiscal year
    • See  § 115A.1441, subd. 26(b) for full list

Requirements:

    • Join a PRO 
    • Report to PRO and keep records
    • Pay fees when assigned of covered materials 
    • Ensure that packaging meets reusability, refillability, recyclability, or compostability requirements by 2032
    • See § 115A.1448 subd. 9(c)–(d) 

Enforcement: Civil penalties up to $25,000 per day, escalating to $50,000 or $100,000 per day for repeated violations. May also include public listing as non-compliant, and lost market access. 

PRO(s): Circular Action Alliance

Enforcement Agency: Minnesota Pollution Control Agency (MPCA)

States With Proposed EPR Laws

Maine EPR Law

Regulation: LD 1541

Regulation: LD 1541

Registration begins May 2026.

What’s covered: “Packaging material,” defined as anything used to contain, protect, deliver, or present a product at sale (including online sales) that typically becomes waste after consumer use. 

Exclusions for: 

    • Durable packaging expected to last more than five years
    • Beverage containers covered under Maine’s bottle bill
    • Paint containers already managed through an approved paint stewardship program
    • See §2146(1)(I) for a full list. 

Who’s in scope: The company that owns the brand of a packaged product sold in Maine or imports it for sale if the brand owner has no U.S. presence.

Exclusions for entities that:

    • Earn less than $2 million in gross revenue
    • Sell under one ton of packaging per year
    • Make over 50% of revenue from salvaged/closeout goods (see §2146(2) for more details)

Requirements:

    • Register with the stewardship organization
    • Report annually the weight and types of packaging used
    • Pay fees tied to the cost of recycling or disposal (with eco-modulation for recyclable or low-toxicity design)
    • See §2146(6)–(8)

Enforcement: Prohibition of sales in the state, public published listing of non-compliant producers, administrative fees up to $300,000/year. 

PRO(s): Circular Action Alliance

Enforcement Agency: Maine Department of Environmental Protection (DEP)

Washington EPR Law

Regulation: SB 5284

What’s covered: Packaging and paper products introduced into the state.

Exclusions for: 

    • Medical and health-related products
    • Safety and hazardous materials packaging
    • Durable goods
    • Bulk/B2B packaging

Who’s in scope: The entity responsible for introducing covered packaging or paper materials into Minnesota. Typically the brand owner, manufacturer, importer, or distributor, depending on who controls or imports the brand into the state.

Exclusions for:

    • De minimis producers (less than one ton or $2 million in revenue)
    • Government bodies, non-profits, certain paper mills

Requirements:

    • Join a PRO 
    • Report to PRO and keep records
    • Pay fees on covered materials when assigned
    • Ensure that packaging meets reusability, refillability, recyclability or compostability requirements by 2032 

Enforcement: First violation: Up to $1,000/day. Second and each subsequent violation: Up to $10,000/day. May also include market access loss.

Maryland EPR Law

Regulation: SB 5284

What’s covered: Packaging and paper products (plastic, glass, metal, paper, or composite) that are sold, offered for sale, imported, or distributed in Maryland.

Exclusions for: 

    • Medical, pharmaceutical, hazardous, and durable packaging
    • LPG containers
    • Newsprint and certain small-circulation magazines
    • Paint-program packaging
    • Long-term-storage packaging

Who’s in scope: The entity that sells or distributes packaging or paper products in Maryland (brand owner, manufacturer, importer, or franchisor).

Exclusions for:

    • Government entities
    • Nonprofits (501[c]3]/[4])
    • De minimis producers
    • Certain paper mills
    • Small local retailers, small restaurants, and small beverage licensees with limited revenue or output
    • See § 9-2501 (P)(2)

Requirements:

    • Join or form a PRO
    • Submit and implement a plan
    • Report annually starting 2029
    • See § 9-2505 (B)–(J)); § 9-2506

Enforcement: Administrative penalties: $5,000 for first, $10,000 for second, $20,000 for third or subsequent violation; plus up to $250,000 if performance goals are missed.

Enforcement Agency: Maryland Department of the Environment (MDE).

States With Anticipated EPR Laws

The following U.S. states have EPR packaging laws currently under evaluation at various levels of government. Assent is monitoring these regulations, and this summary is accurate up to February 28, 2026

New York

Packaging Reduction & Recycling Infrastructure Act (S1464/A1749) failed to advance in the Assembly last session amid heavy lobbying opposition; sponsors and advocates plan to reintroduce it in 2026.

New Jersey

Packaging & Paper Product Stewardship Act (S3398/A5009) advanced through the Senate Environment & Energy Committee on February 10, 2025, but did not advance further. It was re-filed January 13, 2026, in the Senate and Assembly. .

Tennessee

The state’s Packaging EPR Bill was reintroduced on January 7, 2025. Lawmakers debated the measure in spring 2025, but no enactment occurred. It was deferred to 2026 and is being actively promoted with “business-friendly” exemptions.

Connecticut

HB 6917 (solid-waste omnibus including a packaging-EPR study) passed the House and reached the Senate calendar on June 4 but died there; HB 6225 (stand-alone EPR bill) was introduced and referred to committee, but stalled and has not been reintroduced in 2026 yet. 

Hawaii

HB 750 (statewide needs assessment for packaging and paper EPR) was signed into law by Governor Josh Green on May 27, 2025; the Department of Health must report findings by December 31, 2027.

Rhode Island

H 6207 (combined deposit-return system and packaging/printed-paper EPR with needs assessment) passed both chambers on June 20 and was signed into law on June 30, 2025.  A final Needs Assessment Report is due December 1, 2026, after which producer reporting requirements and deadlines can be outlined in subsequent rulemaking. 

Massachusetts

The EPR Commission established in December 2024 evaluated  packaging and other product categories, and issued their final report on January 15, 2026. There are two bills active in the State Senate and House, S.571 and H.926, both of which have been referred to the committees on Ways and Means in both chambers. 

Illinois

The 2023 law creating a statewide recycling program needs assessment and an advisory process remains active; HB 4064 (Extended Producer Responsibility and Recycling Refund Act) was introduced May 21, 2025, but remains in the proposal stage. The state did enact a law (Public Act 103-0383) to conduct a statewide recycling needs assessment, with findings and recommendations due by December 1, 2026. 

Nebraska

LB 607 (EPR data collection and recycled-content groundwork) was introduced on January 22, 2025, and heard on February 27 by the Natural Resources Committee, but not enacted. It was carried over to the current session on January 7, 2026. 

North Carolina

H 882 (“Break Free From Plastic & Forever Chemicals” Act), filed April 9–10, 2025, includes a packaging EPR framework and toxics restrictions; currently stalled in the House Rules Committee.

Georgia

HB 1237 (Pollution Prevention and Producer Responsibility Act of 2026) was introduced on February 6, 2026, and would amend Georgia’s waste management law to create the “Pollution Prevention and Producer Responsibility Act of 2026,” establishing a producer responsibility program that defines covered materials, creates an advisory board, sets recycling and composting standards, reduces toxins, provides financial assistance for reuse initiatives, and outlines reporting, enforcement, and rulemaking requirements.

New Hampshire

HB1789 was introduced on January 7, 2026, and proposes creating a program to enact extended producer responsibility for packaging. This bill also provides for oversight and management of the program through the collection of stewardship fees as managed by producers.

Wisconsin

SB778 and AB772 were introduced to the state Senate and House, respectively, in December 2025 and relate to packaging reduction and recycling, creating a producer responsibility program, granting rulemaking authority, making an appropriation, and providing a penalty.

AI & Expertise to Streamline Your EPR Packaging Compliance

Assent’s EPR software makes it simple to collect the information you need for EPR packaging reporting from your supply chain. Learn how we take the heavy lifting out of these complex supply chain requirements, or book time to speak with one of our regulatory experts.

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FAQ: Understanding EPR Packaging Laws in the U.S.

Get answers to the most common questions about Extended Producer Responsibility (EPR) packaging laws from our experts.

What are EPR packaging laws, and why do they matter for manufacturers?

Extended producer responsibility (EPR) packaging laws make manufacturers financially and operationally responsible for managing their packaging waste at the end of its life. Under these laws, producers must fund recycling, reporting, and waste management programs through Producer Responsibility Organizations (PROs).

In the U.S., EPR is state-driven, meaning compliance varies by state. Manufacturers must track packaging data, report to the appropriate PRO, and pay eco-modulated fees based on recyclability and material composition.

EPR laws support a circular economy, reduce landfill waste, and help manufacturers meet sustainability goals.

How do manufacturers comply with EPR packaging requirements?

Compliance typically involves four key steps:

  1. Register and join the appropriate Producer Responsibility Organization (PRO).
  2. Track and report the types, weights, and recyclability of packaging materials placed on the market.
  3. Pay PRO fees, which may vary based on packaging recyclability (eco-modulation).
  4. Meet recycling and content targets — for example, post-consumer recycled content in plastics and paper.

Manufacturers must also monitor updates to avoid gaps in compliance across states. Using centralized EPR compliance software helps automate reporting and ensures data accuracy across jurisdictions.

How can manufacturers prepare for EPR compliance and avoid penalties?

The best way to avoid EPR compliance risks is through proactive preparation and consistent data management. Start by identifying where your products are sold, what materials your packaging uses, and whether those materials are in scope for EPR programs. From there, establish internal tracking processes and join a Producer Responsibility Organization (PRO) early.

Manufacturers can also reduce costs and risk by designing recyclable or reusable packaging, centralizing reporting data, and automating updates across states as new regulations emerge. Investing in an EPR compliance platform helps ensure you meet reporting deadlines, maintain audit-ready documentation, and stay ahead of rapidly changing state requirements.

How does Assent help manufacturers manage EPR packaging compliance?

Assent helps manufacturers simplify and scale their EPR compliance across multiple U.S. states. The Assent Sustainability Platform centralizes packaging data, automates reporting to Producer Responsibility Organizations (PROs), and keeps you ahead of evolving requirements.

With Assent, you can track material composition, calculate packaging weights, and generate audit-ready reports that align with state-specific EPR laws, from California’s SB 54 to Colorado’s HB 22-1355. The platform also provides real-time regulatory updates, so you’re never caught off guard by new reporting deadlines or scope changes.

Devin O’Herron
Senior Sustainability & Regulatory Expert

Devin is a subject matter expert specializing in supply chain sustainability and responsible sourcing. As a member of the Assent regulatory team, Devin brings a decade  Read More

Devin O’Herron | Senior Sustainability & Regulatory Expert

Devin is a subject matter expert specializing in supply chain sustainability and responsible sourcing. As a member of the Assent regulatory team, Devin brings a decade of industry experience and expertise to Assent and its customers. He is an alumnus of the oldest undergraduate program in Sustainabl...

Read More

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