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. As of November 2025:
- Three states have active EPR packaging requirements
- Four states have pending requirements
- Ten states have proposed EPR laws
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.
Active 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 December 2025. 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 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
Requirements:
- Register and join a PRO
- Track and report packaging data
- Pay PRO fees
- Meet reduction, recyclability, and compostability targets
Enforcement: $50,000 per day, per violation.
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.
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.
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
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
Enforcement: Administrative penalties of up to $5,000 per day for a first violation and up to $20,000 per day for repeated violations.
States With Pending EPR Laws
Maine EPR Law
Regulation: LD 1541
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
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
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)
Enforcement: Prohibition of sales in the state, public published listing of non-compliant producers, administrative fees up to $300,000/year.
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.
Who’s in scope: The entity putting covered product on the market (brand owner, licensee, importer, first distributor)
Exclusions for:
- Government entities
- Non-profits
- De minimis producers (Section 102[16]) — less than one ton of materials or less than $5 million revenue in most recent fiscal year
Requirements:
- Join a PRO
- Report to PRO and keep records
- Pay fees when assigned of covered materials
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.
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
Requirements:
- Join or form a PRO
- Submit and implement a plan
- Report annually starting 2029
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.
States With Proposed 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 December 1, 2025.
New York
Packaging Reduction & Recycling Infrastructure Act (S1464/A1749) failed to advance in the Assembly this session amid heavy lobbying opposition; sponsors and advocates plan to reintroduce it next session.
New Jersey
Packaging & Paper Product Stewardship Act (S3398/A5009) advanced through the Senate Environment & Energy Committee on February 10, 2025, and remains under committee review in both chambers.
Tennessee
The state’s Packaging EPR Bill was reintroduced on January 7, 2025. Lawmakers debated the measure in spring 2025, but no enactment occurred.
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.
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.
Massachusetts
The EPR Commission established in December 2024 is evaluating packaging and other product categories; recommendations are due on January 15, 2026.
Illinois
The 2023 law creating a statewide recycling program needs assessment and an advisory process remains active; additional packaging bills were discussed in 2025 but not enacted.
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.
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.
AI & Expertise to Streamline Your EPR Packaging Compliance
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FAQ: Understanding EPR Packaging Laws in the U.S.
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