The landscape of packaging Extended Producer Responsibility (EPR) laws in the United States is evolving, creating new obligations for businesses. Navigating these complex regulations can be challenging, and understanding your responsibilities is crucial for compliance and avoiding penalties.
At CGlobal, we’re dedicated to simplifying regulatory complexities. This guide provides a step-by-step approach to help your business understand and meet its legal obligations for packaging waste across the US.
Step 1: Identify Which State Laws Apply to Your Business
The first and most critical step is to determine which state EPR laws apply to your products and operations. Unlike a single federal law, packaging EPR is currently enacted at the state level, with each state having its own unique requirements.
- Identify Your Market Presence and Obligations: Identify where and how your packaging or packaged goods are sold, distributed, or imported into a state. As of mid-2025, states with active or soon to be implemented EPR laws for packaging include Maine, Oregon, Colorado, California, Minnesota, Maryland, and Washington. New legislation continues to emerge, so staying informed about where your products create an obligation is key.
- Understand Thresholds: Many state laws include sales revenue and/or packaging volume by weight thresholds. Even if you operate in an EPR state, you might not be obligated if your revenue or volume falls below these defined limits. Carefully review each state’s specific thresholds.
- Product Type: Confirm if your specific packaging materials (e.g., plastic, glass, paper, aluminum) are covered under the respective state laws. Some laws might exempt certain materials or types of packaging.
Step 2: Navigate Reporting Requirements
Once you’ve identified the applicable states, the state(s) in which you have obligations, you’ll need to understand their unique reporting requirements.
- Data Collection: Begin collecting comprehensive data on the types, weights, and materials of all packaging you introduce into the market in each relevant state. This often requires detailed internal tracking and supply chain collaboration.
- Reporting Frequency: Note the reporting deadlines and frequency. Most states require annual reports, while others might have different schedules.
- Specific Metrics: Be aware of the specific metrics each state requires. This could include post-consumer recycled content, recyclability rates, or specific material categories.
Step 3: Calculate Fees and Understand Payment Structures
EPR programs are designed to shift the financial burden of packaging waste management from taxpayers to producers. This means you’ll likely incur fees.
- Fee Structures: Fees are typically calculated based on the type and weight of packaging materials you place on the market. Different materials may have different fee rates, often incentivizing the use of more recyclable or recycled-content materials.
- Eco-Modulation: States may use eco-modulation, the adjustment of EPR fees, to incentivize improvements in packaging design, materials used, waste created. Environmentally friendly packaging could lead to lower EPR fees.
- Invoicing: Understand how and when fees will be invoiced by the state or the designated Producer Responsibility Organization (PRO).
- Financial Planning: Budget for these fees as a regular operating cost to ensure sustained compliance.
Step 4: Engage with Producer Responsibility Organizations (PROs) Where Applicable
Producer Responsibility Organizations (PROs), sometimes called Stewardship Organizations (SO), are key entities in the implementation of many US packaging EPR programs. These organizations are established to help producers collectively meet their obligations, provide compliance guidance, fee administration, and assist with investment in recycling infrastructure.
- Mandatory vs. Voluntary Participation: In states like California, Colorado, Oregon, and Minnesota, joining an approved PRO (such as the Circular Action Alliance, or CAA, which has been selected in several states) is currently the required pathway for compliance for most producers. These PROs play a central role in managing the state’s EPR program on behalf of their members. In other states, participation might be optional if companies are able to fulfill their obligations individually.
- PRO Services: When you join a PRO, they typically handle the aggregation of packaging data, calculation and collection of fees, submission of reports to the state, and the management of recycling and recovery initiatives.
- Benefits of PROs: Producers have certain collection, recycling, outreach, and other operational requirements when it comes to products under the EPR program. Individually fulfilling these obligations creates a significant cost and engagement of internal resources for the company. To mitigate the burden and to make the process more efficient, those can be fulfilled through a membership with a PRO as it acts as a central point of contact and responsibility for the collective group of producers. while reducing administrative and logistic burdens,
Step 5: Strategies for Reducing Costs Through Sustainable Packaging
EPR laws often incentivize sustainable packaging practices, offering opportunities to reduce compliance costs.
- Reduce Packaging: Less packaging can help streamline your operations and conserves resources. Explore lightweighting opportunities for your products.
- Increase Recycled Content: Many EPR programs offer reduced fees for packaging made with higher percentages of post-consumer recycled content.
- Enhance Recyclability or Compostability: Design packaging to be easily recyclable or compostable. Materials that are difficult to recycle may incur higher fees or be excluded from fee reductions.
- Material Substitution: Consider switching from materials with high EPR fees to more cost-effective, environmentally friendly alternatives.
- Reuse and Refill Systems: Explore implementing reuse or refill systems for your packaging, which can significantly reduce the amount of new packaging you place on the market.
The Consequences of Non-Compliance
Failing to comply with US packaging EPR laws can lead to significant repercussions for your business. Penalties vary by state but can be severe and include:
- Financial Fines: States can levy substantial daily fines for non-compliance, which can quickly accumulate. For example, some states have penalties ranging from thousands to tens of thousands of dollars per day per violation.
- Sales Restrictions: In some cases, states have the authority to prohibit non-compliant producers from selling or distributing their covered products within their borders.
- Reputational Damage: Non-compliance can harm your brand’s reputation, particularly with increasingly environmentally conscious consumers and business partners. Transparency about compliance is often required, and being listed as non-compliant on a state website can impact public perception.
- Legal Action: Beyond state-imposed penalties, non-compliance could potentially lead to private legal actions or other enforcement measures.
Navigating an Ever-Changing Landscape
One of the most challenging aspects of US packaging EPR is its dynamic nature. These laws are relatively new and continue to evolve rapidly:
- New Laws Emerging: More states are actively considering and enacting EPR legislation for packaging. What applies to your business today might expand to other states tomorrow.
- Regulatory Updates: Existing laws are frequently refined, with new regulations, reporting methodologies, and fee structures being introduced. Staying updated requires constant vigilance.
- Varying Definitions & Scope: The definitions of “producer,” “covered products,” and exemptions can differ significantly from state to state, creating a complex patchwork of requirements.
- Implementation Phases: Many states are rolling out their EPR programs in phases, with different deadlines for registration, data reporting, and fee payments.
Staying ahead of these changes is paramount. Regularly reviewing legislative updates, engaging with industry associations, and consulting with experts like CGlobal are essential strategies to ensure your business remains compliant and agile in this evolving regulatory environment.
Achieving Compliance in a Complex Environment
Complying with US packaging EPR laws is a dynamic process that requires ongoing attention and adaptation. By systematically identifying applicable laws, meticulously tracking data, understanding fee structures, leveraging PROs, and embracing sustainable packaging strategies, your business can effectively navigate this complex regulatory environment, and even thrive.
Simplified EPR Solutions with CGlobal: Your Partner in North American Environmental Compliance
Navigating the ever-evolving landscape of North American environmental regulations, from Extended Producer Responsibility (EPR) for packaging, electronics, and other EPR regulated products, to complex labeling and recycled content requirements, can be a significant challenge for businesses.
CGlobal is your specialized partner, simplifying these obligations across the United States and Canada. Backed by the Landbell Group’s 20+ years of global compliance expertise, we offer a comprehensive regulatory support program.
Our expert services pinpoint your specific obligations, manage complex compliance tasks, handle interactions with authorities and PROs, and proactively monitor evolving regulations. We streamline registration, reporting, and invoice management, ensuring your products effortlessly access North American markets.
Designed for companies of all sizes placing electronics, batteries, packaging, textiles, and other EPR regulated products on the market, CGlobal delivers custom, cost-effective solutions. We help you reduce risk, streamline operations, and gain clarity in a complex regulatory environment. Beyond just EPR, our holistic approach integrates sustainability principles and advises on recycled content mandates, recyclability standards, and end-of-life strategies.
Benefit from our extensive international network and allow CGlobal to simplify your environmental compliance journey. Talk with our team today to explore how we can support your business.
Published June 23, 2025
This article was generated with the assistance of Artificial Intelligence.