Maryland Senate Bill 901, concerning Extended Producer Responsibility (EPR) for packaging materials and paper products, was signed into law on May 13, 2025. Maryland is the 6th state to enact packaging EPR, following California, Colorado, Maine, Minnesota, and Oregon.
This legislation establishes a framework for producers to assume responsibility for the lifecycle of their packaging sold within the state. The legislation introduces requirements for the management of these materials at their end-of-life. Producers, either individually or through Producer Responsibility Organizations (PROs), will be obligated to develop and submit plans to the Maryland Department of the Environment outlining how they will manage covered packaging waste.
The enacted legislation includes several key components:
- Covered Entity: Households, public or non-public kindergarten, elementary or secondary schools, childcare centers, and public buildings owned or operated by the state or the local government.
- Covered Materials: Packaging and paper products sold, offered for sale, imported, or distributed in the state. Additional statewide list of covered materials determined to be recyclable or compostable will be published by July 1, 2027.
- Producer: Manufacturer, Brand Owner, First Seller, First Distributor, or Shipper, depending on the type of sale and residency. The bill accounts for a de minimis producer, who is exempt from any EPR obligations.
- Producer Responsibility Organizations (PROs): The legislation allows for the formation and operation of PROs through which producers can collectively address their responsibilities. Alternative PROs are possible from July 1, 2026.
PROs, or Producers individually, must submit Producer Responsibility Plans to the Department for approval. The plans must include performance goals, which are then reported on a year later.
Said performance goals will include recycling, composting, reuse, and return rates, as well as percentage of waste reduced, percentage of post-consumer recycling content, and greenhouse gas reduction goals.
Producers who manage an approved alternative collection program through recycling, reuse, or composting may wholly or in part offset the EPR fees.
Timeline:
- October 18, 2023, Circular Action Alliance (CAA) was selected to serve as the PRO
- July 1, 2026, possibility of multiple alternative PROs
- July 1, 2027, list of compostable and recyclable covered materials published
- July 1, 2028, CAA and other existing PROs must submit a Producer Responsibility Plan to the Department
- July 1, 2029, PRO(s) must submit its first report to the Department.
CGLOBAL, the consulting division of H2 Compliance, offers expertise to businesses navigating the complexities of EPR laws, including the newly enacted legislation in Maryland. CGLOBAL provides guidance and support to ensure compliance and facilitate the implementation of sustainable packaging practices for businesses in Maryland and other regions with EPR regulations. Get in touch today!
Published May 14, 2025
This article was generated with the assistance of Artificial Intelligence.