The landscape of packaging waste management in the United States is rapidly evolving, with a growing number of states enacting Extended Producer Responsibility (EPR) laws or mandating statewide assessments of recycling rates, costs, and packaging waste handling. EPR regulations fundamentally shift the financial and operational burden of managing post-consumer packaging from municipalities and taxpayers to the producers who introduce these materials into the market. For businesses, understanding and preparing for these obligations is no longer optional – it’s the law (or soon will be).
Please note: The regulatory landscape for packaging EPR in the US is remarkably dynamic, with new legislation emerging and existing laws continuously evolving. While this article provides a concise overview of states that currently have implemented or are well on their way to implementing packaging EPR laws, and highlights their key requirements, businesses need to understand that this is a rapidly changing environment. Given this fluid regulatory environment, it is important to stay up-to-date with legislative activity, and regulation implementation. H2 Compliance’s EPR consulting division CGlobal can provide up-to-date regulatory insights, assess how a regulation does or does not apply to your products, and outline the most efficient ways to ensure compliance.
Join CGlobal, the EPR consulting division of H2 Compliance, for a FREE general overview of this paradigm shift, break down the key differences between state laws, and highlight the critical deadlines you need to know.
The Expanding Footprint of Packaging EPR in the US as of mid 2025
A significant number of states have taken concrete steps toward packaging EPR. While implementation timelines vary, businesses should be aware of the following states:
- Maine: As the pioneer, Maine enacted its Stewardship Program for Packaging (SPP) in 2021, with significant developments and rule adoptions in late 2024 and early 2025. Producers are expected to register and report 2025 data by May 31, 2026.
- Oregon: The Plastic Pollution and Recycling Modernization Act requires producers of packaging, paper, and food serviceware to register with the approved Producer Responsibility Organization (PRO) Circular Action Alliance (CAA), and begin paying fees by July 2025. Data reporting for 2024 was due by March 31, 2025.
- Colorado: Colorado’s Producer Responsibility Program for Statewide Recycling Act (HB 22-1355) was enacted in 2022. Producers were required to register with the PRO (CAA) by October 1, 2024, and must submit reporting data by July 31, 2025. Fee payments to the PRO are set to commence on January 1, 2026.
- California: The Plastic Pollution Prevention & Packaging Producer Responsibility Act (SB 54), was enacted in June 2022. The implementation rules are currently being revised, adding complexity to determining compliance requirements. Registration with the PRO (CAA) opens in August 2025, and reporting of 2023 data is due by November 15, 2025. PRO fee obligations start in January 2027.
- Minnesota: Minnesota passed its Packaging Waste and Cost Reduction Act (HF 3911) in May 2024. The Minnesota Pollution Control Agency (MPCA) officially appointed CAA as the PRO on February 18, 2025, with a producer registration deadline of July 1, 2025.
- Maryland: Maryland’s packaging EPR law, SB 901 was signed on May 13, 2025. This law uniquely allows for multiple PROs at the start of implementation. CAA, who led Maryland’s statewide assessment in 2024, has been approved as the PRO.
- Washington: Washington became the seventh state to enact a packaging EPR law with the signing of SB 5284 on May 17, 2025. Producers must join a PRO by July 1, 2026, although no PRO has yet been approved.
National EPR Legislation
On June 24, 2025. bi-partisan sponsors introduced HB 4109, the Recycling and Composting Accountability Act. If it becomes law, HB 4109 would require the EPA to conduct a nationwide assessment of the recycling and composting programs in the US with the goal of using such information to make improvements.
States with Developing or Emerging EPR Legislation (2025 and Beyond)
While not yet fully enacted or implemented for packaging EPR, several other states have introduced or are actively exploring similar EPR legislation:
- Connecticut & Nebraska: Both states enacted battery EPR laws. In June Connecticut passed HB 5019 An Act Establishing Producer Responsibility for Consumer Batteries, while in May, Nebraska enacted LB36 the Safe Battery Collection and Recycling Act.
- New York: The New York state legislature saw significant progress on the Packaging Reduction and Recycling Infrastructure Act (S. 1465) in 2025, though it ultimately stalled. It is highly likely to be revisited in future legislative sessions, with strong provisions for packaging reduction, recyclability standards, and toxic substance prohibitions.
- Illinois: Illinois established an advisory council in 2023 to develop future EPR policies, with a report on packaging recycling, infrastructure, and strategies to achieve a 65% plastic recycling rate by 2035 due by December 31, 2025. Several states have implemented packaging EPR laws after conducting assessments to create such reports.
- Hawaii & Rhode Island: Both states enacted EPR needs assessment laws in May and June 2025, respectively. The focus of these assessments will be on determining what would be needed to reduce waste generation, increase recycling and reuse, and potentially enact packaging EPR laws.
- Massachusetts, Missouri, New Jersey, New Hampshire, Oregon, Tennessee, and Vermont: These states have also had various EPR-related bills introduced or discussed, highlighting a clear trend towards increased producer responsibility across the nation.
Key Requirements for Businesses
While each state’s EPR law has unique nuances, common threads emerge that businesses should understand:
- Definition of “Producer”: Generally, a “producer” is the brand owner of the product sold in packaging or the packaging itself. However, definitions can vary and may include manufacturers, licensees, importers, or distributors, depending on the sales channel and branding. It’s important to carefully review each state’s definition to determine your obligations.
- Joining a Producer Responsibility Organization (PRO): Most EPR laws require producers to join or establish a PRO. The PRO acts as a centralized entity that manages compliance on behalf of its members, collecting fees and implements programs to comply with law requirements (e.g. provide community education, achieve recycling targets).
- Data Reporting: Producers will be required to collect and report detailed data on the quantity and type of packaging materials they introduce into the state. This typically involves reporting by weight and material type (plastic, paper, glass, metal, etc.), and sometimes by specific packaging formats. Accurate data collection systems are key for compliance.
- Fee Payments: EPR laws are designed to shift recycling costs to producers. Businesses will pay fees to the PRO based on the amount and type of packaging they supply. These fees are often “eco-modulated,” meaning they can be adjusted based on the recyclability, post-consumer recycled (PCR) content, and other sustainability attributes of the packaging, incentivizing more sustainable design choices.
- Compliance with Performance Targets: PROs, on behalf of their members, will be responsible for meeting recycling and/or reuse targets set by the state. Each producers’ packaging choices will contribute to these collective targets.
- Sustainable Packaging Strategies: EPR laws are designed to drive improvements in packaging design. Businesses should proactively evaluate and adapt their packaging strategies to:
- Reduce: Minimize overall packaging weight and volume.
- Redesign: Optimize packaging for recyclability or compostability and reusability.
- Incorporate Recycled Content: Utilize post-consumer recycled (PCR) materials where feasible.
- Eliminate Harmful Substances: Avoid problematic materials and intentionally added toxic chemicals in packaging.
Before delving into specific actions, it’s important to understand the risks of non-compliance with EPR laws. These can include:
- Hefty Fines and Penalties: States are implementing substantial financial penalties for non-compliance, which can quickly erode profit margins.
- Market Access Restrictions: In some cases, non-compliant businesses may face restrictions on selling their products in certain states or even outright bans, severely impacting market reach.
- Reputational Damage: Consumers and stakeholders increasingly demand environmental responsibility. Non-compliance can lead to negative publicity, boycotts, and a damaged brand image.
- Legal Action: Businesses may face lawsuits from state authorities or even environmental groups for violations.
- Operational Disruptions: Unforeseen compliance issues can lead to delays in product launches, supply chain disruptions, and increased operational complexities.
CGlobal is your dedicated partner in navigating this complex regulatory landscape and ensuring EPR compliance.
Actionable Information for Businesses
- Assess Your Obligations: Determine if your company falls under the “producer” definition in any of the states with enacted or pending EPR laws. This requires a thorough review of your product portfolio and sales channels in each state.
- Quantify Your Packaging Footprint: Begin tracking the quantity (by weight) of all packaging materials you introduce into each state, categorized by material type. This data will be essential for reporting to PROs and calculating fees.
- Understand the PRO Landscape: Identify the approved or proposed PROs in relevant states, or seek approval to act as your own PRO if possible, and understand their membership requirements, registration / reporting deadlines, and fee structures.
- Budget for Compliance Costs: Account for potential PRO membership fees, data collection costs, and any investments needed to redesign packaging for better recyclability or to incorporate recycled content.
- Engage with Your Supply Chain: Collaborate with suppliers to obtain necessary packaging data and explore opportunities for more sustainable packaging materials and designs.
- Stay Informed: The EPR landscape is dynamic. Continuously monitor legislative developments, regulatory updates, and implementation guidelines in states where you operate or plan to operate. Consider subscribing to industry alerts and consulting with EPR experts.
- Proactively Adapt Packaging: Don’t wait until deadlines are imminent. Start evaluating your packaging for optimization opportunities now to reduce future costs and enhance your sustainability credentials.
Navigating the Future of Packaging EPR with CGlobal
The rapid adoption of packaging EPR laws across the US marks a pivotal moment, shifting the responsibility of waste management squarely onto producers. By 2025, a significant portion of the American market will be operating under these new mandates. While the patchwork of state-specific regulations might seem daunting, proactive engagement, meticulous data management, and a commitment to sustainable packaging design are no longer just good practice – they’re essential for compliance, mitigating financial risks, and fostering a truly circular economy.
This is precisely where CGlobal steps in. We’re not just another compliance service; we’re your strategic partner, dedicated to demystifying and streamlining your EPR obligations across both the United States and Canada. Leveraging the Landbell Group’s two decades of global compliance expertise, CGlobal offers an unparalleled regulatory support expertise. Our experienced team goes beyond basic reporting; we pinpoint your precise obligations, meticulously manage the complexities of compliance tasks, and serve as your dedicated liaison with authorities and Producer Responsibility Organizations (PROs). Plus, we proactively monitor the ever-evolving regulatory landscape, ensuring you’re always a step ahead. We handle the intricate details of registration, reporting, and invoice management, so your products can move seamlessly in North American markets.
CGlobal designs custom, cost-effective solutions for companies of all sizes, whether you are bringing electronics, batteries, packaging, or other EPR-regulated products to market. We’re here to reduce your risk, streamline your operations, and provide much-needed clarity in a complex and often confusing regulatory environment. Our support extends beyond compliance; we can provide clarity and advice on recycled content mandates, recyclability standards, and robust end-of-life strategies for your products.
Tap into our extensive international network and let CGlobal simplify your environmental compliance journey. Don’t let EPR become a burden; turn it into an opportunity.
Ready to transform your EPR challenges into clear solutions? Connect with our team today.
Published July 31, 2025
This article was generated with the assistance of Artificial Intelligence.