---Advertisement---

EPR Laws in the United States 2026

Published On: November 13, 2025
---Advertisement---

What Does EPR Stand For?

If you’ve been hearing the term “EPR” thrown around lately and wondering what it means, you’re not alone. Extended Producer Responsibility, or EPR, is basically a new way of thinking about who should pay for dealing with trash and recycling. Instead of you and me footing the bill through our taxes while our local governments struggle to manage mountains of packaging waste, the companies making all that stuff are now being asked to step up and take responsibility.

Think of it this way: if a company sells you a product wrapped in layers of plastic and cardboard, shouldn’t they help pay for what happens to that packaging after you’re done with it? That’s the heart of EPR.

Does the US Have EPR Laws?

Yes, the United States has implemented EPR laws, though they vary significantly by state. As of 2025, seven states have enacted comprehensive EPR packaging laws: Maine, Oregon, Colorado, California, Minnesota, Maryland, and Washington. These programs represent a fundamental shift in how America handles waste management.

Before packaging EPR laws emerged, the US already had EPR programs for specific products like batteries, paint, electronics, and mattresses. The packaging EPR movement gained momentum when Maine became the first state to pass packaging EPR legislation in 2021, followed by Oregon that same year.

Is Extended Producer Responsibility Mandatory?

EPR is mandatory in states that have enacted these laws, but requirements vary. Producers must either join a Producer Responsibility Organization (PRO) or submit an individual compliance plan. Currently, the Circular Action Alliance (CAA) is the primary approved PRO operating across multiple states.

The enforcement mechanisms are serious. Oregon’s program, which began full implementation in July 2025, includes noncompliance penalties of up to $25,000 per day. Producers who fail to register or pay required fees face significant financial consequences.

Who Needs EPR Registration?

EPR registration requirements apply to “producers,” which includes:

  • Manufacturers of packaged products
  • Brand owners whose name appears on packaging
  • Importers bringing packaged goods into the state
  • Distributors of covered materials
  • In some cases, franchisors

If your business manufactures, sells, or distributes products with single-use packaging or plastic food serviceware in an EPR state, you likely need to register. This includes food and beverage companies, restaurants, retailers, consumer packaged goods manufacturers, and apparel brands.

What is EPR in Business?

For businesses, EPR fundamentally changes operational and financial planning. Companies must now account for the end-of-life costs of their packaging by paying fees to PROs based on the amount and type of packaging they use. These fees fund improved recycling infrastructure, collection programs, and waste reduction initiatives.

The financial impact varies by material type. PRO fee obligations started in January 2027 for California producers, with fees calculated based on packaging weight, material type, and recyclability. Materials that are harder to recycle or not recyclable typically incur higher fees, incentivizing companies to redesign packaging for better sustainability.

State-by-State EPR Implementation

Oregon

Oregon made headlines as the first US state to activate its packaging EPR law, with over 1,700 producers submitting reports by the March 31, 2025 deadline. Fee payments were due by July 1, 2025.

California

California’s SB 54 requires registration with the PRO starting in August 2025, with reporting of 2023 data due by November 15, 2025. The state’s program is among the most ambitious, requiring 100% of packaging to be recyclable or compostable by 2032.

Colorado

Colorado producers had to enroll and submit supply reports by July 31, 2025, with unregistered producers barred from selling in the state after July 1, 2025.

Other States

Maine, Minnesota, Maryland, and Washington have also passed EPR laws with varying implementation timelines extending through 2030.

When Should You Submit an EPR Report?

Reporting deadlines vary by state. In Oregon, producers had to report 2024 data by March 31, 2025. California requires 2023 data submission by November 15, 2025. Colorado’s 2024 packaging data reports were due July 31, 2025.

Producers should track their state’s specific requirements and register early to avoid penalties. Many states require annual reporting of packaging volumes, materials used, and sales data.

Why is EPR Required?

EPR addresses the growing crisis of packaging waste and plastic pollution. Traditional waste management systems placed the financial burden on taxpayers through municipal recycling programs, which struggled with inadequate funding and infrastructure.

EPR shifts this responsibility to producers, incentivizing them to design packaging that’s easier to recycle, reuse, or compost. The policy creates financial motivation for companies to reduce packaging waste, choose recyclable materials, and invest in circular economy solutions.

Environmental benefits include reduced landfill waste, decreased plastic pollution in waterways, improved recycling rates, and lower greenhouse gas emissions from producing new materials instead of using recycled content.

EPR Packaging Laws: What Materials Are Covered?

EPR laws typically cover single-use packaging of all materials including plastic, paperboard, metal, glass, paper, and multi-layer materials. They also include plastic single-use food serviceware like cups, lids, trays, straws, and cutlery.

Some states provide exemptions for certain products, particularly food and pharmaceutical packaging regulated by federal agencies. However, the scope remains broad to capture the majority of consumer packaging waste.

Preparing Your Business for EPR Compliance

As EPR laws expand across the United States, businesses should:

  1. Assess your exposure: Determine which states you operate in and their EPR requirements
  2. Track your packaging: Collect data on packaging volumes, materials, and weights
  3. Register promptly: Join a PRO or develop an individual plan before deadlines
  4. Redesign for sustainability: Consider packaging changes to reduce EPR fees
  5. Monitor legislation: Stay informed about new EPR laws in development

The EPR landscape continues evolving rapidly. Maryland and Washington became the sixth and seventh states to pass EPR packaging legislation in 2025, and additional states including New Jersey, Tennessee, and New York have introduced EPR bills.

Conclusion

Extended Producer Responsibility represents a significant shift in how the United States manages packaging waste. While currently limited to seven states, EPR momentum continues building nationwide. Businesses that proactively prepare for EPR requirements will be better positioned to manage costs, maintain compliance, and demonstrate environmental leadership in an increasingly sustainability-focused marketplace.

Understanding your EPR obligations now whether through joining a PRO, redesigning packaging, or tracking regulatory developments—will help your business navigate this new environmental policy landscape successfully.

Leave a Comment