Packaging Extended Producer Responsibility (EPR) by individual US states has become a rapidly evolving topic, with several states actively implementing or considering legislation. While many states already have other active EPR legislation, including for e-waste, batteries, mattresses, and paint, packaging EPR has become a prominent focus area.

Maine and Oregon passed packaging EPR laws, followed closely by California and Colorado. In 2024, Minnesota passed HF 3911, which details a Packaging EPR program, bringing the total to five US states with packaging EPR. Maryland and Illinois also passed packaging laws requiring a needs assessment of their recycling systems, setting the stage for potential future EPR implementation.

For the 2024 legislative session, seven states—Massachusetts, New Jersey, New York, New Hampshire, Rhode Island, Tennessee, and Washington—have packaging EPR bills under consideration. Circular Action Alliance (CAA) has emerged as a key player in EPR implementation, serving as the Producer Responsibility Organization (PRO) in California, Colorado, and Oregon. CAA’s involvement extends to Maryland, where it represents producers’ interests on the advisory board as they move forward with a needs assessment. Looking ahead, Maine is slated to begin the PRO selection process in 2025, with a selection expected by 2026.

For those states with active regulations, obligations exist for entities involved in the production, distribution, or importation of products using covered packaging materials. These producers must register in each applicable state, join a PRO by specified deadlines, or manage individual programs, ensuring compliance with recycling and packaging standards set by respective states.

Covered materials subject to regulation vary by state but typically include food service ware, paper products, and various packaging materials. The earliest compliance deadline for producers is set for 2025, with preliminary PRO registration requested by July 1, 2024, to aid in program fee development. Accerio is assisting our clients in registering with CAA and preparing for state requirements. Producers are advised to start collecting packaging data promptly to meet reporting requirements by 2025.

For producers uncertain about their obligations in California, Colorado, Oregon, Maine, and Minnesota, Accerio can provide preliminary assessments and ongoing support as producer requirements are evolving through final rulemaking processes. With EPR laws gaining traction across the US, proactive engagement and preparation are essential for producers to navigate this evolving regulatory landscape effectively.