Extended producer responsibility (EPR) laws are no longer a future concern — they're active, expanding, and increasingly enforced. If your business sells packaged products, here's where things currently stand and what to watch for.
What EPR Laws Actually Require
EPR laws shift the cost and responsibility of managing packaging waste from municipalities onto the businesses that produce and sell packaged goods. In practice, this typically means registering with a designated producer responsibility organization (PRO), reporting packaging material types and volumes, and paying fees based on that data.
Where the Laws Currently Stand
As of 2026, seven states have enacted packaging EPR laws: California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington. The Circular Action Alliance serves as the designated producer responsibility organization in most of these states, though each state still sets its own covered materials, fee schedules, and reporting deadlines. Several additional states, including Illinois and New Jersey, have introduced similar legislation.
Why This Matters Even If You're Not "Large"
Some state programs include minimum thresholds, but company size alone doesn't guarantee an exemption — selling into a covered state or using certain packaging materials can trigger obligations regardless of your size.
What to Do Now
If you sell into any of the states with active programs, it's worth auditing what packaging materials you use and confirming whether you meet the state's definition of a "producer." Requirements and deadlines vary significantly by state, so a state-by-state review is worth the time investment.
Have Questions About Your Packaging Materials?
While we can't provide legal or compliance advice, we're happy to talk through your current materials and packaging setup. Contact our team to discuss your options.
