As sustainability regulations expand, many companies are hearing more about Extended Producer Responsibility (EPR) — and wondering what it actually means for their business. EPR programs are reshaping how products and packaging are managed at the end of life, with real cost, compliance, and reporting implications for producers. Below is a breakdown of the basics and what companies should be paying attention to now.

Frequently Asked Questions

The frequently asked questions represent a collection of information that has been consolidated from resources across the applicable states.

What is Extended Producer Responsibility (EPR)?

Extended Producer Responsibility (EPR) programs are designed to reduce waste and increase recycling programs by holding producers responsible for the end-of-life management of their products. EPR is a policy approach that shifts the financial and operational responsibility of managing packaging waste from municipalities to the companies that produce and bring these materials to market.

Why does EPR exist?

EPR aims to improve recycling rates, reduce waste, and incentivize the use of more sustainable packaging.

Who may be impacted by these EPR laws?

EPR laws typically apply to companies that sell or distribute products into states with EPR regulations — regardless of whether they have a physical presence there. These laws primarily impact companies that produce, import, or distribute packaging materials. This includes:

  • Retailers: Responsible for store-branded items and potentially other materials like flyers and brochures.
  • Producers/Manufacturers: Accountable for their branded items and non-branded items they manufacture.
  • Importers: If no other company is responsible, importers of covered materials sold in EPR states must comply.

What roles exist within the EPR landscape?

  • Regulators: The authority responsible for the compliance enforcement related to a state’s EPR law
  • Producer Responsibility Organizations (PRO): Administer the EPR programs on behalf of the producers
  • Producers: Responsible entity for EPR registration, reporting, and payment of fees to find the program
  • Consultants: Support producers with knowledge sharing and accurate data preparation for submission to the PRO

What is a PRO?

A Producer Responsibility Organization (PRO) is an entity (typically a non-profit) that centralizes and manages compliance for its members. This may include registration, fee collection, and program implementations to align with the requirements of each state law.

The PRO for six of the states with active EPR paper and packaging laws is the Circular Action Alliance (CAA). Maine is the only state with active laws that is still writing a request for proposal (RFP) for their PRO.

CAA is not the regulator and does not make legal determinations for individual businesses producer responsibility. CAA was founded by companies from the food, beverage, consumer goods, and retail industries to administer the program on behalf of the producers.

What states have passed EPR laws and what dates should I be aware of?

State PRO Registration Due Date 2026 Reporting Date Fees Commence
California September 5, 2025 May 31, 2026 August 2026 (one installment)
Colorado October 1, 2024 May 31, 2026 January 2026 (two 50% installments)
Oregon July 1, 2025 May 31, 2026 January 2026 (two 50% installments)
Maryland July 1, 2026 May 31, 2026 TBD
Minnesota July 1, 2025 May 31, 2026 TBD
Maine May 1, 2026 TBD – Q3 2026 Estimated October 2026
Washington July 1, 2026 May 31, 2026 January 2027

What states are considering adding EPR laws for plastic and packaging?

Hawaii, Illinois, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Virginia.

What are considered “covered materials” under EPR paper and packaging laws?

EPR laws cover a broad range of packaging materials and labels, including:

  • Plastic: Single-use plastic packaging, bottles, and containers.
  • Metal: Aluminum cans and other metal packaging.
  • Glass: Bottles and jars.
  • Paper: Flyers, catalogs, magazines, newspapers, and other paper products.
  • Food Service Ware: Clamshells, cups, utensils, plates, and other disposable food service items.
State Covered Materials Sectors Full or Partial Recycling System Funding
California Packaging
Plastic foodservice ware		 Consumer Packaging
B2B		 Partial (new or incremental)
Colorado Packaging
Paper products
Foodservice ware		 Consumer Packaging
Limited B2B		 Full (100% of the net cost of recycling services)
Oregon Packaging
Printing and writing paper
Foodservice ware		 Consumer Packaging
B2B		 Partial (capital for collection; MRF payments and operation of PRO depot network)
Maryland Packaging
Paper products
Foodservice ware		 Consumer Packaging
Limited B2B		 Partial (but increasing)
Minnesota Packaging
Paper products
Foodservice ware		 Consumer Packaging
Limited B2B		 Partial (but increasing)
Maine Packaging
Some foodservice ware		 Consumer Packaging
Limited B2B		 Full
Washington Packaging
Paper products
Foodservice ware		 Consumer Packaging
Limited B2B		 Partial (but increasing)

Are there any exemption thresholds for organizations within these laws?

State Revenue Exemption Threshold Covered Material Threshold
California < $1 million N/A
Colorado < $5 million < 1 ton
Oregon < $5 million < 1 metric ton
Maryland < $2 million < 1 ton
Minnesota < $2 million N/A
Maine < $2 million < 1 ton
Washington < $5 million < 1 ton

Considerations

  • Consult your legal counsel to determine whether your company is subject to EPR regulations
  • Consider using a centralized data management system for EPR data collection and reporting
  • Develop strategies for reducing packaging and increasing recycled material content in these products to reduce fee costs

As always, please reach out to Pinion’s sustainability team if you have questions or would like support preparing for EPR compliance.