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Extended Producer Responsibility for Packaging in the United States: A 2026 Update

This blog was originally posted on 5th February 2025, and was updated on 29th January 2026. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY RUAN DOHERTY, REGULATORY ANALYST, COMPLIANCE & RISKS

Seven states currently have packaging EPR programmes in place and are in various stages of implementation, with key deadlines set for 2026 and beyond. Meanwhile, various other states are evaluating similar policies, with new legislative developments emerging this year. This growing patchwork of state-led initiatives reflects strong policy momentum toward shared responsibility for packaging waste.

This blog provides an up-to-date overview of the current EPR landscape and key programmatic and regulatory developments for 2026.

Current Landscape

Maine – An Act to Support and Improve Municipal Recycling Programme and Save Taxpayer Money (Legislative Document 1541)

In September 2025, the Maine Department of Environmental Protection initiated formal rulemaking to add Appendix A (Packaging Material Types List) to Chapter 428 and update the state’s packaging stewardship rules. Appendix A will define packaging materials and identify which are recyclable, compostable, or reusable. The updates will support implementation of Maine’s packaging stewardship programme.

Key Dates:

Spring 2026: the Stewardship Organisation (SO) is expected to be selected.
May 2026: producers will be required to register and report to the SO on the total amount, whether by weight or volume, of each type of packaging material sold, offered for sale or distributed for sale in or into the State by the producer in the prior calendar year.
September 2026: producers are expected to pay the start-up registration fee to the SO.

Oregon – Plastic Pollution and Recycling Modernization Act (Senate Bill 582)

On July 1, 2025, Oregon became the first state to officially launch its programme, with producers required to join Circular Action Alliance (the designated PRO) if they sell, offer for sale or distribute packaging and related products into the state. Producer fee obligations also commenced from this date.

However, Oregon’s EPR programme launch got off to a rough start, with the National Association of Wholesaler-Distributors (NAW) having filed a lawsuit challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act. Filed on July 30, 2025, the case alleges violations of the Dormant Commerce Clause and Due Process Clause, arguing the law unfairly targets out-of-state producers, burdens interstate commerce, and imposes opaque and unsustainable costs on distributors. Following the programme’s launch in July and the issuance of initial fees, NAW sought a preliminary injunction on November 24, 2025, to pause all EPR obligations pending resolution of the case.

Key Dates

May 31, 2026: the next CAA reporting deadline, based on 2025 supply data.

California – Plastic Pollution Producer Responsibility Act (Senate Bill 54)

On November 15, 2025, producers were required to submit their first report on their 2023 supply data to CAA (the designated PRO), in order to inform the state’s programme plan, source reduction baseline, and guidance.

However, progress at the regulatory level has been slower, with California facing continued delays in advancing SB 54’s implementing regulations. In March 2025, Governor Newsom directed CalRecycle to restart the rulemaking process due to concerns over business compliance costs, which resulted in the statutory deadline to finalise the regulations being missed. Although a revised draft was later released for public comment, the proposal was subsequently withdrawn from the Office of Administrative Law on January 9, 2026 for further revision, with an additional 15-day comment period expected in the coming months.

Key Dates:

Mid-2026: CAA is expected to submit its programme plan for review by the SB 54 advisory board.
Upon approval of a programme plan, or commencing January 1, 2027, whichever is sooner, a producer shall not sell, offer for sale, import, or distribute covered materials in the state unless the producer is approved to participate in the plan of a PRO.
January 1, 2032:
- 25% of plastic packaging use shall be reduced;
- 65% of all single-use plastic packaging shall be recycled; and
- 100% of packaging in the state shall be recyclable or compostable.

Minnesota – Packaging Waste and Cost Reduction Act (House File 3911)

Following enactment in 2024, producers were required to join CAA (the designated PRO) by July 1, 2025.

Key Dates:

December 31, 2026: a preliminary needs assessment will be completed to gather critical data to inform programme plan development.
October 1, 2028: CAA must submit a stewardship plan to the Pollution Control Agency.
January 1, 2029: from this date onwards, no producer may introduce covered materials either separately or when used to package another product, unless the producer enters into a written agreement with a PRO to operate under an approved stewardship plan.
January 1, 2032: from this date onwards, no producer may introduce covered materials unless covered services are provided for the covered materials through a programme in a stewardship plan approved by the commissioner.

Colorado – Producer Responsibility Program for Statewide Recycling Act (House Bill 22-1355)

From July 2025, producers were prohibited from selling or distributing products that use covered materials in Colorado unless they are participating in a producer responsibility programme. Producers were also required to submit a report to CAA (the designated PRO) on the quantity of material they distribute in the state.

On 9 December 2025, Colorado’s Department of Public Health and Environment approved CAA’s final plan to implement the Act. As part of the implementation, producers were required to pay producer responsibility dues on January 1, 2026.

Key Dates

June 9, 2026: CAA is expected to begin implementation of the programme plan.

Maryland – Extended Producer Responsibility for Packaging (Senate Bill 901)

On June 1, 2025, Maryland enacted SB 901 to establish EPR for packaging. In contrast to other states, this law allows for multiple PROs to operate concurrently. As of 2026, CAA is the only designated PRO.

Key Dates

July 1, 2026: producers must either join CAA or register with the Department of the Environment (MDE) to implement an individual plan.
July 1, 2027: the MDE shall develop a statewide list of covered materials determined to be recyclable or compostable through curbside recycling programs.
July 1, 2028: producers shall, individually or as part of a PRO, submit a producer responsibility plan for review and approval.
October 29, 2028: producers that aren’t registered individually or as part of a PRO, may not introduce covered materials in the state.

Washington – Producer Responsibility for Packaging and Paper Products (Senate Bill 5284)

On July 27, 2025, Washington became the seventh state to enact a packaging EPR law. On January 1, 2026 producers were required to either appoint or join a PRO to address their covered materials.

Key Dates

July 1, 2026: producers must either be a member of a PRO, or register with the Department of Ecology to implement an individual plan.
End of 2026: initial statewide collection lists and needs assessment will be established by the Department of EcologY.
October 1, 2028: a PRO shall submit stewardship plans to the Department for approval.
March 1, 2029: producers that aren’t registered individually or as part of a PRO, may not introduce covered materials in the state.

EPR Progression in Other States

Enacted Measures

Rhode Island (HB 6207, enacted June 2025) and Hawaii (HB 750, enacted July 2025) both require statewide needs assessments to be conducted as a precursor to establishing EPR programmes. Needs assessments are integral to EPR programmes as they help identify infrastructure needs, cost drivers, and potential impacts on existing recycling systems, ensuring that the programmes are designed effectively and proportionately.

Proposals Under Consideration

Several states are still actively considering legislation introduced in 2025 to establish packaging EPR programmes, including Illinois (HB 4064), Massachusetts (SB 571), New York (SB 1464 and AB 5062), and Tennessee (SB 269). Vermont (SB 139) is also considering a statewide needs assessment.

Legislative Momentum Continues into 2026

With the restart of legislative sessions in January 2026, both New Hampshire (HB 1789) and Wisconsin (SB 772) have introduced bills that propose to establish packaging EPR programmes. In addition, New Jersey reintroduced two bills (SB 614 and SB 673) from the previous legislative session, which also both propose to establish packaging EPR programmes.

Related Preparatory Measures

Nebraska’s LB 607 proposes to establish a data collection mechanism related to EPR for packaging and covered products, that would require producers to register and annually report data on covered products.

Looking Ahead

The momentum behind packaging EPR in the United States shows no signs of slowing. With seven states now actively implementing programmes and several others advancing legislation, 2026 is set to be a pivotal year. Across jurisdictions, producers will face increasing obligations ranging from registration and data reporting to fee payments and participation in approved stewardship plans.

At the same time, ongoing rulemaking, legal challenges, and needs assessments highlight that EPR implementation remains an evolving process, with programme design and compliance requirements continuing to take shape. For businesses operating across multiple states, this growing patchwork of obligations underscores the importance of early engagement, accurate data collection, and proactive compliance planning.

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