The landscape of packaging waste management continued to evolve for the better in 2025, as two more states enacted Extended Producer Responsibility (EPR) laws and the first operational programs moved from planning to enforcement.

With Maryland and Washington joining the ranks, according to the Product Stewardship Institute, seven U.S. states now require companies that manufacture, distribute, or sell packaged products to bear financial and operational responsibility for the end-of-life management of that packaging. The expansion represents a fundamental restructuring of who pays for recycling infrastructure, shifting costs from municipalities and taxpayers to producers of packaging materials that have often gone unrecycled.

EPR laws require companies that manufacture, import, or brand packaged products to fund the collection, sorting, and recycling of those materials after consumers discard them. Peoducers pay into nonprofit Producer Responsibility Organizations (PROs) that in turn reimburse local governments and invest in recycling infrastructure improvements. The policy creates financial incentives for producers to reduce packaging volume, increase use of recycled content, and design easy-to-recycle or compostable products. 

From Legislation to Implementation

Maryland’s SB 901, which became law in May, is unique because it allows multiple PROs to operate programs while incentivizing the use of recyclable, reusable, or compostable packaging.

Washington’s EPR program, also signed into law in May, will require capturing consumer packaging while expanding collection services to reach hundreds of thousands of homes not currently served by curbside recycling. The Evergreen State’s compliance deadlines for producers to participate are in 2028.

In addition to these comprehensive EPR programs, several states advanced legislation. Hawaii has enacted HB 750, which calls for an EPR needs assessment by the state’s Department of Health to determine requirements for implementing an EPR program. The results are due to the legislature by the end of 2027. Meanwhile, Rhode Island passed a similar needs assessment bill in June.

Maine, which passed the nation’s first packaging EPR law in 2021, amended its rules. The updated EPR law includes exemptions designed to protect small businesses: Producers with less than $5 million in gross annual revenue are exempt for the first three years (dropping to $2 million thereafter), as are those selling less than one ton of packaging annually in the state. Maine also gave a break to perishable food producers with less than 15 tons of packaging, as well as to nonprofit organizations and businesses primarily selling salvage or closeout goods, which are also exempt, along with beverage containers already covered under the state’s bottle bill, paint containers with high recycling rates, and packaging for federally regulated products such as medical devices and hazardous materials.

In 2025, Connecticut passed HB 5019, establishing producer responsibility for consumer batteries, while Nebraska enacted LB36, the Safe Battery Collection and Recycling Act.

Oregon Breaks Ground as First Operational Program

Oregon’s controversial program officially began implementation on July 1, 2025, when PRO membership fees were due and enforcement—including noncompliance penalties of up to $25,000 per day—went into effect. More than 2,000 producers registered and received their first invoices from the state government, marking the first time U.S. packaging producers paid into a comprehensive EPR system.

Oregon’s transition exposed significant challenges.

“How do I know if I’m foodservice? How do I know which covered materials are part of the program?” said Jeff Fielkow, CEO of the Circular Action Alliance (CAA), the PRO leading producer programs in five states. “This was a massive learning curve,” he told Packaging World.

Navigating the State-by-State Patchwork

The seven states with comprehensive EPR packaging laws—Maine, Oregon, Colorado, California, Minnesota, Maryland, and Washington—each operate on their own timelines with different requirements. The lack of consistent rules in the states has presented challenges.

California: Even though the regulations are not finalized, qualifying producers in the state were required to submit 2023 baseline packaging data, including total supplied weight and weight of plastic components across 94 Covered Material Categories by packaging material type, form, and plastic content. Beginning in January 2027, companies that do not comply with the rules will be fined up to $50,000 per day for failing to meet California’s requirements.

Colorado: Producers were required to register with CAA, the state’s packaging PRO, by October 1, 2024, and submit initial supply reports by the end of this past July. Colorado’s fees will take effect beginning in January 2026.

Minnesota: The state also selected CAA as its PRO in February. Producer registration was required by July 1, 2025. Now, PROs must submit their first comprehensive stewardship plans to the state by October 1, 2028.

Legislation Stalls in Key States

Despite the momentum, several states saw EPR bills fail to advance in 2025. New York’s S 1464 made significant progress but ultimately stalled on the floor. New Jersey’s S 3398, introduced in 2024, was considered by Senate and Assembly committees in 2025, but did not pass.

Tennessee’s SB 269 and HB 600, the Tennessee Waste to Jobs Act, failed for the second consecutive year.

Nebraska’s LB 607, which would require producers to report packaging recycling and management data to the public, was last discussed by legislators in February and remains in legislative limbo.

146 Laws Across 21 Product Categories

While packaging EPR has dominated recent legislative activity, it represents only one segment of a broader producer responsibility movement. According to the Product Stewardship Institute, its expert testimony and model legislation have helped enact 146 EPR laws in 35 states across 21 product categories, including packaging, protecting 1.3 billion acres of land and 272 million people.

The Circular Action Alliance is currently the only organization approved to implement EPR laws for paper and packaging in California, Colorado, Oregon, Minnesota, and Maryland, providing an increasingly streamlined compliance pathway that could standardize rules.

What’s Ahead In 2026?

Packaging EPR in the United States is here to stay and is poised to take hold in new states every year. More states are pursuing EPR legislation in the absence of a comprehensive federal program, and these trends will likely continue and expand. The shift from municipal waste management to producer responsibility represents a permanent restructuring of the recycling economy—one that requires immediate attention to data systems, packaging design, and compliance infrastructure.