As of October of this year, seven states have passed EPR laws (i.e., California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington), and more have bills pending in their legislatures. These laws are intended to reduce packaging waste and improve recycling by holding producers financially and operationally responsible for the end-of-life management of their products. Key compliance dates are rapidly approaching or are already in effect, and compliance is crucial to avoid penalties.
Basic compliance with state EPR laws begins by following a structured three-step approach:
- Determine Product Coverage: Verify whether state definitions of "covered materials" apply to your products (e.g., packaging, paper products, specific material types)
- Assess Producer Status: Determine whether your company is considered a “producer” under each state’s law or is exempt (e.g., due to revenue)
- Get Registered: If required, register with the appropriate state agency or Producer Responsibility Organization (PRO). Circular Action Alliance (CAA) is the PRO for California, Colorado, Maryland, Minnesota, and Oregon. The registration deadlines for Colorado, Oregon, and Minnesota have already passed, so register in those states as soon as possible. Maine and Washington have not announced their PROs. Maine expects to name one by March 2026.
Beyond these core compliance duties, we also recommend that companies:
- Establish Tracking and Reporting Systems: Implement standard operating procedures to track and report covered material quantities by type to meet state annual reporting requirements
- Track Multiple State Requirements: Monitor registration deadlines, fee structures, and reporting requirements across all states where you distribute products, as obligations vary significantly by jurisdiction
- Engage Early and Often with PROs: If you belong to a PRO, they are your go-to resource for meeting your producer responsibilities and paying the fees specific to your products
Staying up to date with evolving state EPR laws is essential for avoiding statutory penalties. Venable’s Food and Drug Law team is tracking the issue closely and can provide you with updates. Please contact the authors with any questions.