EPR Laws in the US: Which States Have Packaging Regulations in 2026?

Table of Contents

1. 1.What Is EPR for Packaging?
2. 2.California: SB 54 — The Plastic Pollution Prevention and Packaging Producer Responsibility Act
3. 3.Maine: LD 1541 — The First US EPR Law
4. 4.Oregon: SB 582 — The Plastic Pollution and Recycling Modernization Act
5. 5.Colorado: HB 22-1355 — The Producer Responsibility Program for Statewide Recycling
6. 6.States with Pending EPR Legislation
7. 7.Cost Implications for US Companies
8. 8.How to Prepare
9. 9.How Packgine Helps

Extended Producer Responsibility (EPR) is no longer a European phenomenon. As of 2026, a growing wave of US states have enacted—or are actively pursuing—EPR legislation that shifts the financial and operational burden of packaging waste management from municipalities to the producers who create the packaging in the first place.

What Is EPR for Packaging?

EPR, or Extended Producer Responsibility, is a policy framework that requires companies that manufacture, import, or sell packaged goods to take financial and sometimes operational responsibility for the end-of-life management of their packaging. This includes collection, sorting, recycling, and disposal. The core principle is simple: if you create the packaging, you pay for managing it after consumers are done with it.

In practice, EPR programs typically require producers to register with a Producer Responsibility Organization (PRO), report the types and volumes of packaging they place on the market, and pay fees that fund recycling infrastructure and programs.

California: SB 54 — The Plastic Pollution Prevention and Packaging Producer Responsibility Act

California's SB 54, signed into law in June 2022 and phasing in through 2032, is the most ambitious packaging EPR law in the United States. It requires all single-use packaging and plastic food service ware sold in California to be recyclable or compostable by 2032.

Key requirements include a 25% reduction in single-use plastic packaging by 2032, a 65% recycling rate for all single-use packaging by 2032, and the establishment of a PRO to manage the program. Producers must pay into a fund managed by CalRecycle, with initial assessments expected to range from $500 million to $1 billion annually across all covered producers.

The cost implications are significant. Small brands selling into California may face fees ranging from $5,000 to $50,000 annually depending on packaging volume, while large CPG companies could see costs of $1 million to $10 million or more. Non-compliance penalties can reach $50,000 per day per violation.

Maine: LD 1541 — The First US EPR Law

Maine made history in July 2021 by becoming the first US state to enact an EPR law for packaging (LD 1541). The program requires producers to join a stewardship organization and pay fees based on the amount and recyclability of their packaging.

Maine's approach is notable for its tiered fee structure: packaging that is readily recyclable in Maine's infrastructure pays lower fees, while hard-to-recycle materials pay significantly more. This creates a direct financial incentive for producers to design more recyclable packaging. The program began collecting fees in 2024, with full implementation expected by 2026.

For companies selling into Maine, the annual cost impact ranges from a few hundred dollars for small producers to tens of thousands for larger brands. The state estimates the program will generate approximately $14 million annually to fund municipal recycling programs.

Oregon: SB 582 — The Plastic Pollution and Recycling Modernization Act

Oregon's SB 582, enacted in August 2021, takes a comprehensive approach to packaging EPR. It requires producers to join a PRO, fund the collection and recycling of their packaging materials, and meet specific recycling targets that increase over time.

Key features include mandatory collection of all packaging materials (not just plastics), a needs assessment to identify gaps in Oregon's recycling infrastructure, and a producer-funded system that must cover the full cost of recycling eligible packaging. Oregon's DEQ estimates the program will cost producers between $100 million and $150 million annually when fully implemented.

Colorado: HB 22-1355 — The Producer Responsibility Program for Statewide Recycling

Colorado's HB 22-1355, signed in June 2022, establishes a comprehensive EPR program with a strong emphasis on equity and access. The law requires producers to fund a statewide recycling system that provides convenient access to recycling for all Colorado residents, regardless of where they live.

The program requires producers to pay into a fund managed by a PRO, with fees based on packaging type, recyclability, and volume. Colorado's approach includes provisions for underserved communities and rural areas that currently lack recycling infrastructure. Estimated annual costs for the program range from $75 million to $125 million across all producers.

States with Pending EPR Legislation

Several additional states are actively pursuing EPR legislation as of 2026. New York has introduced multiple EPR bills, with the Extended Producer Responsibility Act (S.4246) being the most comprehensive. Washington State's HB 1131 would create a packaging stewardship program similar to Oregon's model. Illinois, Massachusetts, Maryland, and Minnesota have all introduced EPR bills in recent legislative sessions.

The trend is clear: within the next five years, a majority of US states are expected to have some form of packaging EPR legislation. Companies that proactively prepare for these requirements will have a significant competitive advantage.

Cost Implications for US Companies

The financial impact of EPR compliance varies dramatically based on company size, packaging volume, and material choices. Here's a breakdown of estimated annual costs:

Small businesses (under $5M revenue): $2,000–$25,000 per state in EPR fees, plus $5,000–$15,000 in compliance management costs (reporting, data collection, PRO membership).

Mid-sized companies ($5M–$100M revenue): $25,000–$250,000 per state in EPR fees, plus $50,000–$150,000 in compliance infrastructure (staff, systems, consulting).

Large enterprises (over $100M revenue): $250,000–$10M+ per state in EPR fees, plus $200,000–$500,000 in compliance management, data systems, and legal costs.

Companies operating across multiple EPR states face multiplicative costs and complexity. A mid-sized brand selling in California, Oregon, Maine, and Colorado could face total EPR costs of $200,000 to $1 million annually—before accounting for packaging redesign investments needed to reduce fees.

How to Prepare

Companies should take several immediate steps to prepare for the expanding EPR landscape. First, audit your packaging portfolio to understand exactly what materials you use, in what volumes, and where they're sold. Second, assess recyclability across every market—what's recyclable in California may not be in Maine. Third, invest in compliance software that can track requirements across multiple jurisdictions and automate fee calculations and filings. Finally, consider packaging redesign to reduce EPR fees by switching to more recyclable materials and formats.

The companies that treat EPR as a strategic opportunity rather than a regulatory burden will be best positioned for the decade ahead.

How Packgine Helps

Packgine is purpose-built for exactly this challenge. Our platform automates EPR compliance across all US states—California, Maine, Oregon, Colorado, and emerging programs—so you never miss a filing deadline or miscalculate a fee.

EPR & PPWR Compliance Automation: Packgine continuously monitors legislative changes and automatically updates fee calculations, reporting requirements, and filing deadlines for every jurisdiction where you sell. One dashboard replaces dozens of spreadsheets and manual processes.

Compliance Cost Estimating: Our scenario planning engine lets you model EPR costs across current and future state programs before they take effect. See exactly how fee changes, new state laws, or portfolio shifts will impact your bottom line—and plan accordingly.

Alternative Product Suggestions: Packgine's material intelligence engine analyzes your packaging portfolio and recommends alternative materials, formats, and designs that improve recyclability scores, reduce EPR fees, and lower total packaging costs over time. Switch from multi-layer films to mono-material alternatives, identify lightweighting opportunities, and benchmark your packaging against best-in-class recyclability standards—all within the platform.

Whether you're a small brand selling into one EPR state or a multinational managing compliance across dozens of jurisdictions, Packgine turns regulatory complexity into a competitive advantage.

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