Extended Producer Responsibility (EPR) laws: A new supply chain compliance requirement

This summer, three more states join California and Oregon in beginning to enforce their Extended Producer Responsibility ("EPR") laws, which generally require producers to bear the financial and operational responsibility for managing their single-use packaging materials and food service ware at end of life, mainly through funding a producer responsibility organization (explained in more detail below) to recycle these materials. Specifically, Maryland, and Washington have each instituted deadlines for "covered producers" to complete the first step in complying with their obligations under EPR laws, which is to register with their chosen producer responsibility organization ("PROs," sometimes referred to as a stewardship organizations or "SOs"). In the EPR context, a PRO is a third-party entity, typically a non-profit organization that is state-appointed or state-approved, that collectively manages the end-of-life disposal and recycling of the covered producers' products. Maryland requires such registration by May 31, 2026, while Washington requires registration by July 1, 2026. Non-compliant covered producers may face sales restrictions in individual states and significant monetary penalties. Given the prevalence of single-use packaging materials, modern supply chains must take EPR compliance into account.

1. Background

Since Maine passed its EPR statute in 2021,¹ six more states have legislated their EPR statutes, including (chronologically) Oregon,² Colorado,³ California,⁴ Maryland,⁵ Minnesota,⁶ and Washington.⁷

Under EPR laws, "covered producers" are generally responsible for recycling "covered materials" they introduce into the state in question. Covered producers need to register with each state's PRO and file annual supply reports with the state governments. Covered producers must then pay certain fees to the PRO for managing the recycling of the covered materials they introduce into the market, typically based on usage volume. California, Colorado, Maryland, Minnesota, Oregon and Washington have designated the Circular Action Alliance ("CAA") as their PRO.

California, Minnesota and Oregon have required covered producers to register with a PRO as early as 2023. Maryland recently required PRO registration by May 31, 2026, while Washington set a PRO registration deadline of July 1, 2026. Maine released its request for proposals for the state's designated SO on June 15, 2026, and once selected, the SO will prepare the registration mechanism.

Failure to comply with EPR laws may result in monetary penalties, inclusion in a non-compliant businesses list, and sales restrictions in individual states. At this time, Oregon is the only state actively enforcing its EPR program, with Colorado and California set to be the next, as they are scheduled to implement their EPR programs beginning Summer of 2026 and January 1, 2027, respectively.

2. Who and what do EPR laws cover?

"Covered Materials": State EPR laws cover single-use packaging, meaning packaging routinely recycled, disposed of or discarded after use and typically not refilled or reused by the producer, as well as plastic single-use food service ware, including plastic beverage containers.⁸

"Covered Producer": Coverage under EPR laws can be broad. A producer is responsible for compliance obligations, such as recycling covered products, only if it meets the statutory criteria. This determination is nuanced. For example, with respect to an e-commerce business the platform operator, the manufacturer, or the distributor of the product being sold, may be the covered producer depending on a number of factors, including whether the packaging bears any branding or other identifying marks. Other factors to consider in the analysis of who is the covered producer may include brand ownership and trademarks, status as exclusive producer, whether the business is the importer of record, and so on.

3. Covered producers’ obligations and states’ enforcement

Covered producers' obligations:

• Register with the state's chosen PRO by the state's deadline.
• Report material data to the relevant state agency. While the EPR laws allow a producer to file reports independently, the reporting will most likely be done through the state's PRO portals. In order to prepare its supply report, the producer needs to (1) identify the covered products in its supply chain, (2) determine whether it is the covered producer for the covered products, and (3) determine and apply the appropriate supply reporting methodology.⁹
• Pay applicable fees to the PROs by the applicable deadline. Based on the usage data provided by the covered producers, PROs will determine the fees that the covered producer must pay to account for recycling the covered materials. Fees can vary based on the covered material.
• Determine covered producer category. Several states distinguish between large and small covered producers and impose less stringent obligations on small covered producers. The threshold for qualifying as a large covered producer varies by state.

States' enforcement:

• Oregon has been actively enforcing its EPR law since the program's entry into force on July 1, 2025. On April 9, 2026, Oregon's Department of Environmental Quality ("ORDEQ") published its first Producer Status List identifying approximately 300 non-compliant covered producers that failed to register, report or pay required fees.¹⁰ Public designation as non-compliant poses significant reputational risk¹¹ – one of the foremost concerns on business leaders' minds.¹² According to ORDEQ, failing to register or become a member of a PRO can result in fines of up to $25,000 per day.¹³
• Notably, a suit filed by the National Association of Wholesaler-Distributors ("NAW") resulted in Oregon being preliminarily enjoined from enforcing its EPR law against NAW members who held that membership as of February 6, 2026.¹⁴ The District Court for the District of Oregon found that NAW raised serious questions on whether Oregon's EPR law discriminates against out-of-state producers, creates undue burden on interstate commerce, and violates due process for not providing meaningful opportunities for comment. The Court granted the preliminary injunction because of the likelihood of irreparable injury to and the significant hardships faced by NAW. A five-day trial is scheduled to begin July 13. Oregon has not halted enforcement of its EPR law as to other businesses not involved in the suit. Shortly after the Court clarified the injunction's limited scope on April 6, the state released its non-compliant business list on April 9.
• In addition to monetary penalties for non-compliance on a per violation basis, California, Colorado, Minnesota, Washington, Maryland, and Maine prohibit non-compliant producers from selling, offering for sale, or distributing products with covered materials (i.e., packaging) in or into their respective states.¹⁵

Below is a summary of compliance deadlines and penalties for each state with EPR laws:

4. Suggested actions for producers

Considering the potential for sales restrictions and cumulative monetary penalties, businesses that use covered materials (i.e., single use packaging materials) to sell products into one of the states with EPR laws (California, Colorado, Maryland, Maine, Minnesota, Oregon, or Washington) should take the following steps to determine applicability of and facilitate compliance with the states' EPR laws.

• Step 1: Determine if you are a covered producer under the states' EPR law and thus responsible for those covered materials you introduced into the states.
• Step 2: If yes, register with the state-designated PRO prior to the relevant deadline to avoid non-compliance. In all cases but Maine, this would be CAA.
• Step 3: Understand applicable reporting requirements and establish state by state monitoring infrastructure for reporting usage of covered materials destined to EPR states. Collect data on the covered materials used by the business or any third-party sellers to prepare the supply report filing.
• Step 4: Prepare supply report and submit it to the relevant reporting agency. Pay any relevant fees to the PRO according to the usage amount (for instance, the weight of the covered materials the producer introduced into the state) based on the state's fee schedule, such as the Oregon's.
• Step 5: Monitor regulatory developments to track any new EPR laws or regulations and ensure that you understand applicable requirements when additional states enact EPR laws, or if your business becomes a covered producer due to changes in circumstances.

Please do not hesitate to contact us should you have any questions.

_{1 Maine Title 38, §2146: Stewardship program for packaging.
2 OR S.B. 582
3 CO H.B. 22-1355.
4 California Public Resources Code §§ 42040-42090.
5 Maryland S.B. 901 (2025).
6 Minn. Stat. § 115A.144-115A.1463, Packaging Waste and Cost Reduction Act.
7 Wash. Rev. Code §§ 70A.208.010–.900 (2025).
8 See California Public Resources Code § 42041(e)(1)–(2); CO H.B. 22-1355 § 25-17-703(13); Maine Title 38, §2146(1)(I); Minn. Stat. § 115A.1441; OR S.B. 582 § 2(6); Wash. Rev. Code §§ 70A.208.020(13); (19); (25)-(26); Maryland COMAR 26.04.14.03.
9 See e.g., Oregon Department of Environmental Quality, Producers of Covered Products, https://www.oregon.gov/deq/recycling/pages/producers-of-covered-products.aspx
10 Producer Status List, Oregon Department of Environmental Quality, Producers of Covered Products, https://static1.squarespace.com/static/64260ed078c36925b1cf3385/t/69d903d0c3c096784a3aeb66/1775829968918/RMA+Quarterly+Producer+Status+List_as+of+4-9-2026.pdf.
11 Navigating Oregon's Recycling Modernization Act: What Producers Need to Know, Circular Action Alliance (Mar. 5, 2025), https://circularactionalliance.org/news-feed/what-producers-need-to-know
12 See Willis Towers Watson, Global Reputational Risk Readiness Survey 2024/25 (May 27, 2025), https://www.wtwco.com/en-bm/insights/2025/05/global-reputational-risk-readiness-survey-2024-25; KPMG, ESG Assurance Maturity Index, https://kpmg.com/xx/en/our-insights/esg/esg-assurance-maturity-index.html.
13 Department of Environmental Quality : Producers of Covered Products : Recycling : State of Oregon.
14 See generally National Association of Wholesaler-Distributors v. Feldon, Docket No. 3:25-cv-01334 (D. Or. Jul 30, 2025).
15 See e.g., California Public Resources Code § 42051(b)(1); Wash. Rev. Code § 70A.208.040(2) (2025).
16 California — Circular Action Alliance
17 California Public Resources Code § 42051(b)(1).
18 California Public Resources Code § 42051(b)(1).
19 Producer Responsibility Program | Colorado Department of Public Health and Environment
20 CO H.B. 22-1355 Sec. 25-17-708(1).
21 Maryland — Circular Action Alliance
22 https://regs.maryland.gov/us/md/exec/comar/26.04.14.06; https://regs.maryland.gov/us/md/exec/comar/26.04.14.07.
23 Title 38, §2146: Stewardship program for packaging.
24 Minnesota — Circular Action Alliance
25 Packaging Waste and Cost Reduction Act §§ 115A.143-1463.
26 Department of Environmental Quality : Producers of Covered Products : Recycling : State of Oregon
27 Washington — Circular Action Alliance
28 Wash. Rev. Code § 70A.208.040(2) (2025).}

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