The Latest Pandora's Box: What You Need To Know Now About State EPR Laws

Highlights

• Seven states currently have packaging extended producer responsibility (EPR) programs in place. Implementation of state programs has picked up significantly, with several key deadlines approaching in 2026 and 2027.
• At least two additional states have introduced EPR legislation so far in 2026, and several other states have existing proposals, signaling continued expansion of state-level programs.
• Companies must conduct state-specific applicability analyses to determine whether 1) they meet each state's definition of a "producer," 2) their products use packaging captured by each state's "covered material" definition or 3) they may be exempt. Each state also has different deadlines for registering and reporting.

Since Holland & Knight's previous alert about state extended producer responsibility (EPR) laws for packaging, there have been significant developments in the implementation of these programs. Seven states currently have EPR programs in place: Maine, Oregon, Colorado, California, Minnesota, Maryland and Washington. (For updates specific to Washington's EPR program, see Holland & Knight's previous alert, "Washington State Enacts EPR Program for Packaging and Paper Products," May 21, 2025.) More states are expected to follow in the coming years. Implementation of state programs has also picked up, with several key deadlines approaching in 2026 and 2027.

Because of the complexity surrounding these laws and patchwork of state programs that have developed in this space, as well as some compliance deadlines that have already passed, companies that may be subject to these laws should start evaluating their potential obligations as soon as possible. This Holland & Knight alert provides a brief overview of EPR, the status on implementation of existing state EPR programs and common features of these programs. Companies should, however, carefully evaluate the particular features of each state's program to gauge their compliance obligations on a state-by-state basis.

Common Features of State EPR Programs

As explained in more detail in the previous alert, EPR programs place the responsibility for end‑of‑life product management on the producers of packaging. EPR laws apply to producers of covered materials, which vary state to state but generally include most or all types of plastic and paper packaging products. These programs typically involve the development of statewide plans for reducing and recycling packaging waste and collection of data and fees to support statewide recycling, waste reduction or climate goals.

Because EPR programs have developed at the state level, compliance with these laws can pose challenges. Companies must conduct state-specific applicability analyses to determine if 1) they meet the definition of a "producer," 2) their products use packaging that meets the definition of a "covered material" and 3) any exemptions may apply. Each state also has different deadlines for registering, reporting and fee payments, as well as other state-specific requirements that may depend on the type of packaging or material at issue. Though applicability must be determined based on each state's statute, regulations or guidance, there are common features of state EPR programs of which companies should be aware.

• Common Definitions of "Producer." States generally take a tiered approach to defining a "producer." Typically, the first entity that a state turns to is the manufacturer of the packaged product and/or the owner or licensee of the brand or trademark under which the packaged product is sold. If the manufacturer and/or brand or trademark holder is not present in the state, states typically next turn to the distributor or importer of the packaged product.
• Common Exemptions. States generally include revenue or in-state sales thresholds below which a company is exempt from program requirements. These generally range between $2 million and $5 million in total revenue or in-state sales. States also generally exempt packaging for certain types of products, packaging for certain types of transactions (such as business‑to‑business transactions) and packaging used for long-term storage of a product. Producers that introduce de minimis amounts of packaging into the state may also be exempt.
• Registration Requirements. All seven states require that producers either join Producer Responsibility Organizations (PROs) – sometimes called Stewardship Organizations – that serve as the single organization responsible for compliance with a particular state's recycling and waste reduction requirements or allow producers to comply on their own without joining a PRO if the state preapproves the individual compliance plan. PROs submit state approval plans that explain how the PRO will implement the program requirements and monitor compliance among PRO members. To date, the only approved PRO for all states' EPR programs is the Circular Action Alliance, although some states with enacted EPR statutes are still working on designating their PRO.
• Reporting Requirements. All EPR programs require producers that are not otherwise exempt to report data on covered materials. The approved PRO typically collects this data and assesses fees based on the packaging data that a producer reports.
• Fee Requirements. Producers who are not exempt are also required to pay fees under all state EPR programs to support program implementation. The approved PRO typically collects these fees. Fee structures may also differ by state, with some states introducing eco‑modulation bonuses or maluses in their fee structures.
• Penalties. Each state imposes penalties either by statute or regulation for violations of its respective EPR requirements. These penalties are substantial and can range anywhere from $5,000 to $100,000 per day, depending on whether the violation is a first-time or repeat issue. States also typically set dates by which a producer's sale or distribution of covered materials is prohibited in the state absent EPR compliance.

Implementation Status and Timing

The seven states that have enacted EPR programs are in various stages of implementation. On the registration front, Colorado was the first to require producer registration, with a deadline of October 1, 2024. Oregon and Minnesota required registration by deadlines in 2025. Initial producer registration deadlines are set in 2026 for Maine, Maryland and Washington. In California, while the PRO encouraged producers to register by September 5, 2025, individual producers must be approved to participate in the PRO plan by January 1, 2027, or earlier if the plan is approved sooner.

On the fee and reporting front, producers in Oregon have already been issued fees based on their 2024 reported supply data. Colorado producers were required to report initial supply data by July 31, 2025, and invoices for their first producer fees were scheduled to be issued beginning on January 1, 2026. Producers in Colorado, Oregon and Maine are preparing to report on 2025 supply data. Payments will likely not begin in California until 2027 and Maryland in 2028.

Of the seven states, programs in Minnesota and Washington are in the earliest stages of development. Minnesota's PRO Stewardship Plan is not due until 2028, with producers expected to cover at least 50 percent of program costs by February 1, 2029. Program implementation in Washington is not expected to start until 2030.

EPR Legislation to Watch

So far in 2026, at least two states – New Hampshire and Wisconsin – have introduced some form of EPR legislation. Several states have pending proposals (or proposals from prior legislative sessions that could be reintroduced), including Massachusetts, New Jersey, New York, Rhode Island and Virginia. With more state legislatures actively considering packaging EPR laws each year, absent federal action, companies should expect continued expansion of a patchwork of state‑level programs. As a result, any company that could meet the definition of a "producer" in any jurisdiction in which it does business will need to closely monitor forthcoming legislation and proactively assess how emerging state requirements may impact their nationwide operations.

Conclusion

Holland & Knight is working closely with brands and distributors to help them understand and meet their current and upcoming EPR obligations. Our attorneys are also assisting companies as they evaluate EPR-related liabilities that may arise in mergers, acquisitions and other corporate transactions. Members of our policy team are also engaged in tracking state EPR legislation and can assist with policy development and advocacy around EPR issues.

EPR law is still in its early stages, and state programs differ significantly. Even small differences among state programs, including the way in which each state defines a "producer," can create meaningful practical consequences for regulated businesses. Key questions about how these laws will be implemented and applied in specific circumstances (such as how EPR obligations transfer following a merger or acquisition) also remain unanswered by regulators as states continue to draft implementing regulations and guidance. In sum, EPR regulation remains a highly technical and evolving area of law. Holland & Knight's EPR Team is available to support navigation of these challenges.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.