Extended Producer Responsibility (EPR) laws rolling out across the country apply to a wide range of companies, including manufacturers, brand owners and licensees, importers, distributors, and retailers. The laws shift the burden of end-of-life disposal costs of packaging materials and certain paper and single-use products from local governments and taxpayers to the companies that introduce them into the state. If your company is involved in the manufacture, sale, distribution, or import of packaged products and certain paper and single-use products in any of the states identified below, you will want to confirm whether the new laws apply to your business and take appropriate steps to ensure compliance.

As of November 15, 2025, seven states have enacted EPR laws—California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington—and over a dozen additional states have introduced EPR bills.

What Are EPR Laws?

As noted above, EPR laws shift the cost of waste management of specifically defined products from municipalities to the “producers” of the products. While states have been imposing requirements on producers of certain products for years (e.g., electronic products, paint, and batteries), the new EPR laws focus on packaging materials and certain paper and single-use products.

Who Must Comply?

“Producers” are responsible for complying with the state EPR laws and are generally the party responsible for introducing a covered product into the state. Producers may include the manufacturer, the brand owner or licensee, or the importer of, or the party that first distributes, the covered product being sold or distributed in the state.

What Products Are Covered?

In broad strokes, the materials regulated by the EPR laws tend to be disposed of after a single or short-term use and, depending on the jurisdiction, may include packaging materials (e.g., storage, shipping, or moving materials), service packaging (e.g., single-use shopping bags), paper products (e.g., magazines, brochures, flyers), and/or food service ware (e.g., takeout containers, single-use cups, bags). Each state’s definition of the materials covered by the law also includes exemptions, some of which are industry and product specific (e.g., packaging for infant formula) and some of which are categorical in nature (e.g., packaging or paper products used to contain a product that is distributed to a business entity for the production of another product, without being sent to another entity or consumer).

How Do the EPR Programs Work?

The EPR programs generally require producers to register with the designated Producer Responsibility Organization (PRO) or Steward Organization (SO), a non-profit entity tasked with administering the EPR program, or create their own costly compliance program. The producers then sign a contract with the PRO or SO (as applicable), report data related to the regulated products (such as types and volumes of products introduced into the state during a specified time period), and pay a fee that varies based on the volume and type of covered products introduced by that producer. Although the state programs have a similar framework, they differ in key ways, including the scope of products covered and related exemptions, the definition of “producer,” reporting requirements, fee schedules, and compliance deadlines. The discordance across jurisdictions impedes efforts to swiftly determine whether a company is a “producer” and creates a burdensome compliance scheme for those doing business in multiple jurisdictions. 

Though the EPR laws generally contemplate allowing multiple PROs to operate within a state, California, Colorado, Maryland, Minnesota, and Oregon have all approved only one PRO— Circular Action Alliance. Maine and Washington have not yet selected an SO or PRO, respectively.

Enforcement

Failure to comply with state EPR laws can be costly. Many states impose daily penalties for violations, including civil forfeitures of $25,000 or more per day. In addition, companies may face restrictions on selling their products within the state until the company has met registration, reporting, or other obligations. In many cases, states may issue administrative orders to cease sales or remove products from the market until such obligations are met. Some states also reserve the right to suspend or revoke producer registrations, effectively barring those companies from continuing operations within the jurisdiction.

Legal Challenges

On July 30, 2025, a national trade association representing the wholesale distribution industry filed a lawsuit in the United States District Court for the District of Oregon challenging the constitutionality of Oregon’s EPR program. The outcome of the lawsuit could influence the framework of EPR programs in other states.

Takeaways

With no federal EPR legislation on the horizon, states will likely continue to take matters into their own hands, resulting in a patchwork of laws regulating different products and imposing a disjointed regulatory scheme. Companies potentially subject to EPR laws should evaluate whether they meet the definition of “producer” in each state and assess their compliance obligations.