Cities and municipalities across the United States are contending with increasing volumes of waste. In response to this rise, along with growing consumer concerns about packaging waste, state lawmakers are enacting extended producer responsibility (EPR) legislation.
In recent years, seven states have passed EPR laws for packaging waste: Maine, Oregon, California, Colorado, Minnesota, Washington, and Maryland. More states and municipalities are introducing legislation each year. These laws are reshaping how packaging is managed across the value chain, presenting significant challenges as well as new opportunities for consumer goods companies.
These EPR packaging laws require producers to pay fees based on the total amount of the distributed (sold) packaging. The definition of “producer” varies from state to state but generally refers to brand owners or their licensees. To determine whether EPR legislation applies to your brand and products, start by checking whether your packaging materials fall within the scope of the legislation in each state.
Some states have laws that apply only to specific industries or product types. If your packaging is covered, you can then assess whether the amount you distribute exceeds the minimum threshold for compliance. Many states also offer exemptions for certain entities, such as small businesses, that are not subject to producer obligations. If your packaging materials fall within both the scope of legislation and above the minimum threshold, you may be held accountable as a producer in that state. You can further verify that by reviewing how “producer” is defined in each state.
A clear path for navigating EPR regulations
As EPR programs continue to roll out across the U.S., it’s important for producers and brand owners to understand the various deadlines and fee schedules that apply to them in each state. The range of deadlines and producer responsibilities can make compliance confusing, but most states follow a similar three-step process that provides a clear path for navigating EPR laws: registration, data reporting, and fee accrual.
Registration
As a producer or brand owner, the first step in complying with a state’s EPR laws is registering with that state’s Producer Responsibility Organization (PRO). The PRO is responsible for administering EPR programs and supporting manufacturers in meeting their obligations. Registering with the PRO is the first step to compliance with EPR requirements and provides access to producer-specific resources.
Several registration deadlines have already passed, including in Colorado and Oregon. Others are quickly approaching — Minnesota, for example, has a deadline of July 1, 2025. If you’ve missed a deadline, it’s still important to register promptly to avoid penalties. Failure to register can have serious consequences. For example, in Colorado, producers that have not registered are prohibited from selling or distributing products in the state starting July 1, 2025.
Data collection and reporting
After completing registration, producers must shift their focus to data collection and reporting. Once registered with the PRO, producers can submit required information. The Circular Action Alliance (CAA) utilizes a producer “portal” and provides training sessions and webinars to help registered producers navigate the portal and understand reporting requirements.
Accurate reporting is essential for the PRO to assess the recycling needs of producers and brand owners within each state. Through these reports, the PRO can determine the number of covered producers and the total tons of packaging they supply. This data is critical for setting accurate fee estimates, meaning the more producers that report on time, the easier it is to estimate the financial impact of EPR compliance. Colorado has the next data reporting deadline on July 31, 2025.
Fees accrual
As EPR programs take effect, it’s essential for producers and brand owners to understand the fees they will incur in each state where they operate. EPR fees are paid to the approved PRO. Final fees will depend on the actual weight of materials sold in each state, which the PRO collects from all registered producers.
Each state allocates EPR fees differently. In Oregon, funds will support expanded collection for hard-to-recycle materials, upgrades to material recovery facilities, and contamination-reduction programs like food waste diversion. In Colorado, fees will fund free recycling services for all residents, at no cost to individuals or local governments. Many states are also investing in education and outreach to improve recycling rates and public awareness.
Oregon’s EPR program begins in July 2025, at which point fees will be finalized, and producers must begin making payments to the PRO.
Upcoming EPR deadlines for producers
We have compiled a state-by-state list of registration, reporting, and fee deadlines to help producers track their varying responsibilities. While several programs are beginning to take shape this year, many more will begin fee collection and full implementation in 2026.
The state-by-state list of registration, reporting, and fee deadlines can be viewed here.
