Extended Producer Responsibility (EPR) for packaging is no longer a future concept—it’s here, and it’s accelerating. Since late 2024, more U.S. states have joined the movement to shift packaging waste costs and responsibilities onto producers, while those already on board are moving toward implementation.
Whether you’re a manufacturer, importer, or brand selling into the U.S., this guide brings you up to speed on where EPR laws stand in 2025, what’s changed since last year, and how to prepare for the next wave of compliance.
What Is Extended Producer Responsibility (EPR) for Packaging?
EPR is a policy approach that requires producers—those who manufacture, sell, or import packaged goods—to fund and manage the end-of-life impacts of their packaging. That includes recycling, reporting, and in some cases, redesigning packaging for sustainability.
The goal is to create a circular economy where packaging materials are recovered and reused rather than sent to landfills or incinerators. EPR laws often require producers to:
- Register with a Producer Responsibility Organization (PRO)
- Report annual packaging volumes and materials
- Pay eco-modulated fees based on recyclability and environmental impact
- Meet specific reduction or recyclability targets
Where EPR Laws Stand in the U.S. (as of May 2025)
As of May 2025, five states have passed EPR legislation and are in various stages of implementation:
- Maine (first to pass EPR in 2021; implementation ongoing, report data due in May 2026)
- Oregon (EPR program starts July 1, 2025)
- California (CAA preliminary data due in August 2025)
- Colorado (law passed in 2022; CAA preliminary data due July 31, 2025, program begins early 2026)
- Minnesota (PRO registration due July 1, 2025)
- Washington (pending) Recycling Reform Act (SB 5284) passed both legislative chambers in April 2025; awaiting the governor’s signature
- Maryland (SB901 signed into law on May 13, 2025; producers to submit a producer responsibility plan to the Maryland Department of the Environment (MDE) by July 1, 2028 and every 5 years after)
Additionally, New York’s Packaging Reduction and Recycling Infrastructure Act passed the Assembly Codes Committee on May 6, 2025 and is currently under consideration by the Ways and Means Committee. If passed into law, it would aim to:
- Cut plastic packaging by 30% by 2035
- Save the state $1.3 billion over the next decade
- Push for reuse and refill infrastructure development
If enacted, New York’s law would introduce packaging reduction targets—a first for the U.S. A floor vote is expected before the end of the legislative session in June.
It’s important to note that each state defines producers, covered packaging types, fee structures, and reporting requirements slightly differently. For example:
- California’s law (SB 54) covers single-use packaging and plastic foodware, with eco-modulated fees based on recyclability and environmental impact.
- Colorado includes both residential and some commercial packaging in its EPR system.
- Oregon provides a detailed list of recyclable packaging materials that must be reported by producers.
- Minnesota is in early implementation, requiring producers to register with a designated Producer Responsibility Organization (PRO) by July 1, 2025.
As a result, national brands may face five or more distinct compliance frameworks in 2025 alone, each with different definitions, data requirements, and timelines.
Non-Recyclables
In parallel with EPR implementation, states are also targeting non-recyclable materials. Another trend continuing into 2025 is the banning of polystyrene foam, commonly called Styrofoam. As of February 2025, 11 states and 2 U.S. territories have banned polystyrene food and packaging products, including California, Colorado, Maryland, New York, Maine, and Oregon. These bans often coincide with broader packaging reform policies.
For producers, this signals a growing market rejection of non-recyclable and toxic materials—whether through formal bans or fee penalties under EPR systems.
What Producers Should Do Now to Get Ahead
1. Map Your Market Exposure
Identify which states you sell into and whether their EPR laws apply to your products or packaging.
2. Register with Applicable PROs
Each state has designated one or more PROs to handle producer reporting and fee collection. For example, Circular Action Alliance (CAA) is the selected PRO in California and Minnesota.
3. Conduct a Packaging Audit
Evaluate your current packaging against criteria like recyclability, material type, and volume. Non-recyclable packaging will be more expensive under eco-modulated fee systems.
4. Invest in Data Collection Systems
Accurate packaging data is critical for compliance. This includes material weights, polymer types, and end-of-life fate.
5. Plan for Cost Impacts
EPR fees will begin hitting budgets in 2026, and packaging choices today will influence your costs tomorrow.
Looking Ahead
With new states adopting legislation, updated deadlines, and growing material bans, 2025 is a watershed year for U.S. packaging policy. We anticipate additional state bills, more guidance on fee structures, and a shift from voluntary to enforced compliance.
Producers who act now—by redesigning packaging, organizing data systems, and engaging with PROs—will be better positioned to thrive in this new regulatory landscape.
Need help navigating state-by-state EPR compliance?
Connect with Tetra Tech’s experienced compliance team at [email protected] for tailored guidance on reporting requirements, packaging audits, and regulatory strategy.
