Packaging used to be a cost. Now it's a compliance file. Packaging EPR laws by state make brand owners pay for the collection and recycling of the packaging they put on the market. Seven states have them, and several programs are already sending invoices.
Here's the 2026 map, the dates that matter, and how to build one data set that serves every state.
Key takeaways
- Seven states: Maine, Oregon, Colorado, California, Minnesota, Maryland, Washington.
- Oregon, Colorado and California are furthest along, with reports due and fees assessed.
- Brand owners are usually the "producer."
- One clean packaging data set (material, weight, units by state) serves all programs.
What packaging EPR is
Extended producer responsibility shifts packaging end-of-life costs to producers. Producers join a producer responsibility organization (PRO), report how much packaging they supply into the state by material, and pay fees. Fees often vary by material and recyclability ("eco-modulation"), so harder-to-recycle packaging costs more.
The Circular Action Alliance (CAA) is the approved PRO in Oregon, Colorado, California, Maryland and Minnesota.
State-by-state snapshot (October 2026)
| State | Law | Status |
|---|---|---|
| Oregon | SB 582 (2021) | Live since July 1, 2025; fees invoiced; federal court upheld the law on August 27, 2026 |
| Colorado | HB22-1355 (2022) | Live since January 1, 2026; first invoices January 2026 |
| California | SB 54 (2022) | Final regulations effective May 1, 2026; registration closed June 1, 2026; PRO join deadline January 1, 2027 |
| Maine | LD 1541 (2021) | Stewardship organization selection failed in August 2026; registration expected later |
| Minnesota | Packaging Waste and Cost Reduction Act (2024) | Needs assessment due December 31, 2026; full program January 1, 2029 |
| Maryland | SB 901 (2025) | Regulations effective May 25, 2026; first registration window closed July 1, 2026 |
| Washington | Recycling Reform Act (2025) | PRO registration by July 1, 2026; plans due October 1, 2028 |
Dates move. Confirm with each state agency and your PRO.
Who is the producer
Most states follow a similar ladder:
- The brand owner of the product in the packaging.
- If not reachable, the licensee.
- Otherwise, the importer or distributor into the state.
E-commerce shipping packaging may have its own rules. Small-producer exemptions vary by state. See who is the producer under SB 54.
What gets reported
Common data across states:
- Material type: paper/fiber, plastics by resin, glass, metals, multi-material.
- Weight supplied into the state each year.
- Packaging format (primary, secondary, shipping, food serviceware).
- Recyclability and recycled content where required.
- Units sold into each state, to convert per-unit weights to totals.
Oregon, Colorado and California have annual supply reports. Maryland, Minnesota and Washington have had simplified reports in early cycles.
Enforcement teeth
EPR isn't optional. Oregon, for example, can seek a court-ordered sales ban against non-compliant producers. A federal court upheld Oregon's EPR law in August 2026 after an earlier, limited injunction for some distributors.
How to build one data set for every state
1. Build a packaging bill of materials per SKU
List every component: box, bag, insert, tissue, labels, tape, hangtag, mailer, void fill.
2. Get specs from suppliers
For each component: material, resin type, weight, recycled content. Ask about PFAS at the same time.
3. Get units sold by state
From e-commerce, wholesale and marketplace reports.
4. Calculate
Weight × units, summed by material and state.
5. Keep it current
New SKU, new packaging, new supplier: update the data.
PFAS and packaging overlap
Packaging can carry PFAS through grease-resistant coatings and some inks. Several states ban PFAS in food packaging, and the EU's PPWR limits PFAS in food-contact packaging since August 12, 2026. One supplier request can cover both EPR specs and PFAS status. See PPWR PFAS limits.
Example: one SKU, five EPR states
A brand sells a boxed water bottle in five EPR states. Per-unit packaging: 95 g corrugated shipper, 40 g printed paperboard box, 6 g LDPE bag.
| State | Units sold | Corrugated (kg) | Paperboard (kg) | LDPE (kg) |
|---|---|---|---|---|
| California | 12,000 | 1,140 | 480 | 72 |
| Oregon | 2,500 | 237.5 | 100 | 15 |
| Colorado | 3,000 | 285 | 120 | 18 |
| Washington | 2,800 | 266 | 112 | 16.8 |
| Maryland | 1,500 | 142.5 | 60 | 9 |
Same per-unit data, different unit counts. Build it once at SKU level and every state report becomes arithmetic.
Common mistakes
- Estimating weights. Weigh real samples or get specs; programs may audit.
- Missing small parts. Hangtags, tape, labels and void fill add up.
- Wrong material category. Multi-layer films and coated papers often belong in special categories.
- Ignoring shipping packaging. E-commerce mailers and boxes are often covered.
- No state split. National totals don't help; programs need state-level units.
Questions teams ask
"Do we need to join a PRO in every state?" Generally you join the approved PRO for each state program. CAA covers several states, which simplifies things.
"Are there small-producer exemptions?" Yes, but thresholds differ by state.
"Will more states pass EPR laws?" Many states are considering them. Building a reusable data set now pays off as new states join.
EPR data checklist
- Producer status confirmed per state
- PRO membership in each live program
- Packaging BOM per SKU with weights and materials
- State-level unit sales from every channel
- Recyclability and recycled content recorded
- Reporting calendar for each state
- PFAS status collected for food-contact packaging
What to do this week
- List every state where you sell packaged goods, and mark the seven EPR states.
- Confirm PRO membership in each live program.
- Build packaging data for your top 20 SKUs as a pilot.
- Set reporting dates for Oregon, Colorado and California on the team calendar.
Key terms
- EPR: Extended producer responsibility, shifting packaging end-of-life costs to producers.
- PRO: Producer responsibility organization; producers join it to report and pay.
- CAA: Circular Action Alliance, the approved PRO in several states.
- Eco-modulation: Fees that change based on recyclability and material.
- Supply report: The annual report of packaging supplied into a state.
Mistakes to avoid
- Building separate data sets for each state.
- Leaving out small components and shipping materials.
- Missing state-level unit splits.
Still have questions?
"What if our sales by state aren't tracked?" Ask e-commerce, wholesale and marketplace teams for ship-to data. Estimates may be allowed early on, but build real tracking now.
"How often do EPR reports come due?" Most programs require annual supply reports, often by spring. Keep a shared calendar of each state's dates.
The bottom line
Seven states, one data set. Build packaging data at SKU level once, split units by state, and every EPR report becomes arithmetic. Collect PFAS status on food-contact packaging at the same time to cover chemical rules too.
How Secuabase helps
We send one request to each packaging supplier, collect material, weight, recycled content and PFAS status, check the answers, and give you a clean packaging data set by SKU, ready for every EPR state.
For our first partners we run it free on one product line. Book a quick chat.
FAQ
Which states have packaging EPR laws?
Maine, Oregon, Colorado, California, Minnesota, Maryland and Washington.
Which are charging fees?
Oregon and Colorado have invoiced; California is moving forward under final rules.
What data do I need?
Packaging weight by material, by state, by year.
General information, not legal advice. Facts checked October 2026.
Sources