Extended Producer Responsibility (EPR) has gained momentum in recent years due to growing concerns around waste management, pollution caused by excessive packaging, rising consumer demand for sustainability, and the lack of effective recycling infrastructure. EPR legislation has also been driven by the push toward a circular economy that considers the end-of-life of single-use packaging and promotes recyclability, reusability, and reduced environmental impact.
In the U.S., EPR laws have become a major topic of discussion, especially in relation to consumer-facing industries. These laws bring brands, packaging producers, and producer responsibility organizations (PROs) together at the same table. While this can create challenges, it also opens up new opportunities for all three parties. If your business uses packaging, it is important to check whether you are considered an ‘obligated producer’ under these laws. Depending on the state, this responsibility may apply to brands, manufacturers, or even retailers.
In this article, we’ll provide an overview of EPR legislation in the U.S. and explore how you can navigate these changes while acting quickly and strategically.
What is Extended Producer Responsibility (EPR):
Extended Producer Responsibility (EPR) legislation is a regulatory approach to shifting the responsibility for a product’s full life cycle to the brands and manufacturers, presenting both challenges in implementation and opportunities for innovation and collaboration. The scope of materials covered under EPR laws is broad and can include anything from electronics to carpets, mattresses, and packaging. By doing so, EPR aims to prevent products from becoming waste and ensures that producers take part in how discarded materials are collected, sorted, and processed. Under these programs, companies contribute to building a more efficient and sustainable recycling system.
EPR laws typically involve the state designating a Producer Responsibility Organization (PRO), which is responsible for developing and managing the EPR program plan. Producers must register with the PRO and, to remain compliant, pay fees based on the amount of packaging or other covered materials they distribute, use, or sell in the state. The PRO then uses these funds to improve waste management systems, such as funding recycling services, expanding access and infrastructure, supporting composting programs, investing in education and outreach, and ensuring materials are directed to responsible end markets.
Overview of the EPR packaging legislations in the US:
Currently, twelve states in the US have introduced EPR legislation for packaging in 2025, and seven of them have passed an EPR packaging legislation: California, Colorado, Maine, Maryland, Oregon, Minnesota, and Washington.
Although the initiative of launching EPR bills aligns across different legislations, but the details of the different state EPR law can also be vary in terms of the overall objectives, covered materials type, producer definition, and fee structure etc.
Among the seven states that have passed the laws, five of them (California, Colorado, Maryland, Minnesota, and Oregon) elected Circular Action Alliance (CAA) to be the state PRO. Therefore, CAA is responsible for developing and managing the EPR program plan, and overseeing producer participation. They are also being held accountable for the meeting the target set up by the legislation or in some states by the PRO itself.
How to Stay Informed and Prepare for Compliance
With the continued rollout of Extended Producer Responsibility (EPR) legislation and the introduction of the Circular Action Alliance (CAA)’s program plans in the U.S., Direct Pack has closely followed the regulatory process. We’ve been in active communication with CAA to ensure we are prepared to stay compliant and fulfill our responsibilities as a producer.
In early 2025, Oregon became the first state to launch its EPR program, followed by Colorado. Direct Pack has registered and submitted packaging data to both states, reporting the amount of packaging we sold. As the packaging manufacturer, we are considered the producer by definition in some cases. However, the definition of “producer” can vary by state — sometimes the brand owner, the manufacturer, or the retailer may be considered the obligated party. Because of these variations, it’s important to confirm whether your business is considered an obligated producer before reporting.
Here are links to the EPR legislation in several states to help you determine your obligations:
California being the home state of Direct Pack and where most of our customer partners reside. We’ve been following the development of EPR legislation here as well. On March 7, 2025, Governor Gavin Newsom directed CalRecycle to restart regulations for SB 54, and while the rulemaking is going on, CAA, the elected PRO in California has set up a preliminary data reporting deadline in November 2025, so now is a good time to review whether you qualify as an obligated producer and how much to report.
Important Timeline Update:
- Colorado:
- 07/31/2025: Data reporting deadline
- 01/02/2025: Start paying fee on or before this date
- CAA will resubmit draft plan by 06/30/2025
- 01/26/2026: Invoicing around this date
- California:
- 11/05/2025: Preliminary reporting deadline
- Minnesota:
- 07/01/2025: Registration deadline
- 2027: CAA EPR plan draft due
- Maine:
- Early 2026: Select a Stewardship Organization (SO, similar to PRO)
- Washington:
- 01/01/2026: Appoint a PRO and form the EPR Advisory Council
- 07/01/2026: Producer participation mandatory
- Maryland:
- 2025 Fall: Begin the regulatory process