What You’ll Learn in This Blog:
- 2026 EPR implementation status across active states
- Key reporting and fee deadlines
- Recent regulatory and legal developments
- Emerging timelines in additional EPR states
- What producers should prioritize now
When we last covered Extended Producer Responsibility in 2025, we focused on building a clear foundation for understanding how EPR laws are reshaping packaging compliance in the US. One of the most important themes in our previous blog was the definition of a “producer,” because that single definition determines who is legally responsible for registration, reporting, and fee payments under each state program.
As discussed previously, the term “producer” doesn’t have a universal meaning. Depending on the state, the obligated producer may be the brand owner, the distributor, or the packaging manufacturer. Because definitions and thresholds vary by state, businesses cannot assume uniform rules nationwide. Confirming your producer status remains the first and most critical step in any EPR compliance strategy.
Since our last update, implementation has moved beyond policy discussions and into active enforcement, reporting deadlines, and fee collection. 2026 is the year when EPR becomes operational reality across the first wave of states.
Below is where things currently stand.
California: Regulatory Reset, Reporting Continues
Implementation under SB 54 has experienced a regulatory pause, but not a delay in core obligations. On January 9, 2026, CalRecycle withdrew its proposed regulations to revise language, particularly around food and agricultural packaging. A new 15-day public comment period opened January 29 and runs through February 13, 2026.
Despite this rulemaking reset:
- The statutory launch date remains January 1, 2027
- Producers must submit 2025 supply data by May 31, 2026, and pay the pre-program early fee in August
- The Circular Action Alliance is expected to submit its Program Plan by June 15, 2026
Oregon: Legal Challenge, Program Active
EPR implementation in Oregon is progressing alongside court challenges. On February 6, 2026, court issued a narrow preliminary injunction preventing the Oregon Department of Environmental Quality from enforcing the law against members of the National Association of Wholesaler-Distributors. A five-day trial on the law’s constitutionality is scheduled for July 13, 2026.
Important clarification:
- The injunction applies only to NAW members
- All other producers must continue complying
- The Circular Action Alliance issued the first 2026 fee installment invoice in January
- 2025 supply data reporting is due May 31, 2026
Colorado: Full Program Activation
Colorado has fully transitioned into active program operation. The program officially went live January 1, 2026, and producers are now required to submit annual fees to the Circular Action Alliance.
Key deadlines:
- The Circular Action Alliance issued the first 2026 fee installment invoice in January
- 2025 supply data reporting is due May 31, 2026
The Other Four EPR States to Watch
As of today, seven states have passed packaging EPR legislation. While California, Oregon, and Colorado are in active or near-active phases, four additional states require attention in 2026. They are Maine, Maryland, Minnesota, and Washington.
Maine has the most defined timeline, while the others are building structural foundations that will shape future compliance requirements. Below is a simple snapshot of what is happening this year.
Maine
- Early 2026: RFP issued to select Stewardship Organization
- Spring 2026: State contracts with Stewardship Organization
- May 2026: Producers register and report estimated 2025 packaging tons
- July 2026: Start-up registration fee invoiced
- September 2026: Producers pay start-up fee
Maryland
- Register before July 1, 2026
- Reporting begins in 2029
Minnesota
- Producers currently registering
- December 31, 2026: Initial needs assessment due
- October 1, 2028: Program plan due
Washington
- January 2026: Rulemaking begins
- March 2026: PRO applicants register with the Washington State Department of Ecology
- December 2026: First statewide needs assessment published
EPR implementation is no longer theoretical. Across multiple states, registration, reporting, invoicing, and legal developments are actively unfolding.
Even in states where fees are not yet active, 2026 is a preparation year. Producers should be confirming their producer status, strengthening data collection systems, and closely monitoring regulatory updates. The states may be moving at different speeds, but the direction is clear: compliance planning today reduces risk tomorrow.
Disclaimer: This blog is provided for informational purposes only and does not constitute legal advice. Businesses should consult with qualified legal counsel to understand how EPR regulations may apply to their specific circumstances.