Which States Have EPR Packaging Laws? The 2026 Rollout Map

Seven US states have passed Extended Producer Responsibility (EPR) packaging laws. Three are already collecting fees. Four more are coming online in the next two years. By 2028, the list could grow to a dozen. If you sell packaged products anywhere in the US, here's the full state-by-state breakdown — where each law stands, when fees kick in, and what you need to do.

The 2026 EPR state status at a glance

Not all EPR laws are at the same stage. Some states are already invoicing producers; others are still setting up their programs. Here's the quick view:

Even states that aren't collecting fees yet may still require registration. Don't wait for the fee schedule to start getting your packaging data organized.

State-by-state breakdown

Oregon (SB 582)

Oregon was the first US state to pass EPR packaging legislation. Signed into law in 2021, the program is now fully operational. Producers must register with the state's Producer Responsibility Organization and submit annual packaging weight reports.

• Exemption: Under $5M global revenue
• Fee rates: Published by PRO, tiered by material recyclability
• Eco-modulation: Credits for recyclable materials, PCR content, mono-material packaging
• Penalty: Up to $25,000/day

Colorado (HB 22-1355)

Colorado's program is also active with published fee rates. The law covers all producers of packaged products sold in the state. Fees are calculated per kilogram based on material type, with lower rates for recyclable materials.

• Exemption: Under $5.5M global revenue
• Fee rates: Published by Circular Action Alliance
• Eco-modulation: Fee differentials between recyclable and non-recyclable materials
• Penalty: $20,000 + $6,000/day (escalating)

California (SB 54)

California's SB 54 is the most consequential EPR law in the US — it covers the country's largest consumer market. Estimated fee rates have been published, and early fee invoices begin in August 2026. Full program fees start January 2028. The May 31, 2026 reporting deadline is the first major milestone.

• Exemption: Under $1M in California sales
• Fee rates: Estimated rates published; final rates pending
• Eco-modulation: Source reduction credits, PCR content bonuses, recyclability tiers
• Penalty: Up to $50,000/day

Minnesota (HF 3911)

Minnesota signed its EPR law in 2024. Registration is open but fees don't begin until January 2029. Producers with over $1M global revenue who introduce more than 1 ton of packaging into the state must register now and prepare for reporting.

• Exemption: Under $1M global revenue or less than 1 ton of packaging
• Fee rates: Not yet published
• Eco-modulation: Expected to include recyclability credits and PCR bonuses
• Penalty: Up to $100,000/day for repeat violations

Maryland (SB 901)

Maryland's EPR law is in the early implementation phase. Producers meeting the threshold must register with the PRO and prepare for initial reporting obligations. Fees are expected to begin in 2028-2029.

• Exemption: Threshold TBD (likely $1M-$5M)
• Fee rates: Not yet published
• Eco-modulation: Framework under development
• Penalty: $5,000-$20,000 for PRO violations

Washington (SB 5284)

Washington's EPR packaging law requires registration now, with full fee reporting beginning in 2027. The state is in the process of designating its PRO and finalizing fee schedules.

• Exemption: Revenue and volume thresholds TBD
• Fee rates: Under development
• Eco-modulation: Expected to include recyclability differentials
• Penalty: Up to $10,000/day (2nd+ violations)

Maine (LD 1541)

Maine's EPR packaging law is the earliest of the group in development. Fee schedules and PRO designation are still being determined. Registration is not yet required, but producers should begin tracking packaging data.

• Exemption: Threshold TBD
• Fee rates: Not yet published
• Eco-modulation: Framework under development
• Penalty: TBD

States to watch next

EPR packaging legislation is advancing in several more states. The most likely to pass in the next legislative cycle include:

• Illinois — Bill introduced; large consumer market would make this a major expansion
• New York — Packaging reduction and EPR bills under consideration
• New Jersey — EPR packaging bill in committee
• Connecticut, Massachusetts, Vermont — Part of a northeastern states group exploring regional EPR alignment

If you sell into these states, start tracking packaging data now. Retroactive data collection is far harder than building the habit early.

What you should do right now

Regardless of which state you're in, the playbook is the same:

1. Check your obligations — Use our free Am I Covered? tool to see which states require you to register.
2. Register with PROs in active states— Oregon, Colorado, and California require registration now. Don't wait for fee invoices.
3. Inventory your packaging— Build a SKU-level database of packaging weight and material type. You'll need this for every EPR state.
4. Estimate your fees — Use the EPR fee calculator to see what you'll owe across all active states.
5. Optimize for eco-modulation — 7 strategies to reduce your fees by 15-30%. The earlier you optimize, the more you save across every state.

Why this matters for your business

EPR packaging is not a temporary regulation. It's a permanent cost structure that will continue to expand. Every new state that passes a law adds another reporting obligation, another fee schedule, and another set of material categories to track.

Brands that treat EPR as a one-time compliance checkbox will pay more every year. Brands that treat it as an ongoing packaging optimization problem can turn compliance into a competitive advantage — lower fees, better packaging, and a data moat that compounds over time.

EPR Fee Check is the free first step. PackAlign is the long-term solution.