SHEET 03 OF 07

The current state of EPR regulation in the U.S.

What is Extended Producer Responsibility, and what does it mean for me?

In the simplest terms, Extended Producer Responsibility regulations (“EPR” for short) require the company bringing a product to market be responsible for what happens to that product at the end of its life. That responsibility is typically covered through fees funding state-mandated recycling programs.

Targeted EPR programs for specific products — batteries, consumer electronics, paint — have existed in the U.S. for decades, but largely only applied to very specific items made by companies in these categories. Covered products under these policies were deliberately niche. Consumer electronics might sound like a substantial category, but in practice these limited EPR policies only targeted specific subcategories like “video display devices” (TVs, computer monitors, computers, and printers — aka the “core four”).

However since 2021, a new wave of broader, industry-agnostic EPR policies have taken hold; regulating packaging for any product regardless of category, and featuring blanket expansion across huge industries like textiles.

Maine and Oregon enacted the first broad packaging EPR laws in 2021, followed by Colorado and California in 2022. Minnesota, Maryland, and Washington have since enacted programs of their own, bringing the total to seven state packaging EPR laws - each now at a different stage of implementation. California has also enacted a separate EPR program for apparel and textiles. Similar packaging proposals have been introduced or remain under consideration in New York, New Jersey, Massachusetts, and Tennessee.

The penalty for non-compliance with these policies can be stiff. Depending on where you are obligated, states can fine non-compliant companies up to $100,000 PER DAY, or ban all sales into the state until a company becomes compliant. Enforcement doesn’t stop with regulators either: retailers, distributors, and online marketplaces can be prohibited from carrying non-compliant producer’s products. Meaning your own channel partners can be required to drop you from their shelves, listings, and online marketplaces if you fall behind on these regulations.

The EPR landscape now includes eight enacted programs across seven states, all moving on different timelines. Oregon and Colorado are operating live packaging programs; California has active packaging and textile requirements; and Maine, Minnesota, Maryland, and Washington are advancing through phased implementation. The result is not one national compliance test, but a state-by-state system in which the same company can be filing in one state, preparing in another, and exempt in a third.

The summaries below explain what each law covers, who may qualify as a producer, and where each program stands.

Speaking very honestly, the information below is a mountain of information covering 8 policies across 7 states. These policies are nuanced, complex, and not immediately intuitive. Our goal with this website is to give you as much information as possible to stay compliant on your own. But if you need help, the Fiberside team is here to keep your business compliant while you focus on what you do best.

If you feel confused, overwhelmed, or your eyes just glaze over while reading through the below, please don’t hesitate to get in touch with the Fiberside team directly:

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Producer status is not determined by company size alone. It can depend on product type, brand ownership, licensing, imports, sales channels, revenue and material volume. Fiberside confirms whether an obligation applies and documents the basis.

EIGHT POLICIES · SEVEN STATES

CASB 54
PACKAGING

Plastic Pollution Prevention & Packaging Producer Responsibility Act

WHAT IT COVERS: Single-use packaging of any material and plastic single-use food service ware sold or distributed in California. This includes primary, secondary, e-commerce and shipping packaging; statutory exclusions apply.
WHO IS OBLIGATED: The company that owns or licenses the product brand and sells the packaged product in California is usually the producer. If no qualifying brand-side party exists, responsibility moves to the seller or distributor into California.
WHERE IT STANDS: PRO or independent applications and 2023 data were due June 1, 2026; late producers can file now. The 10% plastic-reduction target starts January 1, 2027; a sales ban applies on plan approval or that date. Penalty: $50,000 per day, per violation.
WHAT IT MEANS: Companies selling packaged products into California must identify the responsible entity, map covered materials, join CAA or qualify for another path, report data and pay fees. Fiberside can manage the analysis and filings.

CASB 707
TEXTILES

Responsible Textile Recovery Act of 2024

WHAT IT COVERS: Apparel, footwear, handbags, backpacks and specified home textiles, including curtains, towels, bedding, table linens and pillows. Carpets and mattresses are currently exempt from the policy.
WHO HAS TO ACT: The brand or trademark owner or exclusive licensee is ordinarily responsible. If no qualifying brand-side party is in California, responsibility moves to the importer, then distributor, retailer or wholesaler. A contract factory is not the lead.
WHERE IT STANDS: The first textile EPR policy in the country. Landbell enrollment was due July 1, 2026; late producers can join now. Producers knowingly violating policy may face penalties up to $50,000 per day
WHAT IT MEANS: Covered brands must join Landbell, identify their brands and products, fund the program and support collection, repair, reuse and recycling. SB 707 is separate from SB 54, so one company may owe under both laws.

COHB22-1355
PACKAGING

Producer Responsibility Program for Statewide Recycling

WHAT IT COVERS: Packaging and paper products sold or distributed in Colorado, including primary, secondary, service, e-commerce and shipping packaging. Examples include boxes, bottles, bags, wrappers, labels and printed paper; exclusions apply.
WHO HAS TO ACT: The company whose brand is on the packaged product is usually responsible. The hierarchy can move to a brand licensee, importer or first distributor when no qualifying U.S. brand-side party exists. Contract factories are not the default.
WHERE IT STANDS: Registration was due October 1, 2024; late producers can join CAA, report and pay now. Violators may be banned from sales in Colorado. Program rollout began June 9, 2026. Repeat violators may be fined up to $20,000 plus $6,000 per continuing day.
WHAT IT MEANS: Covered producers (with ~$5.6m global revenue and over 1 ton in packaging) must participate in CAA or an approved individual program, report Colorado material weights, pay annual dues and keep compliance records. Exposure depends on both corporate revenue and the weight shipped into the state.

ORSB 582
PACKAGING

Plastic Pollution & Recycling Modernization Act (RMA)

WHAT IT COVERS: Packaging, printing and writing paper, and food serviceware supplied in or into Oregon. This includes primary, secondary, e-commerce and shipping packaging, plus items such as cups and utensils; statutory exclusions apply.
WHO HAS TO ACT: The brand owner or brand licensee is usually responsible for product packaging; an importer or first distributor can be next in line. For e-commerce shipping materials, the company that packages the order may be the producer.
WHERE IT STANDS: 2024 data were due March 31, 2025; 2025 data by May 31, 2026; fees began July 1, 2025. Late producers can join CAA, report and pay now. Top-25 reports are due December 31, 2026. Penalty: $25,000 per day; Oregon may seek a court-ordered sales ban.
WHAT IT MEANS: Covered producers (with over $5m in global revenue, shipping one ton or more into Oregon) must join CAA, report annual Oregon material supply by category, pay fees and retain support for producer and material determinations.

MELD 1541
PACKAGING

STEWARDSHIP PROGRAM FOR PACKAGING

WHAT IT COVERS: Packaging used to contain, protect, deliver, present or distribute products to Maine consumers, including e-commerce packaging. Beverage and paint containers, certain durable-product packaging and department exclusions are outside the program.
WHO HAS TO ACT: The company whose brand is on the packaged product is usually responsible. If no qualifying U.S. brand-side party exists, responsibility moves to the importer of record, then first distributor. The e-commerce shipper is responsible for its delivery packaging.
WHERE IT STANDS: No producer deadline has passed. Date not announced. Register within 90 days after the portal opens; pay within 180 days of the contract. A sales ban likely follows one year later. Repeat criminal violations: $50,000 per day.
WHAT IT MEANS: Producers must register with Maine’s stewardship organization, report packaging by material type, pay weight- or volume-based fees and maintain support for their calculations. Alternative collection programs may offset qualifying obligations.

MNHF 3911
PACKAGING

Packaging Waste & Cost Reduction Act

WHAT IT COVERS: Packaging, food packaging and paper products sold, distributed or used to ship products into Minnesota. Primary, secondary, e-commerce and shipping packaging can be covered; material and product exclusions apply.
WHO HAS TO ACT: The brand owner or brand licensee is usually responsible for product packaging. If no qualifying U.S. brand-side party exists, responsibility moves to the importer of record, then first distributor. The e-commerce shipper is responsible for its shipping packaging.
WHERE IT STANDS: PRO membership was required on July 1, 2025; late producers can join a registered PRO now. Compliance and a sales ban begin January 1, 2029; material rules tighten in 2032. Fines for repeat violations within five years of plan approval up to $100,000 per day.
WHAT IT MEANS: Covered producers must remain in a registered PRO, execute a written agreement under an approved plan, report material data, pay producer fees and meet plan requirements. Product and packaging design rules tighten in 2032.

MDSB 901
PACKAGING

Packaging and Paper Products — Producer Responsibility Plans

WHAT IT COVERS: Packaging and paper products sold, offered for sale, imported or distributed in Maryland. It includes primary, secondary and tertiary consumer packaging, service packaging, takeout and delivery packaging, and beverage containers; exclusions apply.
WHO HAS TO ACT: The brand owner or brand licensee is usually responsible for product packaging. If no qualifying U.S. brand-side party exists, responsibility moves to the importer, then first distributor. E-commerce shippers own their delivery packaging.
WHERE IT STANDS: PRO and individual registrations were due July 1, 2026; late parties can register now. Plans are due July 1, 2028; a sales ban is set for October 29, 2028. After notice and a 60-day cure, third or later violations: $20,000 per day.
WHAT IT MEANS: Producers must join a PRO or register an individual path, identify every brand and covered material, retain records, report supply data, pay fees and operate under an approved plan. The first full plans are due in 2028.

WASB 5284
PACKAGING

Recycling Reform Act

WHAT IT COVERS: Consumer packaging and paper products sold, offered, distributed or shipped in or into Washington for personal, noncommercial use. Packaging includes materials used to protect, contain, transport, serve or deliver products; exclusions apply.
WHO HAS TO ACT: The brand owner or brand licensee is usually responsible for product packaging. If no qualifying U.S. brand-side party exists, responsibility moves to the importer of record, then first distributor. The e-commerce shipper owns its shipping packaging.
WHERE IT STANDS: PRO membership was due July 1, 2026; late producers can join CAA now. Plans: October 1, 2028; sales ban: March 1, 2029; operations: January 1, 2030. After notice and a 60-day cure, second or later violations: $10,000 per violation per day.
WHAT IT MEANS: Covered producers must maintain CAA membership, report material supply, pay annual fees and finance the statewide program. They must meet approved-plan duties and future waste-reduction, reuse, recycling and composting targets.

After years of hypothetical policy discussions, these eight programs are now things businesses must actively consider. Registration, reporting, fees, and sales restrictions are already phasing in across the seven states shown above. Your obligations can differ from one policy to the next based on your products, revenue, material volume, brand ownership, and sales channels.

Use Fiberside’s EPR Exposure Check below for a preliminary assessment, or contact Fiberside for a state-by-state determination and compliance plan.

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