The brand owner is often the starting point when products are sold under its name.
Packaging law field guide
Packaging EPR laws and brand readiness
Understand the packaging records, producer questions, state programs, and internal ownership a growing brand should organize before reporting deadlines arrive.
The working answer
EPR starts with who places the packaged product into a state.
Extended producer responsibility shifts part of the cost and responsibility for managing packaging after use to companies that place packaged products into a state. The responsible producer may be the brand owner, manufacturer, trademark licensee, importer, distributor, or another party defined by the state.
A co-manufacturer or packaging supplier is not automatically the responsible producer. Recyclable or compostable packaging is not automatically exempt.
01 / Determine responsibility
Identify the producer before assigning the work.
Producer hierarchies vary by state. Paying for the package or arranging production does not, by itself, identify the legal producer.
The retailer or private-label brand owner may be responsible, depending on the state hierarchy and agreements.
Responsibility may move to the importer or first distributor when no qualifying brand or manufacturer is located in the United States.
The product package and the shipping package can have different responsible parties.
02 / State landscape
Seven states have enacted packaging EPR laws.
These programs are not at the same stage. Requirements, schedules, definitions, exemptions, material categories, and fees can change. This page is not monitored in real time. Open the official state source before making a filing decision.
| State and program | Current status | Immediate brand action |
|---|---|---|
| CaliforniaSB 54 ↗ | Permanent regulations became effective May 1, 2026. Circular Action Alliance submitted its producer responsibility organization plan on June 15, 2026. | Review producer status, current participation guidance, PEPRS registration, and the covered material categories list. |
| ColoradoHB 22-1355 ↗ | Producer participation has been required since July 1, 2025. Annual producer responsibility dues are active in 2026. | Confirm enrollment, reporting, package data, current dues, and any producer or material exemption. |
| Maine38 M.R.S. § 2146 ↗ | Rules are adopted, but the state was still contracting with a stewardship organization as of August 20, 2026. Maine said the implementation schedule will be revised after an organization is selected. | Monitor the revised state timeline and prepare producer, SKU, component, and sales records before registration begins. |
| MarylandSB 901, Chapter 431 ↗ | The law was enacted in 2025 and implementing regulations became effective May 25, 2026. Producer responsibility plans are due July 1, 2028. | Confirm current registration and reporting guidance, responsible-producer status, and the data needed for the producer plan. |
| MinnesotaPackaging Waste and Cost Reduction Act ↗ | The law was enacted in 2024. Circular Action Alliance has been accepted as the initial producer responsibility organization while assessments and program details continue to develop. | Confirm producer participation and monitor the state and PRO for reporting, plan, and material guidance. |
| OregonRecycling Modernization Act ↗ | The program launched in July 2025. Producer registration, reporting, and fees are active, with additional rulemaking continuing through early 2027. | Verify registration, supply reporting, fees, exemptions, and package-category treatment with current Oregon and PRO guidance. |
| WashingtonRecycling Reform Act ↗ | Program development is underway. The PRO and recycling service providers register annually beginning in 2026. After March 2029, covered producers that are not members of the PRO may not sell covered products in Washington. | Determine whether the company is a covered producer, monitor Ecology and the selected PRO for membership and data requirements, and prepare package-component and sales records. |
03 / Build the data record
An invoice is not a packaging inventory.
Reporting can require information from packaging specifications, bills of material, component weights, supplier documents, SKU records, and state sales data. Keep one controlled source record, then map it to each program’s current categories.
Product
SKU, brand, package revision, effective dates, producer, and reporting owner
Package
Primary, secondary, tertiary, and ecommerce components with material and weight
Attributes
PCR content, recovery designation, certifications, and supporting calculations
Distribution
Units by state, reporting period, sales channel, source, and any applicable exemption
A stand-up pouch record may include the printed film, zipper, valve, label, carton, and shipping materials. Packaging HQ can provide the package structure, specifications, component information, and supporting supplier documents. The brand owns its sales, ownership, exemption, registration, and filing information.
04 / Understand fees
EPR fees are not one uniform packaging tax.
Program fees can support collection, transportation, sorting, processing, education, administration, and infrastructure. The calculation may consider the quantity, material, weight, program cost, recyclability or compostability, recycled content, reuse, contamination, or other adjustments.
Two pouches with the same finished size and weight may receive different treatment when their materials, components, recovery designations, or state programs differ. Do not promise fee savings until the responsible producer, current category, data, fee schedule, and effective date have been confirmed.
05 / Confirm exemptions
Do not carry one state’s exemption into another.
Possible exemptions may involve small producers, certain regulated medical products, some agricultural products, containers covered by a separate deposit program, packaging used only between businesses during production, or material managed through a qualifying private recovery program.
An exemption may apply to a producer, a product, a package, or one component. An exemption for a primary container may not extend to its secondary or tertiary packaging. Some programs also require registration, notice, an application, or supporting evidence before the exemption is recognized.
06 / Manage package changes
A design change can affect reporting without removing the obligation.
Changing material, weight, components, recycled content, or recovery classification may affect how a package is reported and how fees are calculated. The result depends on the state, current fee schedule, material category, and complete package.
Moving from a mixed-material pouch to a BOPE and PE structure may improve compatibility with polyethylene recycling. The brand may still have to report the package, and its zipper, valve, label, coatings, and other components may affect the final classification.
- Compare the existing and proposed package specifications.
- Record the weight of every reportable component.
- Confirm the current material categories and recovery guidance.
- Evaluate filling, sealing, barrier, distribution, and product protection.
- Update the controlled packaging record when the new version enters production.
Brand readiness checklist
Build the record before the deadline.
Use this checklist to organize the people, package data, and documents needed for an EPR review. Checking an item does not confirm legal compliance.
0of 37 reviewed
Common questions
Questions to resolve before reporting.
Is a co-manufacturer automatically responsible for packaging EPR?+
No. The responsible producer depends on the hierarchy and definitions in each state law. Brand ownership, private-label arrangements, licensing, imports, distribution, ecommerce, and written agreements may affect the analysis.
Is recyclable or compostable packaging exempt from EPR?+
Not automatically. Some programs state this directly. A package or producer must meet a specific state exemption, exclusion, or approved pathway before it should be treated as exempt.
Can a package change reduce EPR fees?+
Possibly, but it should not be promised in advance. Fee treatment depends on the state, material category, package weight, current fee schedule, recyclability or compostability designation, recycled content, and other program rules.
What packaging data should a brand collect?+
At minimum, keep the SKU, package revision, primary, secondary, tertiary, and ecommerce components, material descriptions, component weights, PCR details, supporting documents, units by state, reporting period, and the source of each value.
Update protocol
Use current official sources.
This page shows the date of its most recent review and links directly to state agencies. Confirm the current law, regulations, producer responsibility organization guidance, fee schedule, and filing instructions before acting.
Let’s solve it together
Build the packaging record before the deadline.
Packaging HQ can help identify package components, document structures and weights, organize supplier records, and evaluate packaging changes with the actual application in view.