EPR Laws are Here…
Are You Ready?
What is Extended Producer Responsibility (ERP)?
EPR is a policy approach that holds producers, instead of local governments, accountable for the cost of managing paper and packaging waste. The goal is to reduce waste, improve recycling, and encourage more sustainable packaging choices.
Several states in the US have recently passed EPR Laws requiring companies to quantify, report, and pay dues/fees on the paper and packaging waste that they introduce into those states
If you do business in any of these states, you could be in scope and will be required to comply with a range of new regulations.
What is covered?
The scope of EPR is broad and includes -
Product packaging used to contain, protect, or display the product.
Transport packaging, including shipping boxes, materials, and single-use bags
Paper products such as catalogs, brochures
Food service-ware
Together, these are referred to as “covered materials” under EPR. There are currently 60+ material categories with state specific variations.
Who is responsible?
The responsible party (aka – “Producer”) is the business that introduces paper and packaging materials into the waste management systems in those states.
Every state defines producers a little differently and it is important to refer each state’s definitions. Depending on the state, you may be considered a producer if you:
Manufacture and sell products under your own brand
License a brand that appears on the packaging
Import packaged goods into the U.S.
Distribute products with no clear U.S. brand owner
In short, if your company is responsible for how the paper and packaging look or reaches customers, EPR laws may apply to you.
Where is it applicable?
As of mid-2025, 7 states have passed EPR packaging bills - California, Oregon, Colorado, Minnesota, Maine, Maryland and Washington
About 10 other states have EPR packaging bills under review currently.