If you manufacture, distribute, or sell products with packaging in North America - and particularly if that packaging involves plastic or paper - 2026 marks the beginning of active EPR compliance obligations in several North American jurisdictions.
Extended Producer Responsibility, or EPR, is a policy framework that shifts the financial and operational burden of packaging waste management away from municipal governments and taxpayers - and onto the companies that put packaging into the market in the first place. In simple terms: if your product generates packaging waste, you now bear responsibility for what happens to it.
For North America, this is a fundamental shift. Municipal governments have historically managed waste. EPR changes that - making producers pay for and, in some cases, operationally manage the recycling and disposal of their packaging. The framework has existed in Europe for decades and is now arriving in the US and Canada with significant force.
The State-by-State Reality in 2026
As of early 2026, seven US states have enacted packaging EPR laws, each in various stages of implementation. Understanding where your state falls in this landscape is not optional - penalties for non-compliance in Oregon under the statute can reach up to $25,000 per day.
Here is the current state of play (source: Proskauer Rose, Holland & Knight, H2 Compliance - all linked below):
- Oregon: The first state to fully implement packaging EPR. Implementation began July 1, 2025. Producers must have joined the Circular Action Alliance (CAA) PRO and paid fees based on 2024 data. This is LIVE and ENFORCED - though a preliminary injunction was granted in February 2026 pending litigation.
- Colorado: CAA's program plan has been approved and implementation begins in 2026. First fee invoices were issued January 1, 2026. Producers must have registered and reported initial supply data.
- California (SB 54): First data reporting (2023 supply data) was due November 15, 2025. Final regulations expected early 2026. Producer fees begin 2027. By 2032: 100% of packaging must be recyclable/compostable, 65% of single-use plastic recycled, 25% plastic reduction.
- Maine: Registration expected in spring 2026. The Stewardship Organization (SO) selection is underway.
- Minnesota: PRO (CAA) appointed February 2025. Producer registration deadline was July 1, 2025. Stewardship plan not due until 2028.
- Maryland: Enacted packaging EPR legislation in 2025 with implementation beginning later in the decade.
- Washington: Signed May 17, 2025 (Recycling Reform Act). Producers must join a PRO by July 1, 2026.
Beyond these seven, New Hampshire and Wisconsin introduced EPR legislation in early 2026. Massachusetts, New Jersey, New York, Rhode Island, and Virginia have pending or recently introduced proposals. Canada's provinces are in various advanced stages of full EPR transition - Quebec transitioned to full producer responsibility for curb-side recycling. New Brunswick's new regulations took effect January 1, 2026.
What This Means For Your Business - Practically
The core EPR requirement is this: if you are a 'producer' of packaging under your state's law (which typically means you manufacture, import, distribute, or sell packaged products into the state), you must join a Producer Responsibility Organization (PRO) - currently the Circular Action Alliance in most US states - and contribute fees based on your packaging volumes and material types.
Those fees fund the state-wide recycling system - collection, sorting, processing - for the packaging you put into the market. The concept is simple; the compliance mechanics are complex and vary significantly by state.
Beyond fees, EPR laws are creating a new imperative: producers need verified, documented proof that their packaging is actually being recycled - or at minimum, reaching a certified recycler or end market. This is where the compliance requirements and the recyclable materials market intersect. Companies need not just to pay into the system; many will need to demonstrate that the material they generate has a verified recovery pathway.
The Business Opportunity Hidden in the Compliance Requirement
Compliance typically reads as cost. But for companies with recyclable paper and plastic material - generators, converters, MRFs, and distributors - EPR creates something valuable: a demand signal.
Corporate buyers across the supply chain are now under pressure to demonstrate verified recycled content in their products and packaging. California SB 54 requires producers to document plastic recycling rates. Oregon requires verified material recovery. These requirements create structured, growing demand for recycled content with documented provenance - exactly the category of material that responsible generators produce.
For companies that already produce recyclable material in compliant grades - baled plastic, sorted paper, film rolls - EPR is not a threat. It's a commercial opportunity, provided they can efficiently reach buyers who need verifiable recycled content.
What to Do Right Now
If you are a producer of packaged goods:
1. Determine if you meet the definition of 'producer' under each state's law where you sell products. Definitions vary and can include importers and distributors, not just manufacturers.
2. If you operate in Oregon, Colorado, or California: check your registration and reporting status with CAA now. Deadlines have passed and enforcement is active.
3. Inventory your packaging materials by type and volume. This data will be required for reporting in every EPR state.
4. Begin identifying verified end markets for your recovered packaging. Compliance documentation will require knowing where material actually goes.
If you are a generator, recycler, MRF, or converter of recyclable paper or plastic: EPR is creating your best market condition in years. Corporate buyers need recycled content. They need verified provenance. They need reliable supply. Position your operation accordingly.
DATA SOURCES:
? Proskauer Rose — 2025 EPR Guide: https://www.proskauer.com/alert/the-2025-guide-to-epr-packaging-compliance
? H2 Compliance — EPR 2026 Outlook: https://h2compliance.com/extended-producer-responsibility-epr-2025-highlights-and-what-to-expect-in-2026-for-north-america/
? Holland & Knight — State EPR Update: https://www.hklaw.com/en/insights/publications/2026/01/the-latest-pandoras-box-what-you-need-to-know-now-about-state-epr-laws
? Compliance & Risks — EPR 2026 Update: https://www.complianceandrisks.com/blog/extended-producer-responsibility-for-packaging-in-the-united-states-a-2025-update/