As of early 2026, seven U.S. states have active EPR laws for packaging: California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington. This EPR packaging compliance checklist is written by Asymmetric Applications for Paper Tube for North American brands using paper, cardboard, tubes, plastic packaging, and more than food packaging. Businesses need to identify their producer status by determining if they brand, import, or sell packaged goods. Producers must register with a state-approved producer responsibility organization (PRO), report data on all packaging placed into commerce, and pay fees proportional to the weight and type of materials used. Non-compliance can trigger fines, back fees, and sales restrictions; penalty structures can reach up to $50,000 per day, depending on jurisdiction and violation type.
Extended producer responsibility is no longer a future sustainability idea. Extended producer responsibility (EPR) is active in multiple states and already well established in the European Union, the UK, and Canada.
EPR packaging laws shift the financial and operational responsibility for end-of-life packaging management from municipalities and taxpayers to the brands that create and sell packaged products. That means packaging producers, importers, and online sellers must help fund waste management, recycling, and end-of-life management.
Current active or near-active states include:
California
Colorado
Maine
Maryland
Minnesota
Oregon
Washington
EPR laws in the U.S. are currently a patchwork of state programs, with no federal EPR law in effect, leading to varying requirements and compliance obligations across states. Local jurisdictions have unique packaging laws that businesses must adhere to when selling packaged goods.
Covered packaging can include paper products, packaging and paper products, plastic packaging, glass, metal, composites, ecommerce mailers, shipping cartons, pallet wrap, and product packaging. Non-compliance can also create retroactive fee liability for historic volumes, producing multi-year fee obligations due all at once.
Start by asking whether your company places packaging into a regulated market. Common producers include:
manufacturers selling goods under their own brand
private-label brand owners
importers bringing packaged goods into a state
online retailers shipping directly to consumers
Thresholds vary. Some EPR regulations use revenue limits, such as $1–2 million, while others use volume limits, such as one ton of packaging placed on the market annually. Marketplaces, contract manufacturers, and white-label brands require extra review because responsibility may depend on who owns the brand and controls packaging decisions.
Assume you are a producer if you answer yes to any of these:
Do you brand packaged goods?
Do you import packaged goods?
Do you sell packaged goods into multiple states?
Compliance follows where the packaging ends up, not just where your office is located. Create a list of every state and country where customers receive your products through ecommerce, wholesale, retail, or distributors.
Map 2024 and 2025 shipments by state because many reporting requirements and fees use prior-year data. Producers must submit supply data to the PRO by specific deadlines, such as May 31, 2026, for states like Oregon, Colorado, Maryland, Minnesota, and Washington.
Also monitor EPR legislation introduced in other states, including Rhode Island, New Hampshire, New York, and Illinois. Exporters should check EU, UK, and Canadian regulations too, but North America should be the immediate plan for most U.S. brands.
Accurate packaging data is the backbone of EPR compliance. EPR compliance requires producers to conduct a complete packaging material audit, documenting all materials by type, weight, and product SKU.
Work backward from each SKU and capture:
material type: paper, cardboard, plastic, glass, metal, composites
packaging weights in grams or pounds
recycled content, including post-consumer recycled PCR content
intended end of life: recyclable, compostable, reusable, or disposal
Packaging should be classified into primary (sales), secondary (grouping), and tertiary (transport) categories. Examples include paper tubes, cartons, labels, fillers, corrugated boxes, and pallet wrap.
Use a centralized spreadsheet or platform with version control, such as "spec active January 1, 2026." Involve suppliers to verify data collection and material claims.
Raw data must be translated into EPR-ready packaging types. Common categories include paper and cardboard, rigid plastics, flexible plastics, glass, metals, and multi-layer composites.
It is essential to document the exact material compositions of packaging, including specific resin identification codes for plastics. This matters because environmental fees are calculated based on the total material weight and local eco-modulation rates of packaging.
Food packaging may need separate handling where food contact, contamination, or food-soiled materials affect recyclability. For border cases, such as laminated cartons, plastic windows, caps, closures, or composite tubes, break components apart where possible if a program uses the main material by weight, and document that method.
Keep an internal methodology note so your reporting is consistent during audits.
A producer responsibility organization manages EPR programs, collects packaging data, calculates fees, and funds recycling systems. Producer Responsibility Organizations (PROs) are typically required to be nonprofit entities that manage the producer responsibility programs under EPR laws.
Circular Action Alliance is the main PRO in several states, including CA, CO, MD, MN, and OR. Maine and Washington have or are appointing a stewardship organization with similar duties.
Typical registration steps include:
Create an online account
Confirm producer identity
Upload basic data
Name a compliance contact
Smaller companies should still document exemption status instead of assuming they are out.
Fees are usually eco-modulated. In plain English, the more sustainable and recyclable the packaging, the lower the fees producers must pay, creating a direct financial incentive for sustainable packaging design.
Cardboard and plain paperboard often sit in lower fee bands, while flexible plastics, multi-layer packs, and difficult materials can carry higher fees. To put the gap in perspective: multilayer flexible packaging runs $0.74–$1.02 per pound under published 2026 state fee schedules, while paper tube formats sit at $0.08 per pound — the lowest tier in every published schedule, the same line item as consumer corrugated.
Recyclability, recycled content, hazardous additives, resin codes, and certified compostability can all change fee bands. Packaging that is certified compostable can also receive favorable treatment under eco-modulation fee structures.
Want to see what your current packaging is costing you in EPR fees? Paper Tube's free EPR Fee Calculator lets you compare your current rigid plastic, multilayer flexible, or polycoated packaging against a paper tube alternative in about 90 seconds, using Oregon and Colorado's published 2026 fee schedules. You can also download a full PDF report to share with your procurement or sustainability team.
Packaging design has a direct impact on both costs and sustainability. Under many EPR laws, widely recyclable mono-material formats cost less than hard-to-sort mixed-material packaging.
Consider replacing non-recyclable rigid plastic containers, composite canisters, or multi-layer sachets with paper, cardboard, or paper tube formats where protection allows.
Focus on:
Lightweighting without product damage
Mono-material construction
Clear recycling labels
Local anti-greenwashing laws
Compatibility with municipal recycling
Record exact rollout dates in 2025–2026 so future report data can support lower fees.
Switching to more sustainable packaging can lead to substantial cost savings. A brand shipping 10 million pounds of packaging annually could save significantly in EPR fees by moving from plastic to paper or certified compostable materials. The Paper Tube EPR Fee Calculator can model this exact scenario for your packaging volume and state exposure. Across a five-year window with more states coming online, that savings gap compounds year over year.
EPR is not one and done. Assign a compliance owner, packaging data steward, finance lead, and legal or regulatory advisor.
Build an annual calendar for reporting, fee payments, source-reduction reports, and state updates. Maintaining comprehensive records of all packaging audits, contracts, fee calculations, and submission receipts is crucial for compliance. Store specs, invoices, assumptions, and PRO receipts for several years. SOPs should cover new SKUs, new packaging choices, and expansion into new markets.
The main risks are fines, late fees, audits, sales bans, and reputational damage with consumers, customers, investors, and trade associations.
Penalties for non-compliance can range from $1,000 per violation to $100,000 per day for repeat offenses, depending on the jurisdiction and type of violation. Regulators may also require retroactive reporting and payment for past covered packaging.
Mitigate risk by:
Documenting good-faith efforts
Joining the correct PRO early
Correcting errors quickly
Keeping audit-ready records
Paper Tube helps companies improve their packaging strategy with fiber-based cylindrical packaging that fits into a circular economy.
Paper and cardboard tubes often fall into favorable fee categories compared with many forms of plastic packaging, especially when they are mono-material and widely recyclable. In the published 2026 state schedules, paper tubes sit at the bottom of every fee tier — the same rate as consumer corrugated — while multilayer flexible packaging sits at the top.
Paper Tube can help brands quantify tube material composition, weights, and SKU-level data to simplify EPR reports. It can also support packaging audits, design iterations, and documentation for end-of-life claims. Use cases include replacing plastic composite canisters, non-recyclable rigid containers, and some multi-layer formats while maintaining shelf appeal and product protection.
To get a fast, cited estimate of your potential fee reduction, use the Paper Tube EPR Fee Calculator. Enter your current material type, annual unit volume, unit weight, and the percentage of sales going into EPR-active states. The calculator runs the comparison in 90 seconds using Oregon and Colorado's published 2026 producer-fee schedules and generates a downloadable PDF report built to survive a procurement-team review.
Use this checklist as your internal project plan:
Confirm your producer status by brand, import, and sales activity
Map selling markets for CA, CO, ME, MD, MN, OR, and WA
Review 2024 and 2025 shipment data by state
Audit every SKU and record materials, packaging weights, and components
Classify primary, secondary, and tertiary packaging
Register with state-approved PROs or document exemptions
Report packaging data by the required deadlines
Model fees using weight, material type, and eco-modulation factors — use the Paper Tube EPR Fee Calculator to compare your current packaging against a paper tube alternative
Redesign packaging to reduce waste, improve recycling rates, and lower fees.
Set 30-, 60-, and 90-day milestones for ensuring compliance
Do EPR laws apply if I only sell online and don't have a physical store in an EPR state?
Yes. Online sales shipped into a state with packaging regulations typically count as placing packaging on the market in that state. Brand owners and importers shipping directly to consumers are usually treated as producers if they exceed thresholds. Review your e-commerce destination data for 2024–2025 to estimate exposure.
How should I handle complex or multi-material packaging in my data and reporting?
Break complex packs into components where possible: paper tube body, plastic cap, foil seal, label, or closure. Some EPR programs allow classification by predominant material by weight, but component-level reporting is often more accurate. Keep your method consistent and check PRO guidance.
What if my company doesn't have historical packaging data for earlier years?
Reconstruct it using bills of materials, supplier specs, purchase orders, photos, and sample weighing's. Regulators often accept reasonable, documented estimates when precise historical data is unavailable. Improve data quality from 2026 forward with routine measurements and centralized storage.
Are there exemptions for small businesses under EPR packaging regulations?
Many programs exempt very small companies below revenue or tonnage thresholds, such as under $2 million in state revenue or under one ton of packaging placed on the market per year. Each state defines exemptions differently. Do not self-exclude without checking official guidance, and plan ahead if growth may push you over the threshold.
How quickly can design changes to my packaging reduce my EPR fees?
Most fee calculations use a prior reference year, so 2026 packaging changes may affect the next reporting cycle rather than today's invoice. Even so, better materials improve sustainability performance immediately and position companies for future EPR regulations. To model the long-term fee impact of switching to paper tubes, use the Paper Tube EPR Fee Calculator — it projects savings across a five-year window as more states bring their schedules online.
What is a "global PRO," and why are brands so cautious? Explore how organizations like the Circular Action Alliance are shaping cross-border EPR laws and how to adapt your packaging.
Which States Are Next for EPR Packaging Laws? (New York, New Jersey & More) breaks down active legislative momentum, state needs assessments, key timelines, and compliance steps.
