USA EPR

Packaging Waste Electrical and Electronic Equipment (WEEE) Batteries

The Ultimate Guide to EPR Guidelines for Packaging in the USA

As sustainability takes center stage globally, Extended Producer Responsibility (EPR) regulations are rapidly transforming the way businesses handle packaging waste. While European markets have long enforced these rules, the United States is now undergoing its own regulatory shift. For brands, manufacturers, and e-commerce sellers, understanding the USA EPR guidelines for packaging is no longer optional—it is a critical requirement for maintaining market access.

Here is a comprehensive breakdown of the EPR landscape in the USA and what your business needs to do to stay compliant.

1. Introduction to EPR in USA

Extended Producer Responsibility (EPR) is an environmental policy approach that shifts the financial and operational burden of end-of-life waste management from municipalities and taxpayers directly to the producers. In the context of packaging, this means that companies placing packaged goods into the US market are responsible for funding the collection, sorting, and recycling of that packaging. The goal is to incentivize sustainable packaging design, reduce single-use plastics, and build a circular economy.

2. Legal Framework and Regulations in USA

Unlike the European Union, which operates under a centralized directive, the USA does not have a single federal EPR law for packaging. Instead, the legal framework is fragmented and operates on a state-by-state basis. As of 2026, seven pioneering states have enacted comprehensive EPR packaging laws:

California (SB 54)

Colorado (HB 22-1355)

Maine (LD 1541)

Maryland (SB 901)

Minnesota (HF 3911)

Oregon (SB 582)

Washington (SB 5284)

Several other states, including New York, New Jersey, and Illinois, are currently reviewing similar legislation. Businesses must monitor state-specific requirements, as each jurisdiction has its own unique timelines, exemptions, and recycling targets.

3. Who Must Register for EPR Packaging in USA?

The definition of a "Producer" generally cascades down a specific hierarchy. You are likely required to register if you fall into one of these categories and meet specific state revenue or tonnage thresholds:

1. Brand Owners: The company whose name or trademark appears on the packaged product.

2. Importers: If the brand owner is outside the US, the first domestic importer of record takes on the EPR liability.

3. E-commerce Retailers & Marketplaces: Sellers operating on platforms like Amazon, Shopify, or Etsy who ship packaged goods directly to consumers in EPR-regulated states.

4. Distributors/Retailers: If no brand owner or importer can be identified, the entity selling the product at the retail level is responsible.

4. EPR Categories Packaging

State laws generally cover materials that enter the residential waste stream. Covered packaging categories typically include:

Primary Packaging: The material directly containing the product (e.g., a glass jar, a plastic shampoo bottle).

Secondary Packaging: Materials used to group products (e.g., cardboard boxes, shrink wrap).

Tertiary/Transit Packaging: Materials used for shipping and transport (e.g., corrugated mailers, poly mailers, bubble wrap).

Food Serviceware: Single-use items like cups, plates, and takeout containers (heavily targeted in states like California and Oregon).

Paper Products: Printed paper, flyers, and magazines are also covered under several state definitions.

5. EPR Registration Process in USA in Packaging

To comply, producers cannot simply pay a tax to the state. They must join a Producer Responsibility Organization (PRO), which manages the recycling infrastructure on behalf of the producers.

Currently, the Circular Action Alliance (CAA) is the designated PRO for several states, including Colorado, California, Oregon, and Maryland. The registration process involves:

1. Assessing your company's footprint to see which states you have nexus in.

2. Registering your business with the approved PRO (e.g., the CAA portal).

3. Submitting baseline packaging data.

4. Signing an agreement to fund the PRO's stewardship plans.

6. Authorized Representative Requirements in Packaging

In the EU, non-resident companies are often required to appoint an Authorized Representative (AR) to handle EPR obligations. The US approach differs slightly.

Because US EPR laws heavily target the "First Importer" or the "Retailer" when the brand owner is overseas, foreign companies selling into the US usually have their domestic distributors or marketplace facilitators (like Amazon) absorb the reporting burden.

However, for direct-to-consumer foreign brands, working with a specialized compliance consultancy acting as a strategic representative is crucial to managing multi-state data submissions and PRO communications accurately.

7. Reporting Obligations and Deadlines in Packaging

Accurate data collection is the backbone of EPR compliance. Producers are required to submit Annual Supply Reports detailing the total weight and material composition (plastic, glass, aluminum, paper, etc.) of the packaging introduced into each regulated state.

While reporting timelines vary, 2025 and 2026 are critical baseline years. For instance, Colorado required 2024 data reporting by mid-2025, and Oregon has already begun actively invoicing producers based on submitted reports. Failing to meet state-mandated reporting deadlines will trigger enforcement actions.

8. EPR Fees and Eco-Contributions in Packaging

Once your data is reported, the PRO calculates your financial obligation. Fees are not flat; they are determined by "eco-modulation". This means the cost is modulated based on the environmental impact of your packaging:

Discounts/Lower Fees: Applied to packaging that is easily recyclable, compostable, or contains high levels of Post-Consumer Recycled (PCR) content.

Penalties/Higher Fees: Levied against hard-to-recycle materials, multi-laminate plastics, or packaging containing hazardous substances (like PFAS).

9. Labeling Requirements and Compliance

While EPR programs govern end-of-life management, they intersect heavily with state labeling laws. The US is cracking down on "greenwashing".

A prime example is California’s "Truth in Labeling" law (SB 343), which strictly limits the use of the chasing arrows recycling symbol. You can only use the symbol if the packaging material is proven to be recycled in the state's local infrastructure. Producers must align their EPR material reporting with compliant on-pack environmental claims.

10. Penalties for Non-Compliance

States have built strict enforcement mechanisms into their EPR laws. Non-compliance—whether failing to register, misreporting data, or not paying fees—can result in severe consequences:

Sales Bans: The most severe penalty. Producers not registered with a PRO will be legally barred from selling, importing, or distributing products in that state.

Hefty Fines: Monetary penalties can range from $1,500 per day in Colorado to up to $25,000 per day, per violation, in states like California and Oregon.