maryland & washington just passed an EPR law—what that means for packaging and recycling

The packaging industry is shifting—and fast. With growing pressure to reduce waste and increase recycling rates, more states are pushing responsibility upstream to the companies that create the packaging in the first place. It’s called Extended Producer Responsibility (EPR), and Maryland and Washington just became the sixth and seventh U.S. states to pass a law requiring it. If you work with packaging in any way—design, manufacturing, logistics, or e-commerce—this is a trend you can’t afford to ignore.

what is EPR

Extended Producer Responsibility (EPR) is a policy that holds companies accountable for the packaging waste they create. That means producers (not just consumers or municipalities) are now on the hook for funding the recycling, collection, and processing of the materials they put into the world.

In practice, EPR programs typically require producers to:

  • Register with a Producer Responsibility Organization (PRO)

  • Report packaging material use and quantities

  • Pay fees based on recyclability, material type, and volume

  • Help fund the infrastructure needed to actually recycle their packaging

The goal? Shift the financial and operational burden of recycling away from cities and taxpayers—and onto the companies creating the waste.

maryland passes an EPR law

On May 9, 2024, Maryland signed its EPR bill into law. The state’s Department of the Environment will lead the implementation process, which begins with developing a detailed framework and working with stakeholders to guide policy.

What makes Maryland’s approach unique is its phased rollout and focus on building infrastructure first. The law:

  • Establishes an Advisory Council to inform the program structure

  • Requires the selection of a Producer Responsibility Organization

  • Begins with a planning period to define materials, goals, and costs

Maryland’s focus is clear: improve packaging recyclability and reduce environmental impact—without forcing municipalities to bear the brunt of the cost.

washington raises the bar on EPR

On May 17, 2025, Washington became the latest state to pass an EPR law for packaging and paper products (E2SSB 5284). Starting July 1, 2026, producers — including brands, importers, and distributors — must join a Producer Responsibility Organization or register individually to manage recycling, pay fees, and meet new performance targets.

With clear penalties for noncompliance and a focus on expanding recycling access, Washington’s program aims to shift the cost and logistics of recycling onto the companies creating the packaging — and set a strong example for other states to follow.

what states are next?

Several other states are actively pursuing EPR legislation for packaging, including:

  • New York

  • North carolina

  • Tennessee

  • Illinois

  • New Jersey

  • Connecticut

  • Nebraska

As more state legislatures prioritize recycling reform and corporate accountability, it’s likely that EPR will become the new standard for packaging regulation in the U.S.—especially for brands operating nationally.

why EPR matters for the future of recycling

EPR laws are designed to fix a broken recycling system. Most curbside programs in the U.S. are underfunded and can’t handle the volume or complexity of modern packaging. EPR shifts that burden and:

  • Encourages companies to design smarter, more recyclable packaging

  • Provides consistent funding to modernize recycling infrastructure

  • Levels the playing field for companies that are already prioritizing sustainability

  • Drives innovation in compostable, recyclable, and reusable packaging

For businesses already using curbside-recyclable materials, like Bubble Paper Wrap and Liners, EPR represents an opportunity—not a threat. It rewards packaging choices that reduce environmental impact and create value at end-of-life.

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