States are rapidly moving from concept to implementation on extended producer responsibility (EPR) for packaging, creating new compliance expectations for producers and brand owners nationwide. With multiple rulemakings underway and early deadlines already on the calendar, EPR policy is shifting from a long-term discussion to an immediate operational issue for affected industries.
Across the country, legislatures and regulators are refining how producer responsibility organizations (PROs) are structured, how fees are assessed, and how recycling outcomes are measured. States are building comprehensive systems that place more financial and administrative responsibility on producers to fund packaging waste management.
Key Provisions Taking Shape
Recent developments highlight several common elements emerging across state programs:
- Producer Registration and Fees: States such as Colorado and Oregon are requiring producers to register with PROs and begin submitting dues or disclosures on a fixed timeline, with Colorado producers submitting dues as of January 1, 2026.
- Rulemaking and Advisory Boards: California, Minnesota and Oregon continue to rely heavily on advisory boards to shape implementation details, including covered materials lists, performance targets and reporting requirements.
A Growing Multi-State Trend
As of early 2026, at least seven states have active EPR programs in implementation or advanced rulemaking. Examples that illustrate the trend include:
- California: Revised regulations under the Plastic Pollution Prevention and Packaging Producer Responsibility Act were published in January 2026, with comments due in February and a PRO plan expected by mid-2026.
- Colorado: The Producer Responsibility Program for Statewide Recycling Act is entering an operational phase, with a statewide plan required to be implemented by June 2026.
- Oregon: The state is in its third rulemaking phase, with producer impact disclosures beginning at the end of 2026.
- Washington: Rulemaking is anticipated to begin in early 2026, with PRO registration deadlines following shortly thereafter.
Together, these programs point to a broader shift in state waste policy that could affect packaging design, supply chains, and compliance strategies nationwide.
Legal Context to Watch
In October, the National Association of Wholesaler-Distributors filed suit in federal court challenging Oregon’s EPR law. According to reporting from JD Supra, the lawsuit raises questions about interstate commerce impacts, fee-setting authority and constitutional delegation of powers. Observers note that the outcome could influence how similar laws are structured or defended in other states.
Related Bills and Developments
Additional EPR-related activity continues in Maryland and Minnesota, where agencies are advancing rulemaking and preliminary assessments that may inform future legislative refinements. Multiple states are also considering new EPR packaging legislation in 2026. According to global packaging company Amcor, Massachusetts, New Jersey, New York, Rhode Island and Virginia are viewed as having a high likelihood of enacting producer responsibility programs this year.
FOCUS will continue to monitor developments on extended producer responsibility for packaging in state legislatures across the country.
by Anastasia Douglas 2/9/26
