Is Your New Jersey Business Subject To Extended Producer Responsibility Obligations in Other States?

Extended Producer Responsibility (EPR) has quickly transformed from a niche policy idea into a nationwide regulatory framework that directly affects companies of every size. Rather than viewing waste management as purely a municipal function, state EPR laws shift financial and operational responsibility for the collection, recycling, and disposal of products and packaging materials onto the businesses that introduce them into that state market. EPR regime states accomplish this by subjecting “producer” businesses to detailed registration, reporting, fee, and performance obligations. These obligations apply regardless of where the producer is headquartered. The following overview discusses state EPR programs that are currently in effect and that impose obligations on New Jersey “producer” businesses.

California’s Packaging EPR Program

California’s program is one of the most comprehensive and affects nearly every business that sells single‑use packaging or plastic food‑service ware into the state. The law defines a “producer” broadly, often encompassing brand owners, manufacturers, and importers. Companies must join an approved Producer Responsibility Organization (PRO) or operate an approved individual plan. By 2032, all covered packaging must be recyclable or compostable, and producers must meet ambitious source‑reduction and recycling‑rate targets.  In practical terms, New Jersey companies selling into California should expect to supply detailed packaging data, pay eco‑modulated fees, and update packaging design in line with California’s regulatory criteria.

Colorado’s Packaging and Paper EPR Program

Colorado shifts the cost of recycling from municipalities to producers of packaging and paper products. Beginning in 2026, producers must pay annual dues, submit packaging supply data, and maintain registration with Circular Action Alliance (CAA), the state PRO, to continue sales in the state.  This is a strict program. Colorado can impose daily penalties for non‑compliance that escalate for repeat violations (ranging from $5,000 per day for an initial violation / $1,500 for each day the violations continue to $20,000 per day for a repeat violation within 12 months / $6,000 per day for each day the violations continue) and producers risk losing market access if they fail to register. For New Jersey businesses with significant sales into Colorado, early data organization and alignment with CAA’s reporting templates is essential.

Maine’s Packaging EPR Program

Maine enacted the nation’s first packaging‑specific EPR law in 2021, establishing a statewide Stewardship Program for Packaging. The law applies broadly to most consumer packaging materials—including paper, plastic, glass, metal, and cardboard—and places responsibility for end‑of‑life management on producers that introduce covered materials into the state. Maine’s program is still in the implementation phase. Producers are expected to register and report 2025 packaging data by May 31, 2026, according to current rulemaking developments. A Maine PRO has not yet been designated, and the state expects to name one by March 2026. Full program operations are scheduled to begin in 2027, following finalization of rules and stewardship plan approval. For New Jersey‑based businesses selling into Maine, this means early preparation of material‑level packaging data and ongoing monitoring of DEP rulemaking will be essential as fee schedules, reporting templates, and performance requirements are finalized.

Maryland’s Packaging and Paper EPR Law

Maryland’s EPR program became law in 2025, making Maryland the sixth state to adopt packaging EPR. The law covers a broad set of packaging and paper products and requires producers operating in Maryland to join a PRO, pay into recycling cost‑recovery systems, and meet performance goals set by the Maryland Department of the Environment. Maryland differs from other states in that it allows multiple PROs to operate simultaneously, which means producers must monitor which PRO their industry sector aligns with and ensure enrollment occurs in the correct entity.

Minnesota’s Packaging, Food Packaging, and Paper Law

Minnesota’s Packaging Waste and Cost Reduction Act has one of the most exacting penalty structures in the country. Producers introducing one ton or more of covered materials into Minnesota must join a PRO, report annual weights, and support recycling, composting, refill, or reuse systems. The state accepted CAA as its initial PRO in 2024. Penalties can reach $25,000 per day for initial violations, $50,000 for a second violation within 5 years and $100,000 for subsequent violations.  Minnesota’s compliance calendar includes producer registration, state needs assessments, stewardship plan development, and escalating recycling and reuse requirements through 2032.

Oregon’s Packaging and Paper EPR Program

Oregon’s Plastic Pollution and Recycling Modernization Act, enacted in 2021, established a comprehensive EPR system covering packaging, paper products (including printed paper, newspapers, and magazines), and food serviceware. The law is designed to modernize recycling infrastructure, improve material recovery, and shift system costs from municipalities to producers. Oregon requires producers to register with CAA and to report supply data for covered materials. Producers were required to register and submit 2024 supply data by March 31, 2025, with a grace period extending to April 30, 2025. Fee obligations for registered producers began July 1, 2025, making Oregon the first state to begin issuing EPR invoices under its packaging law. Penalties for noncompliance can reach $25,000 per day per violation, and Oregon’s DEQ has continued regulatory updates through multi‑year rulemaking cycles. New Jersey businesses selling into Oregon should ensure timely PRO registration and accurate material reporting to avoid penalties and maintain market access.

Washington State’s Packaging and Paper Program

Washington’s Recycling Reform Act adds another Pacific Northwest jurisdiction to the EPR landscape. Producers selling residential packaging or paper into Washington must join a PRO by July 1, 2026. Program plans are due in 2028, and statewide implementation begins in 2030. Washington’s penalties for non‑membership or non‑reporting can reach $1,000 dollars per violation per day, increasing for repeat violations. As with other programs, producers must prepare for data reporting, design changes, and fee payments as the statewide acceptance lists and PRO structures mature.

Path Forward

EPR obligations are active, enforceable, and directly affect any businesses selling into the states discussed above. To fulfill these real and immediate regulatory obligations, businesses selling into these states should determine whether they are a “producer” per the states’ respective EPR laws. If so, the business should move forward to inventory all packaging and paper materials that the business places into each state market, register promptly with designated PROs in states where registration is required or overdue, and develop an internal compliance roadmap to avoid penalties, protect market access, and stay ahead of rapidly expanding regulatory obligations.

Businesses should also remain aware of additional states’ efforts to establish EPR regimes and act proactively with respect to related developments. For guidance on navigating these obligations, contact Partner Daniel T. McKillop or a member of Scarinci Hollenbeck’s Environmental Law team.