What to Watch for in 2026: Extended Producer Responsibility (EPR)

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Why it matters

Extended Producer Responsibility (EPR) for packaging marks a major 2026 policy shift, with seven U.S. states (California, Colorado, Maryland, Maine, Minnesota, Oregon, Washington) enforcing laws requiring producers to fund and manage end-of-life waste through Producer Responsibility Organizations (PROs).[1][3][4][5] Core developments include Oregon and Colorado issuing first dues invoices (Oregon in 2025, Colorado early 2026), upcoming 2025 data reports by May 31, and one-time fees in August; California's SB 54 rules finalize in 2026 with a January 2027 launch, amid tightened exclusions for food packaging.[1][2][7][9] A federal court granted preliminary injunction against Oregon's Responsible Materials Act (RMA) for NAW members, halting enforcement on Dormant Commerce Clause/Due Process grounds while litigation proceeds.[1]

Key players are state agencies like Oregon DEQ, CalRecycle, and PROs such as Circular Action Alliance; producers (brands, retailers, manufacturers) via groups like EPR Leadership Forum, Can Manufacturers Institute, and NAW; legislation including Oregon RMA, California SB 54, and new 2026 bills in at least two states.[1][2][3][5][6] Western Growers contests California's exclusions impacting fresh produce packaging.[7]

This builds on 2025 enactments in Maryland/Washington (90% recycling cost reimbursement) and data collection, accelerating from prior needs assessments.[1][2][4][6][8] Newsworthy now due to 2026 harmonization of deadlines/fees across states, litigation risks, compliance costs (e.g., California penalties up to $50,000/day), and expansion debates pairing EPR with deposit systems in Northeast states like New Jersey, New York, Rhode Island.[1][2][4][5][6]

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