Maine Amends Packaging EPR Law

Key Updates in LD 1423

Enacted: June 20–24, 2025

Clarified Definitions

• Producer: Expanded to include manufacturers, brand owners, importers, and distributors.
• Consumer: Now explicitly includes schools, public spaces, and government facilities, even if served by municipalities.
• Postconsumer Recycled Material: Broadened to cover both pre-consumer and post-industrial recycled inputs.
• Toxicity: Definition now focuses on intentionally added substances only.

Expanded Exemptions

• Medical device packaging
• Hazardous and flammable product packaging
• Packaging regulated under FIFRA (e.g., pesticides)
• Over-the-counter drugs, cosmetics, infant formula, diagnostics

Program Mechanism Adjustment

• Stewardship Organization (SO) authorized to recommend fee schedules that incentivize recyclable packaging.
• Streamlined administrative requirements to reduce costs and align with other U.S. EPR frameworks.

Rationale Behind the Changes

• Industry and Stewardship Groups such as the Flexible Packaging Association, Ameripen, Circular Action Alliance, Maine Beverage Association, and the American Forest & Paper Association welcomed the updates.
• AF&PA’s Terry Webber called the revisions “much needed improvements,” designed to better recycle low-rate materials without negatively impacting high-recycling streams like paper.
• Environmental Advocates, including the Natural Resources Council of Maine and National Stewardship Action Council, expressed concerns that the amendments might dilute the original law’s impact.

What This Means for Producers and Stakeholders

• Producers should prepare to register and report packaging data in mid-2026.
• Fee schedules may incentivize use of more recyclable materials.
• Exemptions reduce regulatory scope for certain product categories.
• Alignment with national EPR models simplifies multi-state compliance efforts.

Reference: Maine amends packaging Extended Producer Responsibility law