Maryland and Washington Enact Groundbreaking EPR Laws for Packaging Waste Management

In May 2025, both Maryland and Washington enacted Extended Producer Responsibility (EPR) laws for packaging, marking significant progress in the United States' efforts to enhance recycling systems and promote sustainable packaging practices.

Maryland: Packaging and Paper Products Producer Responsibility Plans (SB 901)

Signed into law on May 13, 2025, Maryland's SB 901 establishes an EPR program requiring producers to take financial and operational responsibility for the end-of-life management of packaging and paper products.

Primary Obligations

Covered Materials: Includes packaging and paper products sold or distributed in Maryland, with certain exemptions such as packaging for infant formula and hazardous materials.
Producer Responsibility Organization (PRO): Producers must join a PRO approved by the Maryland Department of the Environment (MDE). The Circular Action Alliance (CAA) has been designated as the state's PRO.

Implementation Timeline:

Producers are required to reimburse a percentage of recycling and composting costs, starting at 50% in 2028 and increasing to 90% by 2030.

Washington: Recycling Reform Act (SB 5284)

On May 17, 2025, Washington's Governor signed SB 5284 into law, making it the seventh state to adopt an EPR program for packaging.

Primary Obligations

Covered Materials: Applies to packaging and paper products introduced into Washington state.
Producer Responsibility Organization (PRO): Producers must join or form a PRO by July 1, 2026. The PRO is responsible for developing, implementing, and financing the program, with oversight from the Washington State Department of Ecology.

Implementation Timeline:

Financial Obligations: Producers are required to reimburse a percentage of recycling system costs, starting at 50% by February 15, 2030, and increasing to 90% by 2032.

Reference: Maryland and Washington Packaging Extended Producer Responsibility