US Packaging EPR in 2026: Oregon Enjoined, California Delayed, and What Food Brands Should Do Now
Updated April 2026. Seven states now have packaging EPR laws, but implementation is messy.
Extended Producer Responsibility (EPR) for packaging — the principle that companies who create packaging should pay for its end-of-life disposal — is reshaping the US food packaging landscape. Seven states have enacted EPR laws: California, Colorado, Oregon, Maine, Minnesota, Maryland, and most recently Washington. But 2026 has exposed how difficult implementation actually is. Oregon’s law was partially blocked by a federal court. California withdrew its implementing regulations for the second time. And producers in multiple states face a May 31, 2026 reporting deadline with incomplete guidance on what to report.
For food brands and restaurants, the practical question is simple: do I need to register, report, and pay fees — and if so, where?
State-by-State Status as of April 2026
| State | Status | Key 2026 Deadline |
|---|---|---|
| Oregon | Partially enjoined by federal court (Feb 6, 2026). Trial July 13. | May 31 — data reporting (if not covered by injunction) |
| California (SB 54) | Regulations withdrawn Jan 9, 2026 for revision. Program plan due June 15. | Jan 1, 2027 — producer registration |
| Colorado | Active. Fee obligations started Jan 1, 2026. | May 31 — 2025 data reporting |
| Maine | Producer registration opening May 2026. | ~October 2026 — start-up fees due |
| Minnesota | PRISM reporting framework active. | July 1, 2026 — first reports due |
| Maryland | PRO registration framework active. | July 1, 2026 — PRO registration deadline |
| Washington | SB 5284 signed. Framework developing. | July 1, 2026 — producer registration opens |
The Oregon Situation Explained
On February 6, 2026, a US District Court issued a preliminary injunction against Oregon DEQ enforcement of the Recycling Modernization Act against members of the National Association of Wholesaler-Distributors (NAW). The court found “serious questions” about whether Oregon’s law violates the Dormant Commerce Clause (by burdening interstate commerce) and Due Process requirements. This is the first time a federal court has blocked a US packaging EPR law — and it has sent shockwaves through the packaging industry.
The injunction only applies to NAW members as of February 6. Other producers must still comply. A full trial is set for July 13, 2026. If the court ultimately strikes down Oregon’s EPR law on constitutional grounds, it could provide a roadmap for challenging similar laws in other states.
What Producers Actually Need to Do
The May 31, 2026 deadline is the most immediate action item. Producers selling packaging in California, Colorado, Oregon, Minnesota, Maryland, and Washington must submit 2025 supply data by this date. “Producers” in EPR language typically means the brand owner — not the packaging manufacturer or the retailer. If your food brand puts products in packaging and sells them in these states, you’re likely a covered producer.
Step 1: Determine if you’re a covered producer. Each state defines “producer” slightly differently, but generally it’s the entity whose brand name appears on the packaging. Small business exemptions exist in most states — check each state’s threshold (typically based on revenue or tonnage).
Step 2: Register with the Producer Responsibility Organization (PRO). Most states operate through a single PRO — Circular Action Alliance is the PRO for Oregon and is expected to serve other states. Registration deadlines vary by state.
Step 3: Report your packaging data. You’ll need to know the total weight of packaging materials you placed on the market in each state, broken down by material type (paper, plastic, glass, metal, etc.). Start tracking this data now if you haven’t already.
Step 4: Budget for fees. EPR fees are based on the weight and material type of packaging you sell. Rates vary by state but expect $200–$400 per ton as a starting range. Packaging with poor recyclability pays higher fees under modulated systems.
Why This Matters for Food Packaging Choices
EPR creates a direct financial incentive to choose packaging that is lighter, more recyclable, and easier to process. Mono-material containers (all-PP or all-PET) typically attract lower fees than multi-material constructions (paper body with PE coating plus plastic lid). Reducing packaging weight directly reduces your fee obligation.
For food brands still in the planning phase, designing packaging with EPR costs in mind from the start is far cheaper than retrofitting later. Choose materials that rate Green under recyclability assessments, minimize packaging weight without compromising function, and avoid multi-material combinations that are difficult to separate for recycling.
Navigating EPR compliance? GQ TH Pack can help you choose packaging materials that minimize EPR fee exposure — mono-material designs, lightweight construction, and recyclable-by-design solutions. Contact us for packaging that’s built for the EPR era.