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Maryland Passes Packaging Extended Producer Responsibility (EPR)

The governor of Maryland formally signed Senate Bill 901 into law on May 13, 2025, making it the sixth state in the union to enact a statewide Extended Producer Responsibility (EPR) scheme for paper and packaging goods. This action comes after comparable laws were approved in Minnesota (2024), Maine (2021), Oregon (2021), Colorado (2022), and California (2022).

The new law, which goes into effect on June 1, 2025, mandates that manufacturers assume operational and financial accountability for the end-of-life handling of protected commodities that are sold or distributed inside the state. With some notable exclusions for medical, hazardous, and food-related packaging, “covered materials” refers to most of the packaging and paper goods.

Manufacturers, brand owners, licensees, importers, first sellers, and first distributors are all examples of “producers,” however the term changes based on the product and sales structure. Nonetheless, some organizations such as government agencies, nonprofits, and minimis manufacturers are free from this requirement if they brought less than one ton of covered goods into the state during the most recent fiscal year, or if their total worldwide gross revenues are less than $2 million.

To comply, producers shall register with and pay annual fees to a nonprofit Producer Responsibility Organization (PRO) to continue selling, distributing, or importing covered materials in Maryland.

All producers must submit their first Producer Responsibility Plan to the Maryland Department of the Environment (MDE) by July 1, 2028, either directly or through a registered PRO. Waste reduction, recycling, and reuse goals must be covered in the strategy, along with specific funding sources to help fund these projects. Every five years, producers must revise and submit their plans. Producers and PROs may be subject to fines of up to $20,000 for noncompliance.

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