Increasingly state governments are enacting Extended Producer Responsibility (EPR) laws in an effort to encourage a circular economy. Unfortunately, rather than encouraging sustainability and placing responsibility and enforcement on the three key stages of circularity that would have the most direct impact; consumers, retailers, and manufacturers, many EPR laws shift the burden away from these key decision-makers and enact mandates and fines on parts of the supply chain that have little to no control over decisions to design, reduce, reuse or recycle a product. EPR laws that enact regulatory and punitive financial burdens on wholesalers and distributors are ineffective policies ignoring the key players in any circular economy, shielding consumers and companies that would have the greatest impact on sustainability and consumer behavior.  Primarily serving the business-to-business marketplace wholesaler-distributors offer warehousing, logistics and shipping from manufactures and producers to retailers, contractors, and other businesses, they should not be classified as “producers” in EPR laws.  While supportive of the goals of circularity, NAW does not support EPR laws that regulate or tax a product at the wholesaler-distributor level of the supply chain. 

NAW Action

NAW filed a lawsuit on July 30 in the U.S. District Court for the District of Oregon stating Oregon’s Plastic Pollution and Recycling Modernization Act and its implementing regulations are unconstitutional under the U.S. Constitution and Oregon Constitution. Oregon’s law is an unprecedented program seeking to broadly regulate entities across the supply chain and affecting virtually every aspect of intra and interstate commerce for products purchased in Oregon—all while delegating essential regulatory authority to a private, third-party organization.

On February 6, NAW secured a preliminary injunction blocking enforcement of Oregon’s Plastic Pollution and Recycling Modernization Act against NAW member companies. The injunction prevents Oregon’s Department of Environmental Quality from enforcing the Act against NAW Members until the court rules on the merits. The Court agreed with NAW that the law’s opaque regulatory scheme raises serious questions about whether the Act violates the Due Process and Dormant Commerce Clauses in the United States Constitution.

The NAW Legal Policy Center serves as the voice of the wholesale distribution industry in precedent-setting litigation in courts across the country to defend the free enterprise system. Learn more.

Extended Producer Responsibility (EPR) Laws

EPR is a policy approach that makes producers responsible for their products throughout their entire lifecycle, including the post-consumer stage. While the producer definition varies by law, many states have defined a producer as a company that sells, distributes, or imports the covered material into the state. Supporters of the legislative efforts believe it helps to achieve environmental goals, such as recycling targets and designing more circular products. 

In the US, states are increasingly passing EPR laws for packaging, plastic, and paper. The laws are modeled to mandate producers join a Producer Responsibility Organization (PRO), a non-governmental entity that sets fees, standards, and manages a producer responsibility or stewardship program. Under EPR programs, producers are required to register, report, and pay fees to the PRO for the covered products. The PRO then distributes the funds to cover the costs of the producer responsibility program created in the law.

7 States Have Passed Packaging and Paper EPR Laws

Below is a current list of states that have passed EPR laws focused on regulating packaging, plastic, and paper products. NAW continues to track and monitor EPR legislation in the states, and report on developments in NAW’s Bi-Weekly State Update.

California – Plastic Pollution Prevention and Packaging Producer Responsibility Act
Governor Newsom signed SB 54 into law in June 2022. The Circular Action Alliance has been approved to serve as the first singular Producer Responsibility Organization (PRO) for the state. On May 1, 2026, regulations for SB 54 were finalized and went into effect. Producers are given 30 days to come into compliance with the regulatory deadlines.

• On October 14, 2025, NAW and a group of organizations requested that CalRecycle and the Circular Action Alliance (CAA) delay the initial producer reporting requirement under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) until the agency finalizes the permanent regulations governing the program.
• NAW also submitted comments in response to CalRecycle’s notice of proposed action in October 2025 and February 2026.

Colorado – Producer Responsibility Program for Statewide Recycling Act, House Bill 22-1355
The Colorado bill was signed into law on June 3, 2022, by Governor Polis. Under the law, Colorado states that obligated producers must sign the Participant Producer Agreement and the Colorado State Addendum, login to the Producer Portal, and report by July 31, 2025 to meet the Colorado reporting deadline. The state appointed the Circular Action Alliance as the designated PRO in May 2023. Additionally, producers had to remit payment to CAA beginning in 2026.

• On July 23, NAW requested delay of the July 31, 2025 effective date or, at a minimum, enforcement of the Producer Responsibility Program for Statewide Recycling due to widespread confusion and a substantial number of outstanding questions of impacted parties on who must register, with what organization, and what products are covered by the law. On October 3, the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment denied granting an extension.

Maine – Stewardship Program for Packaging, LD 1541 and amended by An Act to Improve Recycling by Updating the Stewardship Program for Packaging, LD 1423
Maine first passed a law establishing a stewardship program for packaging material in July 2021. In June 2025, Governor Mills signed LD 1423 into law amending the program to exclude some products and updated definitions. Maine will contract with a Stewardship Organization in 2026, with producers being required to register and report with the organization. The program set to be fully operational in 2027.

Maryland – Packaging and Paper Products – Producer Responsibility Plans​ Act, SB 901
Governor Moore signed SB 901 into law on May 13, 2025. The Maryland Department of the Environment has already approved the Circular Action Alliance as the state’s PRO for EPR. Producers are required to register with the Maryland Department of Environment by July 1, 2026.

Minnesota – The Packaging Waste and Cost Reduction Act
In May 2024, Governor Walz signed the bill into law. The Minnesota Pollution Control Agency (MPCA) accepted Circular Action Alliance’s registration to implement the state’s EPR program. Producers must be a member of a PRO that is registered with MPCA by July 1, 2025. The program is set to begin early in 2029.

Oregon – Plastic Pollution and Recycling Modernization Act (RMA)
The law became effective Jan. 1, 2022, with implementation of producer fees in July 2025. The only approved PRO is the Circular Action Alliance in Oregon.

• NAW requested a one-year delay of the July 1, 2025, effective date or, at a minimum, enforcement of the Plastic Pollution and Recycling Modernization Act (RMA) due to widespread confusion and a substantial number of outstanding questions from parties who must register, with what organization they must register, and what products are covered by the law. That request was denied by Oregon DEQ on June 23, 2025.
• NAW filed a lawsuit on July 30 in the U.S. District Court for the District of Oregon stating Oregon’s Plastic Pollution and Recycling Modernization Act and its implementing regulations are unconstitutional under the U.S. Constitution and Oregon Constitution.

Washington – SB 5284, the Recycling Reform Act
On May 17, 2025, Governor Ferguson signed the bill into law. Under the law a PRO must be selected by Jan. 1, 2026, with producers being required to register with a PRO by July 1, 2026. The Washington Department of Ecology named CAA to lead implementation of the Recycling Reform Act.