Extended Producer Responsibility (EPR): Six State Reports Due May 31

At a Glance

• Seven states now have active EPR laws for paper and packaging, with six major reporting deadlines on May 31, 2026.
• Businesses must determine if they qualify as “producers” and if their packaging is “covered material” in each state, then register and report detailed packaging data.

Seven states currently have active extended producer responsibility (EPR) programs for paper and packaging — Oregon, Colorado, California, Minnesota, Maryland, Washington, and Maine. Six of these states require reporting by May 31, 2026. Due to the complexity and differences among state EPR laws, businesses that may be obligated under these regulations should act quickly to ensure compliance and avoid penalties.

Overview of Extended Producer Responsibility

EPR laws place the burden on companies to fund end-of-life management for their product packaging. To comply with these laws, companies must assess — in each state — (1) whether they qualify as a “producer” and (2) whether their packaging is considered “covered material.”

Most states define “producer” using a hierarchical approach. Generally, the first obligated entity is the manufacturer and/or brand owner or licensee of a packaged product. If none of these are US entities, the first importer or distributor of the packaged product into the state is typically the obligated producer. Once a business determines that it is a producer in a state, it then must review its product packaging to determine whether it meets the state’s definition of “covered material.” These definitions vary by state, and each state includes unique exemptions.

After making these determinations, regulated businesses must register with the Producer Responsibility Organization (PRO) and submit the required data. In most states, this requires reporting the types and weights of covered materials supplied to the state during the prior calendar year. In California, in addition to supply reports, producers are required to submit source reduction information, including plastic component data.

Upcoming Deadlines

Below is a summary of 2026 reporting deadlines for EPR compliance:

*Circular Action Alliance anticipates a reporting deadline in Q3 2026.

**Please note that May 31, 2026, falls on a Sunday, which impacts the effective reporting deadline in some states.

Recent Developments

Below are recent, notable developments impacting state EPR programs and reporting:

• Oregon: Oregon’s EPR law is being challenged in court. In February 2026, a federal judge issued a preliminary injunction against enforcing Oregon’s Plastic Pollution and Recycling Modernization Act for members of the National Association of Wholesaler-Distributors (NAW). The trial is scheduled for July 13, 2026.
• Colorado: Litigation is also underway regarding Colorado’s EPR law. In March 2026, the Independent Lubricant Manufacturers Association sued the Colorado Department of Public Health and Environment over the implementation of the Producer Responsibility Program for Statewide Recycling.
• California: On May 1, 2026, California finalized its regulations implementing the Plastic Pollution Prevention and Packaging Producer Responsibility Act, following multiple rounds of revisions. This triggers the requirement for businesses to verify their 2023 Baseline Producer Reports, first due in November 2025. Businesses need to verify this data 30 days after the effective date of the final regulations. CalRecycle has set the submission deadline for June 1, 2026.
• Minnesota, Maryland, and Washington: “Simplified” reporting is required in these states to inform program planning (and, in Washington only, early fee calculations). Guidance is available through the CAA Producer Portal.

Next Steps

To prepare to meet the upcoming reporting deadlines, businesses should review their obligations in each of the seven states where their products are distributed or sold. It is important to begin collecting relevant packaging and supply chain data as soon as possible, given the complexity and variability of state requirements. Please reach out to the authors of this alert for assistance in assessing your company’s EPR obligations.