How Extended Producer Responsibility Laws May Impact Food & Beverage Processors

These laws generally require producers to register with a producer responsibility organization (PRO) and pay fees based on the amount of packaging associated with products sold in that state. To date, Circular Action Alliance (CAA) is the only approved PRO for food & beverage products. In some states, producers must also achieve recyclability or packaging reduction targets.

In the past year, deadlines for several EPR obligations have passed and more are poised to take effect. 2026 presents an opportunity for companies to achieve compliance, if they have not already done so, and prepare for more states and more obligations.

2025 recap

In 2025 EPR obligations began to materialize in the first few states with active requirements. Deadlines that already have passed include:

• California – CAA, approved in January 2024 as the PRO, asked producers to report packaging data by Nov. 15, 2025.
  
  
• Colorado – Data reporting was required by July 31, 2025. This was the second milestone after the Oct. 1, 2024, registration deadline.
  
  
• Minnesota – The deadline for producer registration was July 1, 2025.
  
  
• Oregon – Producers were required to register and report data to CAA by March 31, 2025, with fee assessments following the July 1, 2025, official program kickoff.

It is important to note that a prohibition against sales by noncompliant producers took effect in July 2025 in both Oregon and Colorado. The remaining states with EPR laws (Maine, Maryland and Washington) did not have producer milestones in 2025.

What to expect in 2026: more milestones

• Colorado – Dues payments to CAA were due Jan. 1, 2026. Additional regulations are expected in the next months.
  
  
• Maine – The Maine Dept. of Environmental Protection expects to select and contract with the PRO (called the stewardship organization or SO in Maine) in March 2026. Producers will have to register with the PRO and report initial data in May and pay start-up fees in the second half of the year.
  
  
• Washington – CAA requested producers to register with them by Feb. 15, 2026. On March 4, Washington selected CAA as the PRO for its program. Producer registration deadline is set at July 1, 2026.

Other states with EPR laws do not currently have 2026 deadlines, although rulemaking and advisory activities are worth tracking and engaging with. Eco-modulation – the adjustment of fees to favor producers with sustainable packaging or high recycled content – is expected to be a key topic this year.

EPR bills have been introduced in Georgia, New Hampshire and Wisconsin, although committee review in New Hampshire does not look promising. Carryover bills (either directly or through reintroduction) are active in New Jersey and New York, and we are watching for similar activity in Massachusetts, Rhode Island and Virginia.

Litigation developments

On Feb. 6, a federal court issued a preliminary injunction that blocks Oregon DEQ from enforcing Oregon’s EPR law with respect to members of the National Assn. of Wholesaler-Distributors while the court considers the constitutionality of the law.

The extent to which the EPR laws impact a food & beverage company depends in part on its business model. Companies with direct-to-consumer sales will have the broadest range of obligations. In contrast, companies with a business-to-business (B2B) model may benefit from B2B exemptions in certain states.

Also, the EPR data requirements can be extensive, making the development of an information tracking system critical to staying ahead of reporting and fee deadlines. Companies would also benefit from a review of supplier contracts to ensure they have provisions obligating suppliers to provide data a producer needs to fulfill its obligations.

Although, as noted above, several deadlines have already passed, those states as yet have not actively started enforcement. States are prioritizing getting producers into the programs.

Companies still have a window of opportunity to get into compliance but expect to see that window closing in the coming months. Penalties for noncompliance range from $5,000 to $100,000 per day.

The EPR train is moving, and processors need to get on board.

Cynthia Stroman focuses on environmental, health and safety issues in administrative matters, transactions and litigation. A partner in King & Spalding’s Washington, D.C. and Houston offices, she can be reached at [email protected].