2023 Legislative Surge: 11 States Proposed Packaging EPR Bills

In 2023, eleven states, collectively home to nearly 92 million people, put forward legislation focused on packaging EPR. These states include Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New York, North Carolina, Rhode Island, Tennessee, and Washington. Their efforts join earlier initiatives in California, Colorado, and Oregon, which have already enacted EPR laws aimed at increasing recycling rates and reducing waste.

Examples of EPR in Action

• California’s SB 54 mandates that all single-use packaging sold in the state must be recyclable or compostable by 2032.
• Colorado’s program requires companies selling packaged goods to contribute financially to a statewide recycling system.
• Oregon’s law puts recycling system fees on producers, aligning payment with the amount and type of packaging materials placed on the market.

EPR Mechanisms: How These Laws Work

EPR laws typically require producers to partner with a Producer Responsibility Organization (PRO)—often nonprofit—to manage program administration. Producers then pay fees to fund collection, sorting, education campaigns, and end-market development. Fees tend to be eco-modulated: cleaner, more recyclable packaging leads to lower costs for producers.

Many proposals also include provisions for public outreach, infrastructure upgrades, and expanded coverage of packaging types.

Industry Impact: What Packaging Producers Should Know

More states are joining the fray: at least 14 states considered packaging EPR in 2023, with 43 bills reviewed and several enacted

Compliance is coming soon: states with existing laws have begun implementing mandates, fee schedules, and reporting requirements. Oregon led the first wave of submissions in 2025; others like California and Colorado have upcoming registration and data deadlines.

Why This Matters

These developments signal a clear trend: EPR is moving from concept to reality. Producers face growing obligations—from redesigning packaging for recyclability to managing data reporting and fee submission. At the same time, consumers can expect more clarity around recyclability, better collection access, and increasing availability of products made with recycled materials.

For packaging brands and manufacturers, this shift demands proactive engagement, innovation, and readiness for a new compliance landscape.

Key insights are drawn from WRAP’s 2023 USA Packaging EPR Guide and the U.S. EPA’s 2024 National Strategy to Prevent Plastic Pollution, along with legislative trends summarized in reports such as “Packaging Extended Producer Responsibility Bills Were Considered in 14 States in 2023”, “The Basics of Extended Producer Responsibility (EPR) Packaging Laws”, “More EPR for More States”, and “2025 Update: EPR Packaging Legislation”, which provide policy analysis on enacted laws and upcoming compliance across states.