World Wide Gourmet Foods

Extended Producer Responsibility (EPR) packaging laws are rapidly changing how packaged food brands, retailers, and manufacturers operate in the United States. These laws are designed to shift the cost of recycling and managing packaging waste away from taxpayers and local governments and onto the companies that introduce packaging into the marketplace.

For food brands, snack companies, confectionery companies, and packaged goods manufacturers, EPR compliance is becoming a critical part of doing business nationally.

What Is EPR?

Extended Producer Responsibility (EPR) is a regulatory framework that requires companies placing packaged products into certain states to:

• Register with the state or approved Producer Responsibility Organization (PRO)
• Report packaging material volumes
• Pay fees to support recycling and waste management infrastructure
• Meet recycling and sustainability goals established by the state

The concept is intended to encourage companies to reduce unnecessary packaging and improve recyclability while helping fund recycling programs.

Which States Currently Have Packaging EPR Laws?

As of 2026, seven states have enacted packaging EPR laws:

• California
• Colorado
• Maine
• Maryland
• Minnesota
• Oregon
• Washington

Additional states are actively considering similar legislation.

Who Is Responsible for Reporting?

One of the biggest areas of confusion in the food industry is determining who is legally responsible for reporting packaging volumes.

In most co-manufacturing relationships, the brand owner—not the co-packer—is responsible for EPR registration and reporting.

Generally, the “producer” is defined as:

• The brand owner whose name appears on the package
• The importer of record if no U.S. brand owner exists
• The retailer for private label products

This means that even if a co-packer manufactures and ships the product, the brand owner is usually responsible for:

• Registering with the state or PRO
• Reporting packaging volumes
• Paying EPR fees
• Maintaining compliance documentation

Co-packers typically provide packaging specifications and shipment data to support reporting, but the legal reporting obligation generally remains with the brand owner.

Circular Action Alliance (CAA)

Most states are implementing EPR programs through a Producer Responsibility Organization (PRO) called Circular Action Alliance (CAA).

CAA acts as the centralized organization that helps producers comply with multiple state laws. Instead of filing separately with every state agency, companies can generally register and report through CAA.

CAA currently supports EPR compliance programs for:

• California
• Colorado
• Oregon
• Minnesota

and is expected to support additional states as programs become operational.

CAA’s role includes:

• Producer registration
• Packaging data collection
• Fee administration
• State reporting coordination
• Recycling program management

This significantly simplifies compliance for national brands operating in multiple states.

State-by-State Overview of Packaging EPR Laws

California

California’s SB 54 is one of the most aggressive packaging EPR laws in the country.

The law establishes major recycling and source reduction goals, including:

• 100% recyclable or compostable packaging by 2032
• 65% recycling rate for single-use plastic packaging
• 25% reduction in plastic packaging weight

California’s program applies broadly to consumer packaging and food packaging sold into the state.

Small Producer Exemptions

California includes exemptions for smaller producers based on annual revenue and packaging volume thresholds.

Generally, exemptions may apply to:

• Companies below certain gross revenue limits
• Companies selling small amounts of covered materials into the state

Specific thresholds continue to evolve through rulemaking.

Colorado

Colorado’s EPR law focuses heavily on improving statewide recycling access and infrastructure.

The program officially began implementation earlier than several other states and has aggressive reporting timelines.

Small Producer Exemptions

Colorado includes exemptions for:

• Small businesses below revenue thresholds
• Low-volume producers
• Certain nonprofit organizations

Oregon

Oregon was among the first states to operationalize packaging EPR programs.

Oregon’s law covers:

• Packaging
• Printing paper
• Food service ware

Oregon has already begun fee collection and active reporting requirements.

Small Producer Exemptions

Oregon provides exemptions for:

• Smaller companies below revenue thresholds
• Companies selling limited packaging volume into the state

Minnesota

Minnesota’s Packaging Waste and Cost Reduction Act became law in 2024.

The law covers:

• Food packaging
• Packaging components
• Paper products

Minnesota is expected to become a major compliance state for food brands due to the broad scope of covered materials.

Small Producer Exemptions

Minnesota includes exemptions for:

• Small businesses
• Low-volume packaging producers
• Certain specialty producers

Maryland

Maryland passed EPR legislation in 2025 and is currently developing implementation rules.

The law broadly covers:

• Packaging materials
• Paper products
• Food packaging

Small Producer Exemptions

Maryland’s law includes exemptions for:

• Small producers below revenue thresholds
• Low packaging-volume companies

Maine

Maine was the first U.S. state to pass a packaging EPR law.

Unlike some other states, Maine’s program is administered more directly through the state government rather than entirely through a PRO structure.

Small Producer Exemptions

Maine includes exemptions for:

• Small businesses
• Low-volume producers
• Certain food and agricultural producers

Washington

Washington passed packaging EPR legislation in 2025 and is currently developing implementation timelines.

The law is expected to broadly impact consumer packaged goods companies selling into the Pacific Northwest market.

How to Calculate Packaging Sent Into Each State

One of the most difficult aspects of EPR compliance is determining exactly how much packaging enters each state.

Companies generally need to track packaging by:

• Material type
• Weight
• Packaging component
• Destination state

Typical packaging categories include:

• Corrugated cases
• Flexible films
• Plastic trays
• Pouches
• Labels
• Folding cartons
• Shrink wrap
• Pallets
• Food service packaging

Direct Retail Shipments

If shipping directly to retail customers, the process is relatively straightforward.

Most companies calculate:

1. Units shipped into the state
2. Packaging weight per unit
3. Total packaging weight by material category

Example:

• 100,000 cookie boxes shipped to California
• Folding carton weighs 18 grams
• Total paperboard reported = 1,800,000 grams

Using 3PL Warehouses

3PLs create additional complexity because inventory may be shipped into one state and redistributed later.

Best practice is to:

• Obtain outbound shipment reports from the 3PL
• Track final destination states
• Use ERP or WMS systems to allocate packaging by final shipment destination

The key factor is typically where the product is ultimately sold or delivered, not where inventory is stored temporarily.

Distributor Tracking

Distributors can create one of the largest EPR reporting challenges.

If product is sold to a distributor who then redistributes product nationally, brands should attempt to obtain:

• State-level sales reports
• Customer shipment reports
• Regional allocation estimates

Many brands use:

• Historical sales percentages
• Distributor depletion reports
• Retail scan data
• Allocation formulas

to estimate packaging entering each state.

Maintaining strong distributor reporting relationships will become increasingly important as EPR laws expand nationwide.

Why Food Brands Should Start Preparing Now

EPR compliance can become extremely data-intensive very quickly.

Brands should begin building systems now to:

• Track packaging components by weight
• Maintain packaging specifications
• Map distribution by state
• Coordinate with distributors and 3PLs
• Maintain supporting documentation
• Register with CAA where required

Failure to comply may eventually result in:

• Financial penalties
• Sales restrictions
• Compliance enforcement actions
• Increased fees

How World Wide Gourmet Foods Can Help

At World Wide Gourmet Foods, we closely monitor packaging regulations and EPR compliance requirements affecting food brands across the United States.

As an experienced co-manufacturer working with national retail and distribution networks, we understand the complexities involved with:

• Packaging specification management
• Packaging material tracking
• Distributor and 3PL logistics
• Retail shipment reporting
• Packaging documentation systems

While the legal reporting obligation generally falls on the brand owner, our team can help you navigate those requirements, including help you get the packaging specifications, packaging weights, and operational guidance necessary to support compliance efforts.

As more states adopt EPR legislation, maintaining organized packaging data and distribution tracking systems will become increasingly important for every packaged food brand.