Maryland Becomes Sixth State with EPR Packaging Program

On May 13, 2025, Maryland became the sixth U.S. state to enact an extended producer responsibility (“EPR”) law for packaging with Governor Moore’s approval of SB 901, passed by the Maryland legislature on April 7, 2025.

SB 901 was an expected next step following Maryland’s needs assessment, which studied the state’s current waste management and recycling systems – showcasing the trend towards packaging EPR among U.S. states (on May 23, 2025, Washington is queued up to become the seventh state with an EPR packaging program unless the Governor vetoes the bill).

Maryland’s EPR law covers packaging and paper products, with “packaging” including primary, secondary, tertiary, and service packaging (including food service ware) and “paper products” including certain publications and conventional paper materials. The EPR program reflects the other states’ structures, with a producer responsibility organization (“PRO”), tiered producer definitions, specific exemptions and exclusions, responsible end market requirements, standards for recycling, and an eco-modulated fee approach.

By 2027, Maryland’s Department of the Environment will publish a list of covered materials able to be recycled or composted through curbside systems in the state. Similar to the other EPR states, SB 901 specifies that producer fees must be eco-modulated according to that list (e.g., higher fees for material types not included on the list).

SB 901 appears to borrow components of the Colorado and Oregon EPR laws, such as certain tiers within the producer definition and an exemption for packaging used in certain business-to-business channels. However, the exact language of these components differs, with potentially significant implications (e.g., Maryland’s business-to-business exemption may be narrower than Colorado’s).

Maryland also appears to approach fee setting slightly differently than other state programs. While eco-modulated fee incentives will potentially be further speciated in the regulations, the statute requires the PRO to allow 90 calendar days for public comment on its proposed fee structure. It is unclear how the PRO would need to consider those public comments, if at all.

In every five-year iteration of its program plan, the PRO must also establish mandatory rates for recycling, composting, reuse, refill, and minimum post-consumer recycled content in certain covered materials. By July 1, 2028, all producers must submit a producer responsibility plan either individually or as part of the PRO (the most common approach). Looking ahead, it is important for producers to understand their obligations and exemptions in Maryland, which may differ from other EPR states.

EPR Group will continue to monitor rulemaking and PRO developments in Maryland’s unfolding program and to support producers to develop a national EPR compliance strategy.