Extended Producer Responsibility — EPR — is a regulatory framework that shifts the financial and operational responsibility for end-of-life packaging management from municipalities and consumers to the brands that produce and sell packaged goods. In plain terms: if your brand puts packaging into commerce, EPR regulations may require you to pay fees, report data, or modify your packaging based on how recyclable it is.
EPR isn't new — it's been operating in Canada and across the EU for years. What's new is that it's arrived in the United States, and the pace of adoption is accelerating.
Where EPR Is Active in the US Right Now
Seven states have enacted comprehensive packaging EPR laws: Maine, Oregon, Colorado, California, Minnesota, Maryland, and Washington. These are no longer future obligations. Oregon and Colorado programs are operational with the first producer compliance fees now due. California's SB 54 permanent regulations took effect May 1, 2026, with registration and enforcement obligations beginning June 1 and noncompliance penalties running as high as $50,000 per day. Six of the seven states — all but Maine — required producer reporting by May 31, 2026 through the Circular Action Alliance, the first simultaneous multi-state EPR deadline. Oregon has moved into active enforcement, publicly listing noncompliant producers. One development worth tracking: in February 2026 a federal court preliminarily blocked Oregon from enforcing its program against members of one national trade association while a constitutional challenge heads to trial — enforcement against all other producers continues.
The Circular Action Alliance serves as the producer responsibility organization in California, Colorado, Maryland, Minnesota, Oregon, and Washington; Maine issued an RFP for its stewardship organization in June 2026. Additional states including Illinois, New Jersey, and North Carolina have legislation under consideration, and litigation in California, Oregon, and Colorado could still affect how these programs are implemented. A shared PRO helps, but each state sets its own covered materials, fee schedules, and reporting rules — so brands selling nationally face a genuine patchwork, not one filing.
How EPR Affects Your Packaging Decisions
EPR programs assess fees based on packaging material type, weight, and recyclability. Packaging that is widely recyclable in established collection streams — like paperboard — generally receives lower fee assessments. Packaging that is difficult to recycle, requires special collection infrastructure, or is made from mixed materials typically faces higher fees.
This creates a direct financial incentive to evaluate packaging recyclability as part of the purchasing decision — not just as a sustainability consideration, but as a cost factor. A packaging decision that looks cost-neutral today may look different when EPR fees are factored into the total cost of packaging over a multi-year horizon.
"A packaging decision that looks cost-neutral today may look different when EPR fees are factored into the total cost over a multi-year horizon."
What Brands Need from Their Packaging Suppliers
EPR compliance requires data — specifically, material composition data about the packaging you're putting into commerce. Most EPR programs require brands to report the weight and material type of each packaging component: the paperboard substrate, the coating type, any window film, adhesives, and other materials.
This means your packaging supplier needs to be able to provide that documentation. At Graph-Pak, we can provide detailed material composition documentation for every folding carton program we produce — board grade, coating type, window film material if applicable, and other relevant components. If your EPR compliance team or consultant needs specific data formats, we work with you to provide what's required.
Where Folding Cartons Stand in EPR Frameworks
Paperboard folding cartons are broadly recognized as recyclable in most EPR frameworks and in most municipal recycling programs. Paperboard has established collection infrastructure, established end markets for recovered fiber, and a long history in recycling programs. This gives folding carton packaging a favorable position in EPR fee calculations compared to many plastic alternatives.
Certified fiber sourcing through FSC or SFI chain-of-custody programs provides documented traceability, and mills supplying paperboard commonly hold these certifications.
Graph-Pak can support your EPR compliance efforts on the packaging side — providing material composition documentation, substrate selection guidance relative to recyclability thresholds, and structural design input that affects how your packaging is classified. We do not provide regulatory or legal counsel on EPR. The specific requirements in each jurisdiction, fee calculation methodologies, and compliance timelines should be confirmed with a compliance consultant or attorney familiar with the regulations in your markets.
The Bottom Line for Packaging Buyers
EPR is not a future concern — it's a present operational reality for brands selling into any of the seven EPR states today, with Oregon and Colorado already collecting fees, California phasing in, and more states drafting bills. The brands that are best positioned are those that have already built recyclability and material transparency into their packaging decisions — and have supplier relationships that can provide the documentation compliance requires.
If you have questions about how Graph-Pak can support your EPR compliance efforts on the packaging side, contact us at (847) 451-7400 or reach out through our website.
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