EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

Key Takeaways

• What is happening? Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies for plastics and packaging materials. Seven states already have active EPR programs for packaging, and others are taking steps toward implementation. Recycled content laws are also gaining traction in several states as legislators make efforts to reduce packaging waste. As of 2025, five states have enacted laws that require certain containers and packages to meet minimum recycled content standards. As EPR and Recycled Content programs expand across the country, regulated companies should begin to prepare for the new regulatory landscape.
• Who is impacted?
  • Under EPR Packaging laws - Producers of packaging material or products contained within packaging material, including (i) manufacturers who either distribute the product under their own brand or without identification of a brand, (ii) licensees of a brand or trademark under which a packaged item is sold or distributed, or (iii) importers of products using covered materials. Exemptions may apply based on the producer’s gross revenue or limited tonnage of covered materials sold or distributed.
  • Under Recycled Content laws – Producers of covered materials (e.g., beverage containers, plastic containers, bags, and others), including (i) manufacturers of covered materials, (ii) licensees of a brand or trademark under which covered materials are sold or distributed, or (iii) importers and distributors of covered materials. Exemptions apply to small businesses, certain products stored in containers, and others.

B&D closely tracks EPR and packaging developments, upcoming deadlines, and business implications arising from these legal requirements.

EPR Legislation for Packaging

• In general, EPR legislation for packaging requires “producers” of packaging material or products contained within packaging material to devise and implement a plan to collect, process, recycle, and reduce the quantity of packaged materials generated. Producers typically achieve this through a collective producer responsibility organization (PRO), which develops a program implementation plan. Each state law can vary slightly with respect to reporting deadlines, exemptions, the obligated entity, covered materials, and the fee structure.
• Currently, five states in the United States have enacted EPR programs for packaging, and two others are undertaking a Needs Assessment to determine how to implement an EPR program.

Read B&D's chart outlining EPR law summaries by state .

Recycled Content Legislation

Recycled Content legislation requires producers, including manufacturers, brand owners/licensees, importers, and distributors, to utilize postconsumer recycled (PCR) content for covered containers and packages in an effort to reduce plastic waste impact and stimulate recycling markets.

Existing PCR legislations vary in scope and are structured around increasing PCR requirements. While some states like New Jersey have opted for a more comprehensive approach that sets requirements for rigid plastic and glass containers, paper and plastic carryout bags, and plastic trash bags, other states like Maine have adopted a reduced coverage limited to plastic beverage containers. Common features also include provisions imposing registration requirements with the state environmental department and periodic reporting obligations detailing the amounts of virgin material and PRC existing in containers and packages.

Read B&D's chart outlining recycled content legislation by state.

Looking ahead – States that might enact EPR packaging or recycled content regulations

• Illinois – SB 1555. Signed into law in 2023, the act established the Statewide Recycling Needs Assessment Advisory Council and directs Illinois EPA to conduct a needs assessment to assess recycling, composting, and reuse conditions in the state for packaging and paper products, including identifying current conditions and an evaluation of the capacity, costs, gaps, and needs associated with recycling and the diversion of packaging and paper products. The first draft of the needs assessment must be submitted for comments to the Advisory Council on or before December 31, 2025. Illinois EPA must finalize the needs assessment on or before May 1, 2026. Once the needs assessment is finalized, Illinois will likely enact regulations for an EPR program for packaging.
• Maryland – SB 222. Mandates the Office of Recycling in the Department of the Environment (“Department”) to procure a statewide recycling needs assessment for packages. The law further establishes an Advisory Council that will evaluate and make recommendations on how to effectively establish and implement an EPR program for packaging materials in the state. The law required the Advisory Council to submit a report with its findings and recommendations on or before December 1, 2024, but delays in completing the needs assessment have prevented the Advisory Council from meeting the deadline. Once the report is finalized, the Department will likely enact regulations for an EPR program in the state.
• Washington – HB1150 (“Recycling Reform Act”). Requires producers of paper products and packaging (PPP) to, through the participation in a PRO, develop, implement, and finance a statewide program for covered materials to reduce environmental and health impacts and generation of covered PPP waste. The bill was introduced in January 2025 and is currently making its way through the committee process.
• New Jersey – SB 3398 (“Packaging Product Stewardship Act”). The bill would require certain manufacturers and distributors of products that utilize packages to, through participation in a PRO, adopt and implement plans to decrease the amount of packaging disposed as solid waste and to pay the state an annual surcharge. The bill would require that:
  • By 2032 - the cumulative amount of single-use packaging products sold, offered for sale, imported, or distributed is reduced by 25% in volume.
  • By 2034 - all packaging products must be either compostable or recyclable. 
  • By 2036 - the recycling rate of packaging products must be at least 65%. Regulated entities are allowed to form PROs to meet the requirements.

The bill was introduced on June 3, 2024, and has not presented development towards enactment to date.

Future Implications

As evidenced by multiple statutes already enacted and under discussion in different states, EPR and Recycled Content mandates continue to trend and are likely to expand across the country in the near future. Impacted entities should remain vigilant of legislative and regulatory efforts related to EPR and Recycled Content policies to adjust their business models accordingly to incorporate applicable sustainable practices, including relying more heavily in recycled materials. B&D will continue to closely track developments, upcoming deadlines, and business implications arising from these legal requirements to help our clients navigate the EPR and Recycled Content regulatory landscapes.

Beveridge & Diamond has extensive experience counseling individual companies and industry coalitions on EPR mandates. With offices around the country, including ones in San Francisco and Seattle, we routinely advise clients on EPR legislative and regulatory advocacy, program formation, program implementation, and enforcement issues at the state, federal, and international levels. The firm also leads a webinar series on environmental issues across the lifecycle of batteries. For more information about this EPR legislation or the battery webinar series, please contact the authors.