Maryland Finalizes Packaging EPR Law
Today, May 13, Maryland became the sixth state in the US to enact packaging EPR legislation – after Maine (2021), Oregon (2021), Colorado (2022), California (2022), and Minnesota (2024). The adoption of this legislation signals continued momentum for EPR across the country.
Packaging EPR: Understanding Maryland’s SB 901
On April 7, the Maryland General Assembly passed SB 901, intended to establish a statewide Extended Producer Responsibility (EPR) program for packaging. With the Governor’s signing of the bill, the EPR law for packaging will move forward into its implementation phase.
Maryland’s packaging EPR law is based on standard packaging EPR elements that the Product Stewardship Institute (PSI) developed with its members over the past 15 years, which includes requiring producers to fund and manage the recycling system and register with a Producer Responsibility Organization (PRO) to sell their products in the state.
Another important element of SB 901 is the requirement that the PRO charge fees on producer packaging that incentivize sustainable packaging that can be reduced, reused, recycled, or composted. These eco-modulated fees would, for example, cost a producer more for a package that is made of materials that lack a recycling market than one that has value and can be easily recycled.
Funds collected through EPR fees will go toward maintaining and improving recycling, composting, and reuse programs; statewide education and outreach; and other key program aspects. A key difference in Maryland’s packaging EPR bill is that it allows multiple PROs to operate from the onset of the program, promoting flexibility and competition within the system, subject to MDE oversight and approval.
Action Steps and Key Deadlines For SB 901 Packaging EPR Law in Maryland
Producers of packaging materials, individually or as part of a Producer Responsibility Organization, are required to submit a Producer Responsibility Plan to the Department of the Environment. Plans must address waste reduction, recycling, and reuse objectives, and provide detailed financing methods to support these activities. Key components include performance goals for recycling rates, waste reduction, and use of post-consumer recycled content.
Learn more about Circular Action Alliance, a Producer Responsibility Organization under packaging EPR laws in the US.
Key Dates and Deadlines for Maryland’s Packaging EPR Law
July 1, 2027: The Department will develop a statewide list of recyclable or compostable packaging materials.
July 1, 2028: A PRO is required to submit a Program Plan. No action is required from producers.
July 1, 2029: Producers must begin submitting annual progress reports and adhere to performance goals and compliance standards.
Every 5 Years (Starting July 1, 2028): Producers are required to update and resubmit their Producer Responsibility Plans. By adhering to these actions and timelines, producers can ensure compliance with regulation objectives, foster sustainable packaging practices, and actively contribute to a circular economy.
How RLG is Ensuring Business’ Compliance with Packaging EPR Laws in Maryland, and Beyond
RLG is an EPR compliance service provider that operates in over 80 countries and supports businesses of every size to ensure they remain compliant with EPR laws.
To support with packaging EPR laws, RLG:
- Provides assessments to determine obligations (EPR Impact Analysis)
- Gathers and verifies packaging data from suppliers for reporting
- Fills in data gaps and ensures accuracy with our 58m+ SKU database of product packaging information
- Is ISO 270001 certified for data security
- Maintains multiple local offices in the United States for local EPR expertise and relationships with regulators
- Keeps customers apprised of global changes to EPR laws
NOTE: This post is for informational purposes only and is not legal advice. Seek professional legal guidance. While it is accurate as of the time of publication, laws, regulations, and deadlines are subject to change. Always rely on primary sources.
