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Maryland Enacts EPR Packaging Law
In May 2025, Maryland joined California, state EPR legislation details, Colorado, state EPR information, Oregon, state EPR legislation details, Maine, regulatory requirements for PCR, and Minnesota, legislative bill text to become the sixth U.S. state to pass extended producer responsibility (EPR) legislation for packaging. EPR packaging laws, guide to EPR packaging regulations transfer the responsibility for managing packaging waste from local governments to the producers of packaged goods, encouraging brand owners to adopt more sustainable and recyclable packaging solutions — such as refillable, reusable, lightweight, or recycled-content materials.
The Maryland legislation — SB901 Packaging and Paper Products Producer Responsibility Plan, Maryland SB901 statute — requires producers to reimburse local municipalities for waste management and recycling-related costs and establish producer responsibility organizations (PROs) to manage recycling targets and fee structures.
The EPR law mandates the PROs submit a registration form with a list of producer company names and their brands and covered packaging materials by July 1, 2026, and annually thereafter. Additionally, the PROs must create a five-year producer responsibility plan by July 1, 2028, for review and approval by the Maryland Department of the Environment (MDE) and every five years thereafter.
In consultation with the PROs and other stakeholders, the MDE must create a statewide list of covered materials determined to be recyclable or compostable through curbside recycling programs by July 1, 2027.
EPR Goals
The legislation calls for reducing the amount of packaging, especially plastic packaging, sold in the state, reducing packaging waste, redesigning packaging to be recyclable, compostable, or reusable, reducing the toxicity of packaging, and increasing the recycling rates and recycled content of covered materials.
Future rulemaking will set specific targets and timelines for these EPR objectives and other performance goals (i.e., recycling rates, composting rates, reuse rates, return rates, percentage of post-consumer recycled content, source reduction, and greenhouse gas reduction).
By July 1, 2029, the PROs must report annually their progress on meeting the plan requirements and goals for the preceding year.
Producer Fees and Financial Responsibilites
The PROs will set producer fees based on a variable cost structure associated with transporting, collecting, and processing the covered materials. To fund these costs, the legislation establishes a phased approach to the PROs' financial responsibilities:
- By July 1, 2028, the PROs must cover at least 50% of the cost per ton of covered materials.
- By July 1, 2029, the PROs must cover at least 75% of the cost per ton of covered materials.
- By July 1, 2030, and annually thereafter, the PROs must cover at least 90% of the cost per ton of covered materials.
Fees will be eco-modulated based on the environmental impact of the covered materials. Producers will pay more for covered materials with low recycled content and discounted payments for those with high recycled content.
Product and Producer Exemptions
Packaged products exempt from the EPR law include infant formula, medical foods and equipment, drug and medical devices, fortified oral nutrient supplements required for medical purposes, pesticides, hazardous materials, long-term storage containers, and other products. Producers with less than $2 million in global gross revenues or less than one ton of covered materials sold into the state are also exempt.
Recycling Needs Assessment
The EPR law directs Maryland's Office of Recycling to hire an independent consultant by July 30, 2034, to conduct a statewide recycling needs assessment and every 10 years thereafter. The needs assessment will analyze Maryland's solid waste and recycling systems, including current waste and recycling streams, disposal methods, and associated costs. It will evaluate infrastructure, access, and capacity for collection, processing, and composting while identifying opportunities to expand services and improve public education.
In February 2025, the MDE released the first statewide recycling needs assessment, which examined waste characterization, infrastructure and capacity, worker conditions and wages, environmental justice, system cost, and baseline data. According to the assessment report, Maryland generated about 2.9 million tons of covered materials in 2022.
The 154-page report found that a well-designed EPR packaging program could increase the state's recycling rate from 34% (984,000 tons of covered materials) to over 50% (1.4 million tons), generate $202 million in material value ($53 million above the baseline), reduce over 1 million metric tons of carbon emissions, and create more than 2,000 jobs.
Unpacking Your Sustainability Potential
At Berlin Packaging, sustainability report 2024, we partner with our customers to unpack their full sustainability potential by creating packaging solutions that optimize sustainability, functionality, performance, brand impact, cost, and material availability. We help brands navigate environmental regulations, such as meeting EPR and eco-modulated fee requirements and incorporating post-consumer recycled (PCR) content into their packaging portfolio.
We conduct life-cycle assessments (LCAs) of packaging, quantifying a product's environmental impact (i.e., greenhouse gas emissions, water use, mineral resource use, and fossil fuel use) throughout its entire life cycle, from sourcing and manufacturing to distribution and end-of-life. LCAs offer comparisons of potential packaging solutions, enabling brand owners to make informed decisions and articulate their commitment to sustainability to their target consumers.
As part of our support to customers in achieving their sustainable packaging goals, we provide an expansive suite of leading sustainability services, sustainability brochure ranging from consumer and market insights, circularity road mapping, and recyclable stock solutions to custom packaging design, refillable and reusable packaging models, and sustainability communications strategies.
Furthermore, we partner with like-minded organizations, partnership news article to address broad packaging issues and drive systemic change throughout the supply chain toward sustainable packaging practices.
The information contained in this article is intended for general information purposes only and is based on information available as of the initial date of publication. No representation is made that the information or references are complete or remain current. This article is not a substitute for review of current applicable government regulations, industry standards, or other standards specific to your business and/or activities and should not be construed as legal advice or opinion. Readers with specific questions should refer to the applicable standards or consult with an attorney. It is the customer’s responsibility to determine whether its filled product is subject to any applicable government regulations and to ensure compliance with such regulations.