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Packaging rule · United States · EPR

Maryland packaging and paper products producer responsibility (SB 901)

Extended producer responsibility (EPR) rule covering plastic, paper and board, metal, glass in Maryland, United States, set by Maryland General Assembly / MDE. Applies since 1 June 2025.

By the SPI teamRule ID PR-US-007Source consulted 14 October 2026Verified 14 October 2026
Sourced facts

The rule

Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.

Jurisdiction
United States · Maryland
Authority
Maryland General Assembly / MDE
Rule type
EPR
Materials
Plastic, Paper and board, Metal, Glass
Status
In force Enacted
Adopted or published
13 May 2025
Applies from
1 June 2025
From the source

“Approved by the Governor, May 13, 2025.”

Official source Maryland General Assembly: Chapter 431 (SB 901)Official (government or regulator) · consulted 14 October 2026

Deadlines

Key dates

  1. Adopted or published 1 year and 5 months ago

  2. Applies from 1 year and 4 months ago

  3. Source consulted by the SPI team 1 day ago

  4. Re-checked by a second SPI team member 1 day ago

SPI analysis

What it means

SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.

SPI summary

Maryland's 2025 law (Chapter 431) requires producers of packaging and paper products to be covered by a producer responsibility organization. From 1 July 2026 the PRO must file an annual registration with MDE, and the first producer responsibility plan is due 1 July 2028. MDE has adopted rules in COMAR 26.04.14.

In practice

Maryland's SB 901 (Chapter 431, 2025) requires producers of packaging and paper products to be covered by a producer responsibility plan, with Circular Action Alliance (CAA) as PRO. From 1 July 2026 the PRO files an annual registration of producers, brands and materials; CAA set 31 May 2026 for producers to register and report. The first plan is due 1 July 2028, reimbursement of local costs is to reach at least 50% by then, and producers face a target to cut packaging waste by at least 25% within five years of first plan approval.

Where the record is unclear

  • The date for the sales prohibition without an approved plan is left to MDE regulations and was not found on the pages consulted.
  • The Chapter 431 copy mixes struck and inserted text, so some amended dates were read from context.
  • When fee collection starts before July 2028 is not determined, per CAA.

Where it sits in the tracker

  • One of 13 packaging rules we track in the United States, of which 7 are EPR rules.
  • In all, 25 EPR rules are tracked across 15 jurisdictions. Compare them below

Company profiles that map to this rule

Companies whose SPI profile lists this rule in its regulatory exposure, based on where they report selling. Not company-reported.

SPI analysis

Overview

Chapter 431 of 2025 adds a producer responsibility subtitle to Title 9 of Maryland's Environment Article. Its stated purpose is a framework that cuts packaging and its impacts, raises recycling and recycled content, modernises the state's collection and processing system and reimburses local governments for recycling costs (§ 9-2502)1. The Governor approved SB 901 on 13 May 2025 and the Act took effect on 1 June 20252.

The Act builds on SB 222 of 2023, which led MDE to select Circular Action Alliance as the single nonprofit producer responsibility organisation on 18 October 20235. Producers may instead run an independent plan1.

The working rules sit in COMAR 26.04.14. MDE proposed them in the Maryland Register on 6 February 2026 and published the notice of final action on 15 May 20263; the September 2026 compliance guide gives the effective date as 25 May 20264. Because registration duties now apply, SPI's status for this Maryland record is being updated in the 13 October check, from adopted to in force.

Duties

Who must do what

Producer of packaging or paper products

  • Register by 1 July 2026 and by 30 June in each later year, listing brands, covered materials by registration category and the weight distributed in the prior calendar year, with a contact person and the annual fee (COMAR 26.04.14, as set out in the MDE guide)4.
  • Reduce packaging waste by not less than 25% within five years after the first plan is approved (§ 9-2505(C)(4))1.
  • From 29 October 2028, or a later date MDE identifies, sell or distribute covered materials only where an approved plan covers each material4.

Circular Action Alliance as the approved organisation

  • File an annual registration with MDE from 1 July 2026, with a record keeping fee capped at USD 1,000 (§ 9-2505(A)(2))1.
  • Submit the producer responsibility plan by 1 July 2028 and every five years, and reimburse at least 50%, 75% and 90% of local cost per ton from 1 July 2028, 2029 and 2030 (§ 9-2505)1.
Scope

Are you in scope?

Work through each question. The answers are the SPI team's reading of the sources cited.

  1. In your latest fiscal year, did your brand put 1 ton or more of covered material into Maryland and earn USD 2,000,000 or more worldwide?

    If yes
    You are a producer unless another exclusion applies (§ 9-2501)1.
    If no
    Falling below either threshold makes you a de minimis producer, outside the producer definition1.

  2. Are you the first party in the COMAR producer order for the item: own-brand manufacturer, licensee, brand owner, US importer, then first distributor?

    If yes
    You carry the duties for that item (COMAR 26.04.14.02B(25))4.
    If no
    Responsibility sits with the party higher in the order.

  3. Is it packaging for infant formula, medical food or certain FDA-regulated products, or packaging with a lifespan of at least five years?

    If yes
    It is exempt material under § 9-2501, as MDE determines1.
    If no
    The item stays in scope.

  4. Do you believe a listed producer exclusion applies to you?

    If yes
    Submit MDE's Exempt or Excluded Producer Determination Request (June 2026 version) and keep supporting evidence34.
    If no
    Register as a producer.
Checklist

Compliance checklist

  1. Fix the producer for each Maryland item

    By Now

    SPI analysis of the official text. Not legal advice; confirm with the text or counsel. Apply the COMAR 26.04.14.02B(25) order, the publisher rule for magazines and catalogues and the shipping packaging rule for online orders to each brand4.

    Evidence to keep A brand list showing the responsible entity and the test applied.

  2. Register or confirm registration

    By 30 June 2027 for the next annual cycle

    MDE's guide sets 1 July 2026 for initial registration and 30 June each year after; Circular Action Alliance asked members to register and report by 31 May 202645.

    Evidence to keep Registration confirmation and the weight data submitted.

  3. File the annual data report to the PRO

    By 31 May each year

    Report covered materials by category and weight to Circular Action Alliance on its annual cycle5.

    Evidence to keep Filed report with the method used to estimate weights.

  4. Budget for fees before reimbursement starts

    By 1 July 2028

    Reimbursement of local costs starts at 50% of cost per ton on 1 July 2028; CAA expects fee collection to begin earlier but has not set a date15.

    Evidence to keep Fee budget lines per year to 2030.

  5. Plan the 25% packaging reduction

    By Five years after first plan approval

    Map reduction options per brand against the § 9-2505(C)(4) duty1.

    Evidence to keep Baseline weights and a reduction plan.

  6. Check plan coverage before the sales prohibition

    By 29 October 2028

    Confirm every covered material sold into Maryland is under an approved plan by the date the MDE guide gives, or a later date MDE sets4.

    Evidence to keep Plan coverage matrix by material.

Enforcement

Enforcement and penalties

Who enforces
Maryland Department of the Environment
Powers
MDE issues written notices of violation and corrective action notices for late registration, including back payment and reporting, and may request an independent financial audit of a producer or the organisation4.
Enforcement so far
No enforcement action is listed on MDE's producer responsibility page as of 14 October 2026; MDE asks the public to report unregistered producers to its Resource Management Program3.

Penalties

BreachPenaltyLegal basis
First violation by a producerUSD 5,000 administrative penalty§ 9-2512, Environment Article, as added by Chapter 431 of 20251
Second violationUSD 10,000 administrative penalty§ 9-25121
Third or later violationUSD 20,000 civil penalty§ 9-25121
Organisation missing plan performance goalsup to USD 250,000 administrative penalty§ 9-25121

A penalty needs a written notice and no correction within 60 days; each day after that counts as a separate violation, and penalties go to the State Recycling Trust Fund14.

Connections

How it fits with other rules

  • Maine Stewardship Program for Packaging (EPR) PR-US-001
    Maine and Maryland both exclude producers under USD 2,000,000 in revenue or 1 ton of material. Maryland adds a 25% packaging reduction duty within five years of the first plan (§ 9-2505(C)(4)), so the same brand faces different design pressure in each state1.
  • Minnesota Packaging Waste and Cost Reduction Act PR-US-006
    Minnesota's plan is also due in 2028. Maryland ties its plan to five-year cycles and a 25% reduction duty, so data gathered for both states through 2027 should be kept by material category and by state1.
  • Washington Recycling Reform Act (SB 5284) PR-US-008
    Washington's market access date is 1 March 2029, four months after Maryland's 29 October 2028 sales prohibition date in the MDE guide. Both bar sales without coverage, so the Maryland date arrives first for brands selling on the East and West Coasts4.
Timeline

History of the rule

  1. Under SB 222 of 2023, MDE selects Circular Action Alliance as the single nonprofit producer responsibility organisation5.

  2. Governor approves SB 901 as Chapter 431 of 20252.

  3. Chapter 431 takes effect2.

  4. Notice of final action on COMAR 26.04.14, Maryland Register Vol. 53, Issue 10; the rules take effect 25 May 202634.

  5. Initial producer registration date in the MDE guide and first annual organisation filing under § 9-2505(A)(2)14.

  6. Today

  7. Producer responsibility plan due; reimbursement of at least 50% of local cost per ton begins15.

  8. Sales prohibition without an approved plan, or a later date MDE identifies4.

Questions

Questions

When must producers register under Maryland's packaging EPR law?

MDE's September 2026 guide sets 1 July 2026 for the first registration and 30 June for each later year. Circular Action Alliance asked its members to register and report by 31 May 2026, so the PRO deadline comes first in practice45.

Who counts as a de minimis producer in Maryland?

A producer that introduced less than 1 ton of covered material into Maryland, or earned global gross revenue under USD 2,000,000, in its most recent fiscal year. De minimis producers fall outside the producer definition in § 9-25011.

What are the penalties under SB 901?

Section 9-2512 sets USD 5,000 for a first violation, USD 10,000 for a second and a USD 20,000 civil penalty for a third or later one. The organisation can face up to USD 250,000 for missing plan performance goals, and penalties follow a written notice and 60 days to correct1.

When does the ban on selling without an approved plan start?

MDE's compliance guide gives 29 October 2028, or a later date the department identifies. The Act itself leaves the date to regulations, and the plan is due on 1 July 202814.

How much of local recycling cost will producers pay?

The Act sets reimbursement of at least 50% of cost per ton from 1 July 2028, 75% from 1 July 2029 and 90% from 1 July 2030 (§ 9-2505). Circular Action Alliance says fee collection will likely begin before July 202815.

Glossary

Definitions

Covered materials
Packaging and paper products sold, offered for sale, imported or distributed in the state (§ 9-2501(G)), excluding exempt materials1.1
De minimis producer
A producer that introduced less than 1 ton of covered material into the state or earned global gross revenue under USD 2,000,000 in the most recent fiscal year (§ 9-2501(J))1.1
Producer responsibility organization
A 501(c)(3) nonprofit created by producers to implement a plan (§ 9-2501(Q))1.1
Sources

Sources for this analysis

  1. Maryland General Assembly: Chapter 431 of 2025 (SB 901), enacted text Official · Consulted 14 October 2026
  2. Maryland General Assembly: SB 901 (2025 session) legislation page Official · Consulted 14 October 2026
  3. Maryland Department of the Environment: Producer Responsibility Regulator · Consulted 14 October 2026
  4. Maryland Department of the Environment: COMAR 26.04.14 Compliance Guide with FAQs (September 2026) Regulator · Consulted 14 October 2026
  5. Circular Action Alliance: Maryland Compliance scheme · Consulted 14 October 2026

Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.

Audit trail

Change history

Verified: a second SPI team member re-checked every fact above against the source on 14 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.

  1. Verified by a second SPI team member

  2. Changed: status, SPI summary, rate note

  3. Verified by a second SPI team member

  4. Added to the tracker

Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-US-007 and the source. Corrections are logged in this history.

Other jurisdictions

EPR rules elsewhere

The same type of rule for the same materials in other jurisdictions, by the date it applies.

RuleWhereTypeMaterialsStatusApplies from
Containers and Packaging Recycling ActPR-JP-002JapanEPRPlastic, Paper and board, GlassIn force1 April 1997
Packaging EPR (Resolution 1407 of 2018)PR-CO-001ColombiaEPRAll packagingIn force2 August 2018
Extended Producer Responsibility Regulations and paper and packaging schemePR-ZA-001South AfricaEPRAll packagingIn force5 May 2021
EPR Guidelines for plastic packaging (PWM Rules Schedule II)PR-IN-001IndiaEPRPlasticIn force16 February 2022
Reverse logistics recycling credit certificates (Decree 11.413/2023)PR-BR-001BrazilEPRAll packagingIn force14 April 2023
Packaging collection and recovery targets under Ley REP (DS 12/2020)PR-CL-001ChileEPRAll packagingIn force16 September 2023
Sustainable Waste Management (EPR) Regulations, 2024PR-KE-002KenyaEPRAll packagingIn force4 November 2024
Quebec modernized selective collection (EPR) systemPR-CA-006Quebec, CanadaEPRAll packagingIn force1 January 2025
UK packaging EPR regulations (pEPR) 2024PR-GB-002United KingdomEPRAll packagingIn force1 January 2025
Ontario Blue Box Regulation (O. Reg. 391/21) full producer responsibilityPR-CA-003Ontario, CanadaEPRPlastic, Paper and board, Metal, GlassIn force1 January 2026

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