If your company ships products in packaging — boxes, mailers, film, pouches, void fill, or even the hang tags on a garment — 2026 is the year EPR packaging laws start costing you real money. Extended Producer Responsibility (EPR) rules are no longer a European or Canadian concept being watched from across the ocean. They are now live, or about to go live, in a growing list of US states, and the fees are calculated on the packaging itself — not on your revenue. For US businesses, that means a new line item on the annual compliance ledger, a new registration deadline, and a new reason to rethink how they buy packaging.
This guide breaks down what EPR packaging 2026 means for US businesses: which states are collecting fees, who has to register and pay, how the fee formulas work, and — most importantly for procurement teams — how switching to reusable bags can directly reduce your annual packaging bill. Because in several of these programs, packaging designed to be reused is treated far more favorably than single-use packaging. That is not marketing spin; it is written into the fee schedules.
What Is EPR Packaging, and Why Is It Here in 2026?
Extended Producer Responsibility shifts the financial and operational burden of managing packaging waste from local governments and taxpayers onto the producers who put that packaging on the market. Instead of municipalities paying to collect, sort, and recycle cardboard, film, and containers, producers fund those systems through per-tonne (or per-unit) fees. The logic is simple and well documented: if producers pay for the end-of-life of their packaging, they have an incentive to design packaging that is lighter, more recyclable, and easier to manage.
While the US has no single federal packaging law, state-level programs are compounding quickly. According to the nonprofit policy tracker Packaging Dive, Maine passed the first US packaging EPR law in 2021, and the cascade has continued with Oregon, Colorado, Minnesota, California, and Maryland enacting their own programs. The year 2026 matters because it is when several of those programs move from registration and reporting into actual fee collection — the point where compliance stops being paperwork and starts showing up on your balance sheet.
Key distinction: EPR fees are based on the weight and type of packaging you place on the market, not on your company’s revenue. A small brand shipping lightweight plastic film can still owe a meaningful annual bill, while a larger company shipping heavy, highly recyclable materials may owe less per tonne.
2026 State-by-State Timetable and Fee Snapshot
Not every state is at the same stage. Some are collecting fees today, some are in registration windows, and some are still finalizing rules. Here is the practical 2026 landscape, based on publicly available program updates from the Circular Action Alliance (the producer responsibility organization running most of these programs) and state agency filings.
Oregon — Fees Begin
Oregon’s Recycling Modernization Act has been the early mover. Producers began registering through the Circular Action Alliance in 2025, and the first producer fees are being assessed as program costs are finalized for 2026. Oregon is a useful model because its fee schedule already differentiates strongly between materials, with non-recyclable and film materials charged at higher rates per tonne than rigid, easily recycled plastics.
Colorado — Registration and Reporting Accelerate
Colorado’s Producer Responsibility Program for Statewide Recycling has producers registering and reporting packaging data, with producer fees being developed for collection as the state’s recycling infrastructure comes online. For many brands, Colorado is where the “is this real?” question ends — reporting obligations are enforceable, and non-compliance carries penalties under state law.
Minnesota — Registration Opens, Fees Follow
Minnesota’s Packaging EPR law took effect in 2025 and is now in its producer registration phase, with fees scheduled to follow once the program’s cost framework is finalized. Its law is notable for broad packaging coverage and an explicit emphasis on source reduction targets.
California — The Giant Coming Into Focus
California’s SB 54 framework is the largest in the country. While full fee collection is phased toward 2027 and beyond, 2026 is when many producers begin the data reporting and planning obligations that will determine their future bills. If you sell into California — and almost every US brand does — the tracking systems you set up in 2026 are what your 2027+ fees will be built on.
Maine, Maryland and Beyond
Maine, the pioneer, continues refining its program. Maryland’s packaging EPR law is moving through implementation. Several other states, including New York, Illinois, and New Jersey, have active legislative efforts, meaning the state count will keep climbing. For procurement teams, the takeaway is that EPR is not a single-state problem to solve once — it is a rolling obligation that needs a packaging strategy robust enough to scale.
| State | 2026 Status | Who Pays | Key Driver |
|---|---|---|---|
| Oregon | Fees being assessed | Producers placing packaging on the market | Recycling Modernization Act |
| Colorado | Registration & reporting | Producers / brand owners | Producer Responsibility Program |
| Minnesota | Registration opens | Producers | Packaging EPR law |
| California | Reporting / planning | Producers (fees phased to 2027+) | SB 54 |
| Maine | Program in operation | Producers | First US packaging EPR law |
| Maryland | Implementation | Producers | Packaging EPR law |
Fee rates change as programs publish final cost frameworks. Always verify current numbers for your specific state and packaging mix against the Circular Action Alliance and your state’s environmental agency before budgeting. This table reflects the general 2026 regulatory posture, not a substitute for a compliance review.
Who Must Register and Pay (and Who Gets a Break)
Across the active programs, the “producer” obligated to register and pay is generally the entity that sells, offers for sale, or distributes the product that the packaging protects — typically the brand owner or, in some cases, the first importer or distributor in the state. If you are a US business importing custom bags, retail packaging, mailers, or shipping supplies from overseas, you generally sit in the obligated chain, either as the brand owner on the packaging or as the distributor who first places it into that state’s market.
The obligations break down into three clear buckets:
- Registration. Producers must register with the producer responsibility organization (in most states, the Circular Action Alliance) and pay an annual registration fee before the program year.
- Reporting. Producers report the weight and material type of packaging they placed on the market, typically annually. This data drives the fee calculation.
- Fee payment. Producers pay per-tonne (or per-unit) fees based on their reported packaging, with rates varying by material, recyclability, and format.
Which Packaging Triggers Obligation
Obligated packaging generally includes primary packaging (what holds the product), secondary packaging (what groups it), and often tertiary/shipping packaging (boxes, film, mailers used to ship to the end consumer). Reusable and refillable packaging is frequently carved out or heavily discounted because it does not enter the single-use waste stream.
Notably, several programs exempt or reduce fees for packaging that is reusable by design or that meets high recyclability standards. This is the single most important lever for procurement teams, because it means the choice between single-use and reusable packaging is not just a sustainability decision — it is a direct cost decision.
Reusable Packaging Exemptions in EPR Laws
The reason “reusable” matters so much in EPR packaging 2026 is that most state programs were written with source reduction and reuse baked into the fee logic. When a package is designed to be used many times — like a durable reusable shopping bag, tote, or mailer — it is materially different from a single-use item that is disposed of after one trip. Several programs reflect this by:
- Reduced or zero per-unit fees for packaging formats that are reusable and do not enter the single-use waste stream.
- Weight exemptions where a durable bag counted once against reporting thresholds carries none of the per-trip burden of thousands of single-use units.
- Fee schedule differentiation, where single-use film and non-recyclable materials sit at the highest rates, and reusable formats sit at the lowest.
How Reusable Bags Lower Your Annual Packaging Bill
For US businesses in retail, grocery, food service, hospitality, and e-commerce, reusable bags are the most practical and visible way to act on EPR packaging 2026. Here is how the math and the compliance logic work together.
1. Fewer Units in the Waste Stream Means Fewer Fee-Generating Units
A single-use plastic bag is one unit of packaging that is disposed of after one use. A durable reusable bag is designed for dozens or hundreds of trips. When you report your annual packaging volume to the producer responsibility organization, replacing single-use units with durable reusable units shrinks your reported fee-generating volume dramatically — even before any explicit reusable discount applies.
2. Material Choice Moves You to Lower-Rate Tiers
Fee schedules typically charge the highest rates on hard-to-recycle and single-use materials. Durable, widely recyclable materials — and especially reusable formats that many programs treat as exempt or discounted — sit in a far cheaper tier. Choosing the right material is therefore a direct compliance decision.
3. One Investment, Many Uses
From a total-cost-of-ownership view, the reusable bag replaces a recurring line of single-use spend. For a grocery or retail chain, the switch changes both the procurement line item and the EPR fee line item at once. Because reusable programs involve fewer, higher-value units, they are also far easier to track, report, and audit than millions of individual single-use items — and cleaner data means less exposure to the penalties that come with under-reporting.
| Consideration | Single-Use Plastic Packaging | Reusable Bags |
|---|---|---|
| Units placed on market | Thousands per year | A fraction per year |
| EPR fee position | High-rate tier | Lower / exempt tier |
| Reporting burden | High (many units) | Low (fewer units) |
| Per-use cost over lifetime | Recurring | One-time, amortized |
Which Reusable Bags Fit an EPR-Aware Strategy
Not all reusable bags are equal from a compliance or cost standpoint. For US businesses planning around EPR packaging 2026, these are the categories that make the strongest case in a procurement review:
Non-Woven Polypropylene (PP) Reusable Bags
The workhorse of the retail and grocery switch away from single-use plastic. Non-woven PP bags are durable, printed, and — depending on the program and material specifications — can sit in a favorable EPR position because they replace hundreds of single-use units. For high-volume retail, grocery, and promotional programs, our non-woven reusable shopping bags are engineered for repeated daily use.
RPET Recycled Grocery Bags
For businesses that want to signal strong sustainability credentials, bags made from recycled PET thread on the circular economy narrative while delivering the durability a reusable format needs. Made from recycled content and built to be reused, they align well with both consumer expectations and the source-reduction logic of EPR. Explore our RPET recycled grocery bags for a high-touch, recyclable-material option.
Grocery Bag Sets and Multi-Pack Programs
For supermarkets and grocery chains migrating their whole front-of-store footprint off single-use, coordinated bag sets give shoppers a consistent, reusable system — which drives real repeat usage rather than a one-off giveaway. A coordinated set program is also easier to track for reporting. See our grocery bag sets for structured multi-bag programs.
Organic Canvas Totes
For premium retail, hospitality, and corporate programs where the bag is also a brand statement, organic canvas totes are the durable, premium end of the reusable spectrum. Their long lifespan maximizes the “many uses per unit” math that makes reusable packaging attractive under EPR. Browse our organic canvas totes for durable, brandable options.
Your 2026 Procurement Action Checklist
If you are a US business that ships, bags, or packages products, use this checklist to get ahead of EPR packaging 2026 before the registration window closes.
- Confirm your obligated states. Identify every state where you sell or distribute products, then check that state’s packaging EPR status. Verify with the Circular Action Alliance and state agency pages rather than assuming.
- Register early. Late registration typically means late fees and potential penalties. If Oregon, Colorado, or Minnesota applies to you, treat registration as a hard deadline, not a suggestion.
- Audit your packaging mix. Catalog every packaging type by weight and material, and flag which are single-use versus reusable. This is the data your reporting will be built on.
- Identify high-fee items. Single-use film, non-recyclable plastic, and hard-to-recycle formats are the ones costing you the most per tonne. These are your first replacement targets.
- Model a reusable switch. Estimate the fee-generating volume you would remove by switching high-volume single-use items to reusable bags. Run the numbers before you commit to a supplier.
- Design for reuse and auditability. Choose durable, brandable bags with clear specs so your reporting is simple and your per-unit fee exposure is minimized.
- Ask your bag supplier the right questions. Whether you are switching to non-woven, RPET, canvas, or a full bag-set program, confirm material specs, durability, print quality, and compliance documentation with your factory before ordering. Our B2B bag procurement checklist walks through the fifteen questions that separate a compliant, durable program from a costly mistake.
- Document everything. Keep clean records of what you placed on the market, by weight and material, for every program year. Accurate records are your best defense in an audit.
Act Now — EPR Fees Are Coming Either Way
The state count behind EPR packaging keeps climbing, and the programs already live are moving into fee collection. Whether your 2026 bill is large or small depends less on whether the law exists and more on the choices you make now about packaging design and materials. Reusable bags sit at the intersection of the smartest moves you can make: they reduce single-use waste, they lower your reported fee-generating volume, they are easier to audit, and they strengthen the sustainability story your customers actually see and touch.
Procurement teams that treat EPR as a cost to minimize — rather than a compliance checkbox to tolerate — will come out ahead on both the balance sheet and the brand. If you are ready to model a reusable bag program, request a custom bags inquiry or browse our wholesale product range to see which reusable formats fit your 2026 packaging plan.
