EPR – Maryland

Maryland became the sixth state to adopt an EPR program when Gov. Moore signed SB 901 (Augustine) on May 13, 2025. It will be administered by the Office of Recycling in the Maryland Department of the Environment (MDE).

Related legislation in 2023 required formation of a Packaging Advisory Council (PAC) and mandated a statewide Recycling Needs Assessment (Needs Assessment). Circular Action Alliance was selected in October 2024 as the PRO which serves on this PAC. The Final Needs Assessment was published on Feb. 21, 2025.

Resources:

• 2025 Senate Bill 901 (Packaging and Paper Products – Producer Responsibility Plans​ Act) 
• Fiscal and Policy Note (Revised) – Overview of the final legislation prepared by legislative staff.
• MDE EPR Program website
• Members of the Packaging EPR Advisory Council
• Maryland Statewide Recycling Final Needs Assessment, February 21, 2025.

• The effective date of this law is June 1, 2025.

• The PRO must register annually starting July 1, 2026 noting participating producers and covered materials.
• The PRO is required to submit five-year plans starting July 1, 2028.
• Producer responsibility plans must be submitted by each producer to MDE for review and approval by July 1, 2028.
• After July 1, 2033 DEP may approve a nonprofit to serve as an additional PRO to increase recycling rates or improve recycling services.

“Producer” means the following people responsible for compliance with a producer responsibility plan:

For items sold in or with packaging sold at a physical location in MD:

1. If sold in or with packaging under the brand of the item manufacturer or if sold in packaging without brand identification, the producer is the item manufacturer;

2. If not above, the producer is the person licensed to manufacturer and sell or offer for sale to consumers an item with packaging under the brand or trademark of another manufacturer or person;

3. If not above, the producer is the brand owner of the item;

4. If not above within the US, the producer imports the product into the US for use in a commercial enterprise that sells, offers for sale or distributed the item in MD; or
5. If not above, the producer that first distributes the item in or into MD;

For items sold or distributed in packaging into MD via e-commerce, remote sale or online distribution:

1. For packaging used directly to protect or contain the item, the producer is a producer under item 1 of this paragraph, and
2. For packaging used to ship the item to a consumer, the producer is the person that packages the item to be shipped to the consumer;

For packaging not described above, the producer is the person that first distributes the item into MD.

Covered Products includes:

• “Beverage Container” means a prepackaged beverage container made of any material, including glass, plastic, metal or multimaterials in any form, including a bottle, can, carton, or pouch with a volume of less than 5 liters.
• “Covered Materials” means packaging and paper products sold, offered for sale, imported or distributed in MD.

Exempt Materials:

“Exempt Material” means packaging and paper for

1) infant formula,

2) medical food,

3) fortified oral nutritional supplements for patients with cancer, chronic kidney disease, diabetes, malnutrition or failure to thrive,

4) drug or medical devices regulated by FDA, including components and consumable medical equipment,

5) medical equipment or products used in medical settings,

6) drugs, biological products, parasiticides, medical devices, or in vitro diagnostics for animals regulated by FDA or US Department of Agriculture,

7) products regulated by EPA under Federal Insecticide, Fungicide and Rodenticide Act,

8) liquified petroleum gas that is designed to be refilled,

9) newsprint,

10) magazines with circulation less than 95,000 related to news and current events,

11) containing hazardous or flammable products under OSHA that prevents it from being recycled,

12) products subject to the paint stewardship program,

13) that a producer distributes to another producer used to contain a product which is distributed to a commercial entity and,

14) long-term protection or storage of a product with a life span of not less than 5 years.

Fees:

Starting July 1, 2026 and each year thereafter, each PRO shall register with and pay the Department a fee of up to $1,000 to cover the cost of record keeping.

How will the PRO determine fees to members?

The fee must be set in a manner to cover costs associated with

• (1) implementing the plan, including the administrative costs of a producer responsibility organization;
• (2) reimbursing service providers;
• (3) the administration, review, oversight, and enforcement of the plan by MDE; and
• (4) implementing the strategy in the plan for improving reuse, composting, and recycling in the State.

Additionally, the fee structure must be variable based on

• (1) costs associated with transporting, collecting, and processing covered materials;
• (2) an eco-modulation of fees, based on the recycled content of the covered materials; and
• (3) any other factor, as determined by MDE.

Reimbursements must cover at least 50% of the cost/ton by July 1, 2028, then 75% by 2029, and 90% by 2030 and each year thereafter.

Is there a bottle deposit law exemption in the EPR law? 

• Yes

The definition of “Beverage Container” excludes prepackaged containers covered under a beverage container deposit return program.

Does Maryland currently have a bottle deposit law?

• No

Is there a small producer exemption?

• Yes

Small Producer definition: 

• De minimis producers introducing less than one ton of covered material into MD or earning global revenues less than $2 million annually are exempt.

Will a Needs Assessment be conducted?

• In 2023, Governor Moore and the Maryland General Assembly enacted Senate Bill 222 Statewide Recycling Needs Assessment and Producer Responsibility for Packaging Materials, which established the EPR Advisory Council and mandated a statewide Recycling Needs Assessment.

Resources:

• Maryland Statewide Recycling Final Needs Assessment, February 21, 2025

Are there Post Consumer Recycled Content (PCRC) requirements in law?

• Percentages and goals to be proposed in PRO plan for each covered material.

Are there reusability requirements in the law?

• Reusability requirements to be proposed in PRO plan.

Are there packaging reduction requirements in the law?

• Percentages to be proposed in PRO plan.

Are there recycling rate targets included in the law?

• Performance rates for recycling to be proposed in PRO plan.

Are Large Producer Life Cycle Assessments required?

• No

First Offense:

• For a first violation, a PRO is subject to an administrative penalty of $5,000.

Second Offense:

• For a second violation, an administrative penalty of $10,000.

Third Offense:

• For a third or subsequent or third violation, a civil penalty of $20,000.

Maximum Penalty Allowed:

• A penalty may not be imposed on producers unless MDE first issues a written notice to the producer and the violation is not corrected within 60 days after receipt of the notice. After the 60-day period, each day of violation is a separate violation. If performance goals established in an annual report are not met, MDE may impose an administrative penalty up to $250,000 in the PRO.

Are any materials completely banned from use under the law?

• No