Maryland EPR

What is Maryland EPR packaging

Maryland adopted an Extended Producer Responsibility (EPR) framework for packaging through the Packaging Materials Producer Responsibility Act.

The law introduces a system where producers of packaging must finance and support recycling and waste management programs in the state.

The program is overseen by the Maryland Department of the Environment (MDE) and will be implemented through a Producer Responsibility Organization (PRO).

The goal is to:

• Improve recycling infrastructure
• Reduce packaging waste
• Shift recycling costs from municipalities to producers.

Does this apply to e-commerce & online sales

Yes.

Maryland EPR applies to e-commerce and online sales if packaging enters the Maryland market through shipped products.

This includes:

• Direct-to-consumer brands
• Online marketplaces
• Importers shipping products to Maryland customers.

Who is the "producer" under Maryland EPR

Under the Maryland EPR law, the producer is typically:

1. The brand owner whose name appears on the product
2. If the brand owner has no U.S. presence, the importer into the United States
3. If neither applies, the distributor or retailer

Only one entity must assume responsibility for the packaging.

Who must register for EPR packaging in Maryland

Producers that sell packaged products in Maryland must:

• Register with an approved Producer Responsibility Organization (PRO)
• Report packaging data
• Pay eco-fees based on packaging materials placed on the market.

Maryland EPR packaging registration threshold

Certain small producers may qualify for exemptions, typically based on:

• Annual revenue thresholds
• Low volumes of packaging placed on the market.

Specific thresholds and details will be defined in implementing regulations.

Packaging covered (and excluded)

Covered packaging

The Maryland program applies to many types of packaging, including:

• Primary packaging
• Secondary packaging
• Shipping and e-commerce packaging
• Plastic, paper, glass, and metal packaging.

Excluded packaging

Some packaging may be excluded, including:

• Medical packaging
• Hazardous material packaging
• Packaging regulated by federal law.

Producer Responsibility Organization (PRO)

A Producer Responsibility Organization (PRO) will administer the Maryland EPR system.

The PRO will:

• Collect producer data
• Calculate eco-fees
• Finance recycling programs
• Report compliance to regulators.

Producers will comply by joining the PRO rather than registering directly with the state.

EPR registration in Maryland

Producers must:

1. Join the approved PRO
2. Submit packaging data
3. Pay annual EPR fees

The PRO will manage reporting obligations to the state.

Authorized representative

Foreign producers selling into Maryland may need a U.S.-based entity or representative responsible for compliance with the EPR system.

What data must be reported

Producers will generally need to report:

• Packaging material type
• Weight of packaging placed on the market
• Packaging format or category
• Recyclability status.

This data will determine the producer’s eco-fees.

First reporting period

The first reporting periods will begin once the PRO system and regulations are finalized and implemented by Maryland authorities.

Companies should begin preparing packaging data in advance.

EPR reporting deadlines

The program will include:

• Initial producer registration
• Annual packaging data reporting
• Periodic fee payments

Exact deadlines will be defined in the implementation timeline.

Labels & marketing claims

Maryland EPR does not introduce a mandatory recycling logo for packaging. Producers selling into the state are expected to follow standard U.S. labeling practices, including the voluntary How2Recycle label system and FTC Green Guides requirements for any environmental marketing claims such as "recyclable" or "eco-friendly."

An example of what a label looks like on packaging sold in Maryland

This packaging shows How2Recycle labels commonly found on products sold in Maryland. Each label identifies disposal instructions per component: the Paper Box is recyclable curbside ("Recycle if Clean & Dry"), while the Plastic Bag requires store drop-off. The Paper Card is recyclable, while the Plastic Tray is not — consumers are instructed to separate components before disposal. The How2Recycle label is a voluntary standardized system widely adopted by U.S. brands; it is not mandated by Maryland law.

📎 Download the How2Recycle symbols:

•  PNG – best for digital use.
• SVG  - ideal for printing and scaling.

EPR eco fees & eco-modulation

Producers will pay eco-fees based on:

• Packaging weight
• Material type
• Recyclability
• Environmental impact.

More sustainable packaging may benefit from lower eco-fees through eco-modulation.

Risks, penalties & common mistakes

Non-compliance may result in:

• Financial penalties
• Enforcement actions
• Restrictions on selling products in the state.

Common mistakes include:

• Not identifying the correct producer
• Failing to report packaging data
• Misclassifying packaging materials.

What e-commerce sellers should do now

Online sellers shipping to Maryland should:

• Identify whether they qualify as a producer
• Track packaging materials used in shipments
• Monitor regulatory updates and PRO requirements
• Prepare packaging data for reporting.

FAQ

• Is Maryland EPR already active

The system is being implemented and will roll out in phases.

• Does this apply to online sellers

Yes, if packaging enters Maryland through shipped products.

• Is there a mandatory recycling logo

No. Maryland EPR focuses on producer reporting and financing recycling systems.