A significant shift in how packaging waste is managed is underway in the United States, with Maryland and Washington recently becoming the sixth and seventh states, respectively, to enact Extended Producer Responsibility (EPR) laws for paper and packaging materials. These legislative moves signal a growing trend towards making “producers” (including manufacturers and distributors of cleaning products) financially and operationally responsible for the end-of-life management of their products. This development has important implications for ISSA members involved in the production, distribution, or use of cleaning products.

Maryland’s EPR Program (SB 901)

Maryland’s legislation establishes comprehensive producer obligations for packaging and paper products. The law defines “producers” as manufacturers, distributors, brand owners, licensees, or importers of packaged products.

Covered Materials:

• Packaging materials used to protect, contain, transport, or serve products for personal, non-commercial use
• Paper products made primarily from wood pulp or cellulosic fibers
• Notable exemptions include disinfectant packaging and hazardous products regulated under FIFRA and OSHA standards

Key Timeline:

• July 1, 2026: Producer registration required
• April 1, 2027: Responsibility plans must be submitted
• July 1, 2028: Reimbursement begins at 50% of recycling/composting costs
• July 1, 2030: Reimbursement increases to 90%

Washington’s Recycling Reform Act

Washington’s EPR framework similarly shifts responsibility to producers while establishing additional infrastructure improvements.

Key Features:

• Broad definition of “producer” including manufacturers, distributors, brand owners, and importers
• Similar packaging coverage with exemptions for disinfectants and hazardous materials
• Mandatory statewide recycling list creation
• Required curbside recycling services where trash collection exists
• Producer Responsibility Organization (PRO) to oversee program implementation

Industry Implications

These EPR laws reflect a national trend toward sustainable packaging management with three primary goals:

1. Incentivizing Sustainable Design: Producers bear end-of-life costs, encouraging recyclable and reusable packaging
2. Improving Recycling Rates: Financial responsibility shifts create more efficient recycling systems
3. Standardizing Recycling: Uniform standards reduce consumer confusion and contamination

For cleaning product manufacturers and distributors, these laws require careful examination of packaging choices, supply chain impacts, and new compliance responsibilities. Companies qualifying as “producers” under state definitions must understand specific requirements in each jurisdiction.

The expansion of EPR legislation signals a fundamental transformation in packaging waste management, with producers assuming greater financial and operational responsibility for their products’ lifecycle. As more states consider similar legislation, businesses must stay informed about evolving regulations and adapt their packaging strategies accordingly.

ISSA is updating our current EPR guidance document to help members navigate these changing requirements and ensure compliance with emerging EPR frameworks.

For more detailed information, members can contact Meché C. Ragland