Governing Law
Fee Start
Not established; DEP is reassessing its start-up registration and invoicing dates after the RFP drew no bids
Max Penalty
DEP enforces (Chapter 428 final rules Dec 2024, amended Mar 2026)
Administering Agency
PRO / Administrator
De Minimis
<1 ton OR <~$2M revenue
Fees are not yet active. Amounts shown are projections based on Oregon's published 2025-26 rates at the Maine program multiplier (0.8x). Actual rates will be set when the program plan is approved.

Where the program stands, and when a fee clock could start

The program is still pre-operational and, as of August 2026, has no administrator at all. Maine DEP issued Stewardship Organization (SO) selection RFP-202605094 on June 15, 2026. It closed on August 18, 2026 at 4:00 p.m. with ZERO proposals submitted, and the Circular Action Alliance publicly declined to bid on August 19. DEP announced the result on August 20 and said it is assessing all options. Note that Maine uses the term Stewardship Organization (SO), not PRO. No SO means no fee clock, no registration mechanism and no producer obligation: registration only opens within 90 days of an SO making a mechanism available. Startup fees would be due within 180 days of an SO contract, but DEP has said it intends to reassess its anticipated dates for producer start-up registration and invoicing, so the previous late-2026 expectation no longer rests on anything.

The threshold, the transitional figure and the food carve-out

Maine's de minimis threshold is less than 1 ton OR less than $2,000,000 in total gross revenue in the prior calendar year, either condition alone granting full exemption (38 MRSA 2146(2)). A transitional $5,000,000 threshold applies from one calendar year after the DEP and stewardship organization contract takes effect until three years after that date. Maine also exempts every producer from its first 15 tons of packaging used for perishable food, which the statute defines to include bakery products, meat, poultry, seafood, dairy, shell eggs and fresh produce.

Fee Schedule by Material

Base rates before eco-modulation. Final fee = Tonnage x Rate x Eco-Modulation Multiplier. All amounts are projections; actual rates set upon program plan approval.

Material / Packaging TypeRate / Metric TonTier
Aluminum, cans $106 (est.) Tier 1
Clear PET (#1) $441 (est.) Tier 2-3
HDPE Natural (#2) $158 (est.) Tier 1
Steel $176 (est.) Tier 1
Uncoated Paper/Board $141 (est.) Tier 1
Corrugated $141 (est.) Tier 1
HDPE Pigmented (#2) $564 (est.) Tier 2-3
PP (#5) $670 (est.) Tier 4
Glass $176 (est.) Tier 1
LDPE Film / Mono-PE $758 (est.) Tier 4
PS Rigid (#6) $1,710 (est.) Tier 4
Expanded Polystyrene $2,434 (est.) Tier 4

Eco-Modulation Factors

○ SpeculativeProjected/estimated. Eco-modulation rules are not yet finalized in this state.

Source: LD 1541 (2021) / LD 1423 (2025) statute; Maine DEP Chapter 428. No SO selected (RFP drew no bids Aug 18, 2026); eco-modulated fee schedule not established (full eco-mod fees come in later years).

Eco-modulation adjusts fees based on packaging design and recyclability attributes.

Fee Reductions (Bonuses)

Recyclable-format credit (expected): not yet finalized PCR content incentive (expected) Reuse treatment (expected)

Fee Increases (Maluses)

Hard-to-recycle materials (expected): higher fee, not yet finalized

Multiplier floor: Not established - no SO exists to file a stewardship plan

SPECULATIVE: Maine's eco-mod specifics are not yet established. Maine DEP's SO selection RFP closed Aug 18, 2026 with zero proposals and CAA declined to bid, so no SO exists; startup fee timing and the operational date are no longer established. Specific factors and rates will be set later.

Program Plan Status

Signaled

Plan submitted: No. Maine uses the term Stewardship Organization rather than PRO, and none has been selected yet.

Agency approved: Not applicable until an SO is under contract.

Where it stands: DEP issued Stewardship Organization RFP-202605094 on June 15, 2026; it closed August 18, 2026 with zero proposals and CAA declined to bid. DEP announced this August 20 and is assessing all options. Its own tracker still places the program at step four of nine, contracting with a Stewardship Organization, where it has sat since December 2024.

Next milestone: The SO selection RFP closed August 18, 2026 with zero proposals and CAA declined to bid. DEP announced this August 20 and is assessing all options. It has said it intends to reassess its anticipated dates for producer start-up registration and invoicing, so the previous end-of-2026 expectation no longer holds. Producers still get 90 days to register once an SO opens a registration mechanism, and no SO exists.

Source: Maine DEP (July 2026); Sustainable Packaging Coalition (June 22, 2026); Bangor Daily News (July 20, 2026). Agency program page →

Reporting Deadlines and Key Dates

Jun 15, 2026
DEP issued SO selection RFP-202605094
Aug 18, 2026
RFP closed with ZERO proposals; CAA declined to bid Aug 19
Aug 20, 2026
DEP announced no bids and is assessing all options
May 31 (annual)
Producer reporting, on DEP's fixed annual calendar
Jul 1 (annual)
Producer invoicing
Sep 1 (annual)
Producer payment
Oct 1 (annual)
Municipal reimbursement
TBD
Startup fees would be due within 180 days of an SO contract; no SO exists after the Aug 18, 2026 RFP drew no bids
TBD
Full program operational if an SO is designated on the revised schedule

Covered Products Scope

Consumer-facing primary and secondary packaging, paper products (newspapers, magazines, catalogs, telephone directories).

Exemptions and Exclusions

The following categories may be fully or partially exempt from producer obligations in Maine. Verify applicability with the CAA producer portal or Maine DEP before excluding any materials from supply reports.

De Minimis (Small Producer)
<1 ton placed on market OR <~$2M global revenue (either qualifies)
B2B / Tertiary Packaging
Tertiary/transport packaging used exclusively B2B (never reaching consumers) excluded
Medical Device and Pharmaceutical
Packaging for pharmaceutical products and FDA-regulated medical devices excluded under Maine DEP rules
Hazardous Materials Packaging
No hazard-based exclusion exists. 38 MRSA 2146(1)(I) excludes only four things: five-year durable storage, beverage containers, architectural paint containers, and anything DEP excludes by rule. DEP's Chapter 428 adopts no hazardous exclusion. Its Appendix A instead makes hazardous packaging chargeable material types, including “HDPE (#2) containers for hazardous materials (flammable, corrosive, reactive, toxic)” and a separate metal pressurized-cylinder type.
Maine program is pre-operational and has no Stewardship Organization: the DEP RFP closed Aug 18, 2026 with zero proposals. Startup fee timing is no longer established. Final exemption details will be confirmed in the SO-approved stewardship plan, which cannot exist until an SO does.

Responsible Producer

Obligation follows a hierarchy: the brand owner whose brand is on the covered product; if the brand owner has no U.S. presence, the importer of record; if neither exists, the distributor or retailer that first sells the item into the state. Store-brand / private-label goods: the retailer whose brand appears is the producer. Licensed brands: the licensee that makes or sells is usually the producer unless the license assigns it.

ME: Same hierarchy; a Stewardship Organization would confirm producer determinations, but none has been selected. General framework; verify the statutory definition and your specific role before registering.

What You Report and Covered Materials

These attributes are the fee inputs, so instrument them at design time. CAA collects this once through its producer portal and maps it to each state you sell into; state-specific rules still apply. Retain supporting records (typically 3 to 5 years) to substantiate reports, exemptions, and credits.

Covered materials / recyclability list not yet published; expected with the SO program plan. Covered materials / recyclability list →

Design Levers: PCR, Source Reduction and Toxics

Signaled

PCR / recycled content: No packaging PCR or source-reduction mandate yet; the stewardship program is pre-operational.

Source reduction: No source-reduction mandate yet; lighter packaging will lower future tonnage-based fees.

Toxics / substance limits: Maine applies the Toxics-in-Packaging heavy-metals limit (100 ppm total of the four metals) and restricts PFAS in products; verify current foodware / packaging scope.

Sources: Maine Toxics in Packaging (38 MRS 1731 et seq.); Toxics in Packaging Clearinghouse member list (Maine is a member). Model the dollar impact of any design change in the EPR fee calculator; this is design guidance, not a fee estimate.

Statute and Rule Text

Statute: LD 1541 (2021), as amended, codified at 38 M.R.S. 2146. Read the statute →

Implementing rule: Chapter 428, Packaging Stewardship Program (06-096 C.M.R. ch. 428). Adopted December 2024 and amended in March 2026 to add the Appendix A packaging material types list. Read the rule →

Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.

Frequently Asked Questions

Does Maine use the term PRO for its program administrator?
No. Maine uses the term Stewardship Organization (SO), not PRO. Do not refer to Maine's administrator as a PRO. There is currently no SO of any kind: DEP's RFP-202605094 closed on August 18, 2026 with zero proposals and the Circular Action Alliance declined to bid on August 19.
When do Maine EPR fees begin?
There is no date. Fees would be due within 180 days of a Stewardship Organization contract, but DEP's SO selection RFP closed on August 18, 2026 with zero proposals and CAA declined to bid. DEP announced this on August 20, said it is assessing all options, and said it intends to reassess its anticipated dates for producer start-up registration and invoicing. Any late-2026 figure you see elsewhere predates that announcement.
What is Maine's de minimis threshold?
Less than 1 ton placed on the Maine market OR less than $2,000,000 in total gross revenue in the prior calendar year, either alone granting full exemption (38 MRSA 2146(2)). The figure is exact, not approximate. A transitional $5,000,000 threshold applies for three years starting one calendar year after the DEP and stewardship organization contract takes effect. Maine does not specify metric or short ton. Separately, every producer is exempt on its first 15 tons of packaging used for perishable food, a category that expressly includes bakery products, meat, poultry, seafood, dairy, shell eggs and fresh produce.
What level of supply report detail does Maine require?
Maine currently requires a simplified supply report covering estimated 2025 tonnage only, the least detailed of any enacted U.S. state. Oregon and Colorado require SKU/component-level detail.