Governing Law
Fee Start
Late 2026, contingent on SO selection
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 in its pre-operational phase as of mid-2026: Maine DEP issued its Stewardship Organization (SO) selection RFP on June 15, 2026, but no SO has been selected yet and no fee clock has started. Note that Maine uses the term Stewardship Organization (SO), not PRO -- the Circular Action Alliance has stated its intent to respond to the RFP. Startup fees are expected in late 2026, contingent on SO selection and contract signing. Fees are due within 180 days of the SO contract.

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. SO not yet selected; 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 - eco-mod schedule pending SO selection

ℹ️
SPECULATIVE: Maine's eco-mod specifics are not yet established. Maine DEP issued the SO selection RFP on June 15, 2026 (no SO selected yet); startup fees expected late 2026; full program operational 2027-28. 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 its Stewardship Organization RFP on June 15, 2026 and its own tracker places the program at step four of nine, contracting with a Stewardship Organization. CAA has said it intends to respond.

Next milestone: SO proposals due August 3, 2026. DEP anticipates producer registration and invoicing beginning at the end of 2026, with 90 days to register once the selected SO opens its mechanism.

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 the SO selection RFP; CAA intends to respond
Late 2026
Startup fees expected once an SO contract is signed; payment is due within 180 days of that contract
2027–28
Full program operational if 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
Packaging required for hazardous materials regulated under separate federal/state programs excluded
Maine program is pre-operational (startup fees begin late 2026). Stewardship Organization not yet designated - final exemption details will be confirmed in the SO-approved stewardship plan.

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; the Stewardship Organization will confirm producer determinations once 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. The Circular Action Alliance has stated its intent to respond to the SO RFP, which DEP issued on June 15, 2026.
When do Maine EPR fees begin?
Startup fees are expected in late 2026, contingent on SO selection and contract signing. Fees are due within 180 days of the SO contract. DEP issued the SO RFP on June 15, 2026; an SO has not yet been selected, so the timeline remains subject to slippage.
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.