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Maryland Packaging EPR Law: Producer Compliance Guide

Maryland's SB 901 (Ch. 431 of 2025), Environment, Packaging Materials and Paper Products, Producer Responsibility Plans, runs through a single approved PRO, the Circular Action Alliance (Md. Envir. 9-2502(a)); additional PROs may be designated only on or after July 1, 2033 (9-2505).

Facts on this page were last verified against primary sources on October 8, 2026. The EPR Atlas is re-checked weekly, and this stamp moves only when a verification pass runs.

Governing Law
SB 901 (Ch. 431 of 2025) - Environment, Packaging Materials and Paper Products, Producer Responsibility Plans; Md. Envir. Title 9, Subtitle 25
Fee Start
No producer fee start date set; the first reimbursement floor is Jul 1, 2028 (Md. Envir. 9-2505(e)(1)(ii)), and PRO registration fees pass to members now (COMAR 26.04.14.07C(2))
Max Penalty
$5,000–$20,000 per violation
Administering Agency
Maryland MDE
PRO / Administrator
Circular Action Alliance (single approved PRO; additional PROs possible only from Jul 1, 2033)
De Minimis
<1 ton OR <$2M global revenue
Fees are not yet active in Maryland, and no program fee schedule has been published.

The reimbursement ramp and the July 1, 2026 PRO filing

First implementing regulations took effect May 25, 2026. Maryland's program sets a reimbursement ramp: service providers must be reimbursed at rates of at least 50% of the cost per ton on or before July 1, 2028, at least 75% on or before July 1, 2029, and at least 90% on or before July 1, 2030 (Md. Envir. 9-2505(e)(1)(ii)). The July 1, 2026 date is a CAA obligation to MDE (submission of the producer/brand/material list).

Where the May 31 date comes from

Maryland's producer registration and Interim Producer Report (simplified reporting categories) deadline was May 31, 2026, a program date CAA set, and COMAR 26.04.14 fixes no May 31 date.

Fee Schedule by Material

No program fee schedule has been published for Maryland yet, so this page shows no per-material rates. The fee calculator shows a projection for Maryland, estimated from Oregon’s 2026 rates and labeled as an estimate.

Eco-Modulation Factors

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

Source: SB 901 (2025) + first MDE regulations effective May 25, 2026. Eco-mod required by statute; factor schedule not yet established.

In Oregon this cycle, eco-modulation is three voluntary LCA bonuses, A, B, and C.

Fee Reductions (Bonuses)

Recyclable-packaging credit (expected): lower fee, not yet finalized PCR content discount (expected)

Fee Increases (Maluses)

Non-recyclable / no-market materials (expected): higher fee, not yet finalized

Multiplier floor: Not established - rules in development

SPECULATIVE for eco-mod. Maryland approves a single PRO, CAA (9-2502(a)); additional PROs possible only from Jul 1, 2033 (9-2505). Cost-share ramp 50% (2028) / 75% (2029) / 90% (2030). Statute requires eco-modulated fees (more for materials lacking a recycling market), but specific factors/rates are not yet established.

Program Plan Status

Signaled

Plan submitted: No producer responsibility plan has been filed publicly yet.

Agency approved: Not applicable yet.

Where it stands: Regulations are final. COMAR 26.04.14 was proposed February 6, 2026 (53:3 Md. R. 129), adopted May 5, 2026 (notice of final action published May 15, 2026, 53:10 Md. R. 455) and took effect May 25, 2026. MDE has posted a compliance guide and an exempt producer determination form.

Next milestone: The statutory deadline for the producer responsibility plan filing is July 1, 2028 (Md. Envir. 9-2505(b)(1)). The MDE Packaging and Paper Products Advisory Council met on September 10, 2026 (Meeting 30), and CAA's September 29, 2026 newsletter listed the next meeting for October 8, 2026; MDE's program page posted no date for it, and MDE announces meetings through its email list.

Source: Maryland Department of the Environment; COMAR 26.04.14 (effective May 25, 2026). Agency program page →

Reporting Deadlines and Program Dates

May 25, 2026
First implementing regulations effective
May 31, 2026
Producer registration and Interim Producer Report (simplified reporting categories) due (CAA-set date); COMAR 26.04.14 fixes no May 31 date
Jul 1, 2026
PRO files its MDE registration listing participating producers, brands, and covered materials by weight, and pays the annual registration fee (COMAR 26.04.14.07A(1)(a)). An IPP-route producer files its own registration and fee with MDE on this date (.07A(1)(b)); a PRO member reports to its PRO instead, on the PRO-set date (.07A(2))
Oct 8, 2026
Packaging and Paper Products Advisory Council meeting, 9 to 11 a.m. ET, open to the public with time for comment (CAA newsletter, Sep 29, 2026; MDE does not post the date)
Jun 30, 2027
Recurring annual registration deadline. COMAR 26.04.14.07A(1) sets it as beginning July 1, 2026 and each year thereafter, by no later than June 30
Jul 1, 2027
MDE must develop a statewide list of covered materials determined to be recyclable or compostable through curbside recycling programs (Md. Envir. 9-2508(a)(1)). The statute sets no publication date
Jul 1, 2028
Producer responsibility plans due: each producer, individually or through a PRO, submits a plan to MDE on or before July 1, 2028 and every 5 years after (Md. Envir. 9-2505(b)(1)). For producers not joining a PRO, COMAR 26.04.14.10C sets the IPP date as July 1, 2028 or a later date the Department identifies. Also the first reimbursement floor: at least 50% of the cost per ton (Md. Envir. 9-2505(e)(1)(ii))
Oct 29, 2028
No producer may sell, offer for sale, distribute, or import covered materials for use in Maryland without a Department-approved responsibility plan on file. The regulation sets this date or a later date identified by the Department, so it can move (COMAR 26.04.14.10B)
Jul 1, 2029
Reimbursement floor rises to at least 75% of the cost per ton (Md. Envir. 9-2505(e)(1)(ii))
Jul 1, 2030
Reimbursement floor rises to at least 90% of the cost per ton (Md. Envir. 9-2505(e)(1)(ii))

Program Notes

Single-PRO system: Md. Envir. 9-2502(a) directs MDE to approve a single PRO, and additional PROs may be designated only on or after Jul 1, 2033 (9-2505); CAA is the approved PRO. First implementing regulations effective May 25, 2026 (producer registration focus). Reimbursement ramp: service providers must be reimbursed at rates of at least 50% of the cost per ton on or before Jul 1, 2028, at least 75% on or before Jul 1, 2029, and at least 90% on or before Jul 1, 2030 (Md. Envir. 9-2505(e)(1)(ii)). An annual registration fee is payable to MDE at registration; COMAR 26.04.14.07C(1) sets it to cover MDE's record keeping (that component not to exceed $1,000), the costs of the 9-2508 list and of regulations, and from 2028 service-provider registration, and no total amount is published; COMAR 26.04.14.07C(2) caps what a PRO may charge its member producers collectively at the amount the PRO itself pays MDE.

Covered Products Scope

Covered packaging materials (all consumer-facing packaging types) and paper products. MDE must develop a statewide list of recyclable or compostable covered materials by Jul 1, 2027 (Md. Envir. 9-2508(a)(1)); no publication date is set. Exempt materials include primary packaging for FDA-regulated drugs, medical devices, and medical equipment, and primary packaging for OSHA-regulated hazardous or flammable products where the Department determines the packaging cannot be waste reduced or made reusable, recyclable, or compostable (COMAR 26.04.14.02B(16)). Secondary and tertiary packaging for these products is not exempt, because each of these exemptions reaches primary packaging only.

Exemptions and Exclusions

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

De minimis (small producer)Out of scopeAutomatic by law
<1 ton placed on Maryland market OR <$2M global revenue (either qualifies).
COMAR 26.04.14.02B(14)
Government and nonprofitEntity-side reliefAutomatic by law
A state, federal or state agency, political subdivision, or other governmental unit at (i), and a registered 501(c)(3) or 501(c)(4) organization at (ii), are outside the producer definition.
Md. Code Envir. 9-2501(p)(2)(i) and (ii)
Paper and wood-fiber millsEntity-side reliefAutomatic by law
The same two categories as Minnesota, in the same order: a mill that uses any virgin wood fiber at (iv), and a paper mill producing container board from 100 percent postconsumer and nonpostconsumer recycled content at (v).
Md. Code Envir. 9-2501(p)(2)(iv) and (v)
Restaurant and single-location retailEntity-side reliefAutomatic by law
(vi) an entity owning or operating a restaurant, food cart, or similar establishment headquartered in Maryland and meeting the further conditions in the subparagraph, and (vii) a single retail establishment with no online sales that is not supplied or operated as part of a franchise or chain. An out-of-state chain does not meet the in-state headquarters requirement in (vi).
Md. Code Envir. 9-2501(p)(2)(vi) and (vii)
Beverage manufacturer volume testNo provision
No raised volume threshold for beverage manufacturers. Oregon is the only state of the seven with one, and the ordinary de minimis test applies here instead.
Md. Code Envir. 9-2501(j) and (p)(2)
Alcohol licenseeEntity-side reliefAutomatic by law
The only direct alcohol carve-out in any of the seven states. An entity that (1) is licensed under Title 2 of the Alcoholic Beverages and Cannabis Article AND (2) generated less than $10,000,000 in gross revenue during the immediately preceding calendar year is outside the producer definition. Both conditions are required. The license is a Maryland Title 2 license, so an out-of-state producer shipping in does not satisfy it whatever its size, and the $10M is not limited to Maryland revenue, since the text says gross revenue without qualification where the de minimis test at (j)(2) says global expressly.
Md. Code Envir. 9-2501(p)(2)(viii)
B2B and transport packagingOut of scopeAutomatic by law
The main test is the packaging definition itself, and it carries an express empty-packaging carve-out. .02B(21)(a): packaging is material that facilitates delivery of a product 'sold or supplied with the product to the consumer for personal, noncommercial use'; (21)(b)(i) includes 'primary, secondary, and tertiary packaging intended for the consumer market'; and (21)(c): 'Packaging does not include packaging that is sold as a product that is empty at the time of sale.' So B2B transport packaging is out because it is not packaging, and a converter selling empties is out by express text. A separate three-part exemption at .02B(16)(m) follows the Minnesota and Washington structure but drops their condition that the product go to a business for the production of another product, so it reaches any product distributed to an industrial, commercial, or institutional business and not introduced beyond the business that first received it, and unlike most of the Maryland list it is not limited to primary packaging.
COMAR 26.04.14.02B(21) and .02B(16)(m)
Hazardous or flammable (OSHA HazCom)ConditionalAgency determination
Primary packaging only, and conditional. The exclusion reaches primary packaging containing OSHA Hazard Communication Standard products, but only where the hazard prevents the packaging from being waste reduced or made reusable, recyclable, or compostable, “as determined by the Department”. In its Response to Comments MDE stated that, at this time, the criteria is OSHA HazCom regulation and no additional standard has been identified as a basis for exemption, and it declined industry requests to add a DOT basis, so the test is stated even though no product-level determination has been published. Because the row says primary, hazmat outer cartons stay covered whatever happens to the primary container. Producers claim it with supporting documents, and exemptions expire and must be renewed.
COMAR 26.04.14.02B(16)(k); claim route at Reg. .09 and Envir. Art. 9-2508
DOT dangerous goodsNo provision
No DOT-based exclusion, and this is a deliberate choice rather than an omission: industry commenters asked MDE to add a DOT basis to the hazardous exclusion, and MDE left the text unchanged, stating that additional standards “have not been identified as a basis for exemption at this time.”
COMAR 26.04.14.02B(16)(a) to (n); MDE Response to Comments
Refillable LPG and pressurized containersOut of scopeAutomatic by law
“Primary packaging used to contain liquefied petroleum gas and designed to be refilled.” It must be refillable, and it is primary packaging only, so an outer carton or shrink-wrapped pallet of cylinders is not excluded. Maryland is the only one of the four LPG states to add the primary limit; Oregon, Minnesota, and Washington do not.
COMAR 26.04.14.02B(16)(h)
Pesticides (FIFRA)Out of scopeAutomatic by law
Primary packaging for products regulated by EPA under FIFRA. Primary only, so secondary and tertiary FIFRA packaging stays covered. Colorado, California, Minnesota, and Washington apply no such limit.
COMAR 26.04.14.02B(16)(g)
Beverage containers and deposit programsConditionalAutomatic by law
A carve-out exists but is dormant. The regulation excludes a prepackaged beverage container that is covered under a legislatively-mandated beverage container deposit return program in the State, and Maryland has enacted no deposit law, so today beer, soda, wine, and spirits containers are all covered materials. The alcohol relief Maryland does give is entity-side and sits in the producer definition; see the alcohol licensee row. CORRECTED 2026-09-16: this entry previously said no beverage-container provision existed.
COMAR 26.04.14.02B(3)(b) and .05B(2)
Medical, drug, and deviceOut of scopeAutomatic by law
Six subsections covering infant formula, medical food, fortified oral nutritional supplements and enteral food, FDA-regulated drugs and medical devices, medical equipment used in medical settings, and animal drugs and biologics. Every one begins “Primary packaging”, so the shipper and the shelf carton around an exempt drug remain covered materials in Maryland. Minnesota's equivalent list carries no such limit.
COMAR 26.04.14.02B(16)(a) to (f)
AgriculturalNo provision
No agricultural exclusion, material-side or entity-side.
COMAR 26.04.14.02B(16)(a) to (n)
Paint stewardship containersOut of scopeAutomatic by law
Primary packaging for products subject to the Paint Stewardship Program under Environment Article, Title 9, Subtitle 17, Part V. Primary only.
COMAR 26.04.14.02B(16)(l)
Long-term storage, five yearsConditionalAgency determination
Packaging used for the long-term protection or storage of a product with a lifespan of not less than five years, “as determined by the Department.” The definition at .02B(16)(n) is not limited to primary packaging, but the packaging list at .05B(1)(l) begins “Primary packaging”, so the two texts differ. California carries the same determination condition; Colorado and Maine do not.
COMAR 26.04.14.02B(16)(n)
Commercial recycling routeNo provision
No commercial-recycling-route or high-recycling-rate exit.
COMAR 26.04.14.02B(16)(a) to (n)
Construction and contractorsNo provision
No construction exclusion. Washington excludes bulk construction materials and Colorado exempts the builder as a producer; Maryland does neither.
COMAR 26.04.14.02B(16)(a) to (n)
Agency catch-allNo provision
No open-ended agency catch-all in the exempt-material definition, so the exclusion list can only be widened by rulemaking that amends it. The live uncertainty in Maryland is the statewide covered materials list, due from MDE by July 1, 2027, not the exclusion list.
COMAR 26.04.14.02B(16)(a) to (n)
Maryland is in ramp-up. The exempt-material list is adopted and effective May 25, 2026, but the statewide covered materials list is not due from MDE until July 1, 2027, so which materials carry a fee is not yet fixed. READ THE FIRST TWO WORDS OF EVERY ROW: ten of the fourteen exempt materials in COMAR 26.04.14.02B(16) begin “Primary packaging”, so secondary and tertiary packaging around an otherwise exempt product stays covered. The four that do not are newsprint at (i), small-circulation magazine paper at (j), the industrial-input item at (m), and long-term packaging at (n), and the packaging list at .05B(1)(l) words the long-term item as primary packaging.

Responsible Producer

Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that makes or sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item into the state. The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in two states. In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)).

MD: Standard hierarchy; MDE guidance still in development. 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 they are best captured at design time. CAA collects this once through its producer portal and maps it to each state a producer sells into, and state-specific rules still apply. Retain supporting records for at least 5 years, the minimum COMAR 26.04.14.09B sets, to substantiate reports, exemptions, and credits.

MDE to develop the statewide covered materials list by July 1, 2027 (Md. Envir. 9-2508(a)(1)); no publication date is set. Covered materials / recyclability list →

Design Levers: PCR, Source Reduction, and Toxics

Signaled

The producer responsibility plan, due July 1, 2028, must set goals for each covered material type that include the percentage of postconsumer recycled content covered materials must contain (Md. Envir. 9-2505(c)(1)(iii)), and fees must be higher for low recycled content and discounted for high recycled content (9-2505(e)(3)(ii)). No percentage is set yet.

The same plan goals include the percentage of covered materials to be waste reduced (9-2505(c)(1)(iii)); none is set yet, and lighter packaging will lower future tonnage-based fees.

Maryland applies the Toxics-in-Packaging heavy-metals limit (100 ppm total of the four metals); verify any PFAS food-packaging restrictions.

Sources: Maryland Toxics in Packaging; Toxics in Packaging Clearinghouse member list (Maryland is a member). The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.

Statute and Rule Text

Statute: SB 901 (Ch. 431 of 2025), Environment, Packaging Materials and Paper Products, Producer Responsibility Plans, codified at Md. Envir. Title 9, Subtitle 25. Read the statute →

Implementing rule: COMAR 26.04.14. Notice of final action published May 15, 2026 (Md. Reg. 53:10); effective May 25, 2026. Read the rule →

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

Frequently Asked Questions

What is the July 1, 2026 deadline in Maryland?
For most producers July 1, 2026 is a PRO obligation, not a producer deadline: CAA files its registration with MDE listing its participating producers, brands, and covered materials (COMAR 26.04.14.07A(1)(a)). The exception is a producer seeking approval through an Individual Producer Plan instead of a PRO, which files its own registration and fee with MDE by that date (.07A(1)(b)). Maryland's producer registration and Interim Producer Report (simplified reporting categories) deadline was May 31, 2026, a program date CAA set, and COMAR 26.04.14 fixes no May 31 date.
When do Maryland EPR fees begin?
Maryland sets no producer fee start date in statute. Its first marker is a service-provider reimbursement floor: at least 50% of the cost per ton on or before July 1, 2028, rising to at least 75% by July 1, 2029 and 90% by July 1, 2030 (Md. Envir. 9-2505(e)(1)(ii)). Annual registration fees the PRO charges its member producers are already allowed, and collectively may not exceed the fees the PRO pays MDE for registration (COMAR 26.04.14.07C(2)).
Can multiple PROs operate in Maryland?
Not yet. Md. Envir. 9-2502(a) directs MDE to approve a single PRO, and that is the Circular Action Alliance. Additional PROs may be designated only on or after July 1, 2033 (9-2505), and 9-2506(b) requires them to coordinate reimbursement if that happens.
What is Maryland's de minimis threshold?
Less than 1 ton placed on the Maryland market OR less than $2 million in global revenue (COMAR 26.04.14.02B(14)(a)). Either condition alone grants full exemption. Maryland says "one ton" without specifying whether it means a metric ton or a short ton.