Maryland Packaging EPR Law: Producer Compliance Guide

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.

Eco-Modulation Factors

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

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

Fee Reductions (Bonuses)

Fee Increases (Maluses)

Multiplier floor: Not established - rules in development

Program Plan Status

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, given final action May 15, 2026 and took effect May 25, 2026. MDE has posted a compliance guide and an exempt producer determination form.

Next milestone: Watch for the producer responsibility plan filing. The MDE Advisory Council last met on May 28, 2026 and no further 2026 meetings are scheduled.

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

Reporting Deadlines and Key Dates

Covered Products Scope

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.

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.

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 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 Material Category (CMC) for each component
• Net weight per component, per unit (grams)
• Units / volume placed on the state market in the reporting year
• Post-consumer recycled (PCR) content %, with documentation
• Recyclability designation (per the state list) and reuse / refill status
• Format and food-contact flag

MDE to publish the covered materials list by July 1, 2027. Covered materials / recyclability list →

Design Levers: PCR, Source Reduction and Toxics

PCR / recycled content: No packaging PCR or source-reduction mandate yet.

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

Toxics / substance limits: 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). 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: SB 901 (2025), the Statewide Recycling Needs Assessment and Producer Responsibility Act. 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