Retail Extended Producer Responsibility

Overview of extended producer responsibility frameworks, retailer roles, and policy approaches affecting product and packaging lifecycle management.

Extended Producer Responsibility (EPR) is a policy tool for reducing consumer waste from products, packaging, and printed paper by making producers responsible for end-of-life management. For retailers, EPR obligations often arise through private brands or when the retailer acts as the importer in a jurisdiction where the original producer does not operate.

EPR programs are intended to reduce waste at the source, encourage more circular design, and fund recycling or take-back systems by building end-of-life costs into product pricing. Laws typically require producers to join a producer responsibility organization (PRO), which collects fees, manages compliance, supports consumer education, and helps meet program targets. Producer fees generally take one of three forms:

  1. Flat fee: A fixed charge applied regardless of product or material attributes. This structure is less common for packaging and paper EPR but more common for product categories with less material variation, such as mattresses, batteries, or electronics. 
  2. Eco-modulated fee: A fee structure that lowers costs for materials with preferred environmental attributes, such as recycled content or recyclability, and raises costs for materials with poorer environmental performance. This is the most common model proposed for U.S. packaging and paper EPR programs.
  3. Market infrastructure-based fee: A weight- or material-based fee tied to the actual cost of collecting and processing materials in a jurisdiction’s recycling system. Some Canadian packaging and paper EPR programs use this approach.

This page summarizes current and emerging U.S. EPR requirements by material, including potential retailer obligations and related resources.

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Packaging and Paper 

As of 2026, seven states have enacted EPR laws for packaging: California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington. These laws establish producer-funded programs for packaging materials sold, offered for sale, or distributed into the state, including through online transactions. While each state’s program differs in scope, definitions, exemptions, reporting requirements, fee structures, and implementation timelines, most require obligated producers to register with or join a producer responsibility organization (PRO), submit packaging data, and pay fees to support recycling system costs, consumer education, and program implementation. Many programs cover packaging across material types, and some also include paper products, printed paper, or certain single-use foodservice items.

E-waste

As of 2026, roughly twenty-five states plus the District of Columbia have enacted electronics recycling laws that impose manufacturer obligations, with most programs using an extended producer responsibility framework that requires electronics manufacturers to register, fund, or operate collection and recycling programs for covered devices. 

Paint

As of 2026, twelve states plus the District of Columbia have active paint EPR programs administered by PaintCare, including new programs in Illinois and Maryland. These laws require manufacturers to fund collection and recycling of leftover paint, typically through a small stewardship assessment paid at purchase.

Carpet

As of 2026, California remains the only fully implemented carpet EPR state, while New York’s enacted law requires producer participation beginning July 1, 2026, and prohibits PFAS in covered carpet starting December 31, 2026. Other states, including Minnesota, have considered related proposals but have not yet implemented comparable programs.

Mattresses

As of 2026, California, Connecticut, Oregon, and Rhode Island have enacted mattress EPR laws, with statewide recycling programs operated by the Mattress Recycling Council through Bye Bye Mattress. Mattress EPR legislation also remains active in states such as Virginia, New Jersey, and Washington.

Textiles

As of 2026, California is the first U.S. state with an enacted textile EPR law. SB 707 requires covered apparel and textile producers selling into California to join the approved producer responsibility organization, and fund statewide collection, repair, reuse, and recycling programs. Producers were required to join by July 1, 2026. Other states, including New York, Washington, and Minnesota, continue to consider textile EPR proposals.


Disclaimer: The information above is intended as a reference tool and is not an exhaustive list of all EPR legislative activity in the U.S. The information provides a summary and does not convey all aspects of legislated requirements. Links to legislation are accurate as of the date of this publication. Retailers should consult official agency resources and/or relevant legislative documents for comprehensive guidance. Inclusion of introduced legislation is not a predictor or an indicator of RILA’s belief that it will pass.
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