Maryland Finalizes First Set of EPR Regulations for Packaging and Paper Products

The Maryland Department of the Environment (MDE) on May 5, 2026, adopted new implementing regulations related to its extended producer responsibility (EPR) program for packaging and paper products. The regulations were published in the Maryland Register on May 15, 2026, and became effective on May 25, 2026. This Holland & Knight alert provides a high-level overview of what obligated producers should know about Maryland's EPR regulatory framework.

Background

As discussed in previous Holland & Knight alerts on this topic, producers subject to state EPR laws must closely monitor regulatory developments in each jurisdiction in which they operate. (See "California's Final EPR Regulations Now in Effect," May 11, 2026; "Are You Ready to Report Your Packaging Data Next Month?," April 10, 2026; "The Latest Pandora's Box: What You Need to Know Now About State EPR Laws," January 22, 2026; "Washington State Enacts EPR Program for Packaging and Paper Products," May 21, 2025; and "Are You Tracking Your Packaging Data Yet?," October 17, 2024.)

Maryland passed its foundational EPR legislation in two phases. In 2023, the state enacted Senate Bill (SB) 222, which established a Producer Responsibility Organization (PRO) and advisory council framework. Shortly thereafter, MDE selected the Circular Action Alliance (CAA) to serve as the state's PRO. Then in 2025, Maryland passed SB 901, which established substantive producer responsibility obligations for covered materials, including packaging and paper products. The 2025 law requires producers, individually or as part of a PRO, to submit a producer responsibility plan to MDE and comply with registration, reporting and fee requirements similar to those of other states with enacted EPR programs.

MDE issued proposed regulations for public comment on February 6, 2026, and accepted public comments until March 9, 2026. These initial regulations focus on the registration process and related requirements, and MDE has suggested that additional rulemakings may follow.

Changes from Proposed to Final Regulations

The Maryland attorney general certified that all changes between the proposed and final regulations are "nonsubstantive." Although none of the changes alters the regulations' fundamental scope or intent, producers should be aware of several clarifications:

• Food service ware is not limited to "service packaging designed and intended to be filled at the point of sale," which potentially expands the scope of covered packaging to include items such as prepackaged food containers.
• The covered material registration categories must be "read in sequential order," providing clarity on how producers should classify materials that could fall into multiple categories.
• Record retention was reduced from 10 years to five years, and the deadline for producing documents was extended from 10 business days to 15 business days.
• The restriction on consumer-facing fees was removed from the regulations as redundant with existing statutory language.

Comparison to Other State EPR Programs

Maryland is one of seven states with enacted packaging EPR laws. Its program is in an earlier stage of development compared to similar programs in Oregon, Colorado and California, which are already operational with full reporting and active fee collection. Maryland's reporting obligations are currently limited to simplified categories, similar to those in Washington and Minnesota, and fee invoicing will not begin until the program plan is approved and implemented.

Similar to other state EPR programs, Maryland's program includes unique nuances that, although seemingly minor, require a state‑specific analysis to determine how a particular business or packaging will be treated. For example, Maryland's definition of "covered entity" may be broader than in other states, meaning companies with packaging or paper product activities in Maryland should assess their operations under its EPR program separately, in addition to other state EPR programs, to determine applicability.

Upcoming Reporting in Maryland

Producers complying through CAA – the only approved PRO in Maryland – should be aware that the organization has established a May 31, 2026, deadline for submission of a "simplified supply report" using eight broad material reporting categories that cover producers' calendar year 2025 supply data in Maryland.

Notably, the simplified reporting deadline is not expressly set forth in Maryland's statute or the final regulations. Rather, it was developed by CAA under its broad authority for purposes of obtaining information during the initial program phase. The statute requires CAA to file its registration with MDE by July 1, 2026, including a list of CAA's member producers. The May 31 deadline for participating producers will assist CAA in collecting required information in advance of its own July 1 filing deadline. For obligated producers not participating through CAA, the statute and regulations allow for individual compliance by July 1, 2026.

Maryland producers will not be invoiced for early fees based on their simplified supply reports. Instead, these reports will help CAA forecast budgets and fees for the future program. This approach is consistent with the one used in Minnesota but contrasts with that of Washington, where producers will be invoiced for early fees based on simplified supply reports.

Key Dates and Producer Obligations

Producers subject to Maryland's EPR law should monitor the following timeline:

• May 31, 2026 – CAA Deadline for Simplified Supply Report Submission. Given that CAA has stated that all deadlines ending on a weekend or holiday would be construed as the next business day, the organization will recognize this deadline as June 1, 2026.
• July 1, 2026 – Statutory Deadline for CAA Registration with MDE. The registration requires a list of participating producers, brands and covered materials by category and weight. This is also the deadline for individual producers not joining CAA to register directly with MDE.
• July 1, 2028 – Deadline for CAA to Submit Its Producer Plan to MDE. This is also the deadline for individual producers not joining CAA to submit Individual Producer Responsibility Plans directly to MDE.
• October 29, 2028 – Sales Ban. Beginning on this date (or any later date identified by MDE), producers may not sell, offer for sale, distribute or import covered materials in Maryland without an approved producer plan on file.

What Producers Should Do Now

The finalization of Maryland's initial EPR regulations, combined with the approaching reporting and registration deadlines, means that producers manufacturing, selling or otherwise distributing packaging or paper products in Maryland should actively evaluate their compliance posture.

Companies that have not yet determined whether they are obligated under Maryland's program should promptly undertake that analysis, paying close attention to state‑specific definitions and applicable exemptions. Producers may wish to seek legal counsel regarding the nature and extent of their compliance obligations at this early stage, particularly as enforcement authority remains with MDE and will be interpreted under its own legal framework.

This is not a complete set of regulations for Maryland's EPR program. MDE has indicated that additional rulemakings will follow, which may address the covered materials list, full reporting categories, program plan requirements and other implementation details. Producers should continue to monitor both MDE and CAA communications for further developments.

Holland & Knight is closely monitoring regulatory developments in Maryland and the six other states with enacted packaging EPR laws, as well as other states considering adoption of EPR laws. Our attorneys are available to assist companies in evaluating their obligations, navigating the registration and reporting process, and developing compliance strategies. For additional guidance on EPR obligations, please contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.