Summary
Details
- Maryland
Covered producers generally must:
Determine producer status.
Register.
Report covered materials.
Participate through a PRO or authorized alternative.
Finance applicable program costs.
Operate under an approved producer responsibility plan once implemented.
Deep dive
- What’s Required
- 1. Determine producer status
- 2. Identify covered materials
- 3. Register
- 4. Report brands and covered materials
- 5. Participate through a PRO or approved alternative
- 6. Develop a producer responsibility plan
- 7. Finance recycling-system costs
- 8. Support packaging redesign
- Important Deadlines
- Current Status
- Penalties for Non-Compliance
- Examples of Known Violations / Failure Modes
- Resources
📩 Stay ahead of climate regulation and reporting shifts
Regulatory updates, reporting standards, and new climate software — distilled into one concise weekly brief for decision-makers.
Thanks for signing up. Please check your inbox to confirm your subscription.
Practical updates. Once per week.
What’s Required
1. Determine producer status
Companies supplying covered materials into Maryland must determine whether they meet the statutory definition of producer.
Responsibility varies according to the product and packaging arrangement. Depending on the circumstances, the producer can be:
Brand owner.
Manufacturer.
Person packaging an item for shipment to a consumer.
First distributor into Maryland.
Publisher of certain paper products.
2. Identify covered materials
Covered materials include broad categories of:
Primary packaging.
Secondary packaging.
Tertiary packaging intended for the consumer market.
Service packaging.
Carry-out bags.
Bulk goods bags.
Takeout and delivery food packaging.
Beverage containers.
Paper products.
Certain products and materials are excluded or exempt under the statute and implementing regulations.
3. Register
Producers distributing covered materials into Maryland were required to register by July 1, 2026.
For subsequent years, registration must generally occur by June 30 annually.
Producers participating through a PRO provide their registration information through the PRO according to the organization’s schedule. Independent producers provide information directly to the Maryland Department of the Environment.
4. Report brands and covered materials
Registration information includes, at minimum:
Brands.
Categories of covered materials.
Weight of materials distributed into Maryland during the previous calendar year.
This makes SKU, packaging material, and state-level sales data important for compliance.
5. Participate through a PRO or approved alternative
Most producers can comply through a Producer Responsibility Organization.
Maryland has approved Circular Action Alliance as the PRO for the packaging and paper products program.
The law also provides for alternatives such as:
Individual producer responsibility plans.
Approved alternative collection programs in qualifying circumstances.
6. Develop a producer responsibility plan
A PRO or qualifying individual producer must submit a producer responsibility plan addressing how covered materials will be managed.
The first statutory plan deadline is July 1, 2028, with updated plans generally required every five years.
Plans must address areas including:
Collection.
Transportation.
Processing.
Recycling.
Reuse.
Composting.
Infrastructure.
Producer financing.
Performance measurement.
Education and outreach.
7. Finance recycling-system costs
The law is explicitly designed to make producers financially responsible for investing in recycling infrastructure and reimbursing local governments and other service providers for eligible costs associated with:
Transportation.
Collection.
Processing.
Recycling-system improvement.
8. Support packaging redesign
The statute also seeks to encourage producers to:
Reduce packaging.
Reduce plastic packaging.
Reduce packaging toxicity.
Increase recycled content.
Improve recyclability.
Improve compostability.
Increase reuse.
Important Deadlines
May 13, 2025: Packaging EPR legislation approved by the Governor.
May 25, 2026: COMAR 26.04.14 implementing regulations became effective.
July 1, 2026: Initial producer registration deadline.
June 30 annually thereafter: Producer registration deadline.
July 1, 2028: First producer responsibility plan due.
Every five years thereafter: Updated producer responsibility plan.
2026 onward: MDE oversees producer registration, exemptions, reporting, and program development.
Current Status
Active and legally binding, with implementation underway.
Maryland adopted final implementing regulations in May 2026, and producers began registration during 2026. MDE has also published lists of registered producers and brands and established procedures for exemption and exclusion determinations.
The full producer responsibility plan remains under development, with the first plan due in 2028.
Penalties for Non-Compliance
Maryland’s law authorizes regulatory enforcement for producer and PRO violations.
Potential consequences include:
Administrative enforcement.
Civil penalties.
Corrective orders.
Registration enforcement.
Recovery of unpaid fees or obligations.
Restrictions associated with non-compliant participation.
The exact penalty depends on the provision violated and applicable Maryland environmental enforcement law.
Examples of Known Violations / Failure Modes
Failing to register by the statutory deadline.
Underreporting packaging weight.
Omitting brands from registration.
Incorrectly identifying the responsible producer.
Failing to participate in a compliant PRO or individual plan.
Incorrectly claiming an exemption.
Failing to report service packaging.
Omitting paper products.
Providing inaccurate prior-year distribution data.
Failing to maintain required records.
Missing future producer responsibility plan obligations.
Treating voluntary recycling initiatives as a substitute for EPR compliance.
Resources
Cut through the green tape
We don't push agendas. At Net Zero Compare, we cut through the hype and fear to deliver the straightforward facts you need for making informed decisions on green products and services. Whether motivated by compliance, customer demands, or a real passion for the environment, you’re welcome here. We provide reliable information. Why you seek it is not our concern.