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# US State EPR Programs for Electronics and Packaging

There is no federal take-back law for electronics or packaging in the US. Instead, a growing number of states run their own extended producer responsibility (EPR) programs, each with different obligated-producer definitions, reporting cycles, and fee structures — meaning a nationwide seller can face a dozen separate state compliance obligations for the same product.

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At a glance

Federal EPR law

None (state-level only)

E-waste programs

25+ states, led by California

Packaging EPR states

CA, CO, OR, ME, MD, MN

California e-waste law

Covered Electronic Waste (CEW) program

Oregon packaging EPR

Covered-products PRO reporting

## Why EPR in the US is fragmented by state

### No federal WEEE-style law

Unlike the EU or UK, the US has never passed a federal electronics take-back or packaging producer-responsibility statute. States filled the gap independently, starting with electronics in the mid-2000s and packaging more recently.

### Two separate program families

Electronics EPR (e-waste recycling funded by producers) and packaging EPR (recycling and waste-reduction funded by packaging producers) are legally distinct programs that a hardware company can be subject to simultaneously and separately.

### Producer definitions vary by state

Whether a given company is the obligated producer — brand owner, first importer, or manufacturer — depends on each state statute’s own definition, so the same supply chain role can be obligated in one state and exempt in another.

## Electronics (e-waste) EPR: the established layer

### California Covered Electronic Waste (CEW) program

California’s Electronic Waste Recycling Act created the CEW program, with CalRecycle and DTSC sharing implementation roles. Obligations include consumer information, brand labeling, annual reporting, product design considerations, and hazardous-material reduction.

### Most other e-waste states use manufacturer take-back

A majority of the 25+ states with electronics EPR laws use a manufacturer-funded collection and recycling model rather than California’s point-of-sale-fee model — registration, annual reporting, and a funded collection/recycling plan are the common threads.

### Scope is defined by covered product lists

Each state defines its own covered-electronics list (commonly computers, monitors, televisions, and certain peripherals); a product not on a given state’s list is not automatically subject to that state’s e-waste EPR duties.

## Packaging EPR: the newer, faster-moving layer

### States with enacted packaging EPR laws

California (SB 54), Colorado, Oregon, Maine, and Maryland have each enacted producer-responsibility laws for packaging, with Oregon’s program among the first to reach full producer reporting and fee obligations.

### Oregon covered-products model

Oregon requires producers of covered packaging, paper, and food-serviceware products to report supply data, determine obligated-producer status, apply the correct reporting methodology, and pay fees through the state’s approved Producer Responsibility Organization (PRO).

### More states are queued to follow

Packaging EPR is one of the fastest-growing state regulatory categories; companies selling packaged hardware nationally should expect additional states to enact similar laws on a rolling basis.

## Frequently asked questions

### Do I need to register in every state separately?

Generally yes — each state’s EPR program (electronics or packaging) has its own registration, reporting, and fee-payment process, often run through a state-approved Producer Responsibility Organization (PRO) rather than a shared federal portal. There is no single national EPR registration that covers all states.

### Are electronics EPR and packaging EPR the same obligation?

No. Electronics EPR programs govern end-of-life collection and recycling of the covered electronic product itself. Packaging EPR programs govern the packaging materials the product ships in. A hardware company can owe electronics EPR fees for the device and packaging EPR fees for its box and cushioning, under different state laws.

### What happens if my product isn’t on a state’s covered-product list?

If a product category is not on a specific state’s covered-electronics or covered-packaging list, that state’s EPR obligations generally do not apply to it — but the covered-product lists differ by state, so a product excluded in one state may be covered in another.

### How often do packaging EPR reporting requirements change?

Frequently. Packaging EPR is a newer, fast-moving regulatory area, and states are still finalizing reporting methodologies, fee schedules, and PRO structures. Build a recurring review into your compliance calendar rather than treating an initial assessment as permanent.

**Disclaimer:** This page is an educational resource only and does not constitute legal advice. State EPR programs for electronics and packaging change frequently in scope, obligated-producer definitions, and fee structure — verify current requirements against each state’s program administrator and consult qualified counsel before making compliance decisions.

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