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Maryland packaging EPR law: producer compliance guide

Maryland's SB 901 (Ch. 431 of 2025) runs through a single approved PRO, the Circular Action Alliance (Md. Envir. 9-2502(a)); additional PROs may be designated only on or after July 1, 2033 (9-2505).

Last updated October 25, 2026.

Governing Law
SB 901 (Ch. 431 of 2025) - Environment - Packaging and Paper Products - Producer Responsibility Plans; Md. Envir. Title 9, Subtitle 25
Fee Start
No producer fee start date set; the first reimbursement floor is Jul 1, 2028 (Md. Envir. 9-2505(e)(1)(ii)), and COMAR 26.04.14.07C(2) caps what the PRO may pass to members for its MDE registration fee, and CAA says its fee collection dates are not yet set
Max Penalty
$5,000 to $20,000 per violation
Administering Agency
Maryland MDE
PRO / Administrator
Circular Action Alliance (single approved PRO; additional PROs possible only from Jul 1, 2033)
De Minimis
<1 ton OR <$2M global revenue
Program fees are not yet active in Maryland, and no program fee schedule has been published.

The reimbursement ramp and the July 1, 2026 PRO filing

First implementing regulations took effect May 25, 2026. Maryland's program sets a reimbursement ramp: service providers must be reimbursed at rates of at least 50% of the cost per ton on or before July 1, 2028, at least 75% on or before July 1, 2029, and at least 90% on or before July 1, 2030 (Md. Envir. 9-2505(e)(1)(ii)). The July 1, 2026 date is the CAA registration filing with MDE (the producer, brand, and material list), and a producer seeking approval through an Individual Producer Responsibility Plan instead files its own registration with MDE (COMAR 26.04.14.07A(1)).

Where the May 31 date comes from

Maryland's producer registration and Interim Producer Report (simplified reporting categories) deadline was May 31, 2026, a program date CAA set, and COMAR 26.04.14 fixes no May 31 date.

Fee schedule by material

No program fee schedule has been published for Maryland yet, so this section shows no program fee rates. The fee calculator shows a projection for Maryland, estimated from Oregon’s 2026 rates and labeled as an estimate.

Eco-modulation factors

○ SpeculativeProjected/estimated. Eco-modulation rules are not yet finalized in this state.

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

Fee reductions (bonuses)

Recyclable-packaging credit (expected): lower fee, not yet finalized PCR content discount (expected)

Fee increases (maluses)

Materials not on the statewide recyclable or compostable list, or with low recycled content (expected): higher fee, not yet finalized

Multiplier floor: Not established, set in the PRO fee structure under Md. Envir. 9-2505(e)(3)(ii)

Eco-modulation values are speculative. Maryland approves a single PRO, CAA (9-2502(a)); additional PROs possible only from Jul 1, 2033 (9-2505). Cost-share ramp 50% (2028) / 75% (2029) / 90% (2030). Statute requires eco-modulated fees (a higher fee for materials not on the statewide recyclable or compostable list or with low recycled content), but specific factors/rates are not yet established.

Program plan status

Signaled

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 (53:3 Md. R. 129), adopted May 5, 2026 (notice of final action published May 15, 2026, 53:10 Md. R. 455) and took effect May 25, 2026. MDE has posted a compliance guide and an exempt producer determination form.

Next milestone: The statutory deadline for the producer responsibility plan filing is July 1, 2028 (Md. Envir. 9-2505(b)(1)). The MDE Packaging and Paper Products Advisory Council met on September 10, 2026 (Meeting 30), and CAA's September 29, 2026 newsletter listed the next meeting for October 8, 2026; MDE's program page posted no date for it, and MDE announces meetings through its email list.

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

Reporting deadlines and program dates

May 25, 2026
First implementing regulations effective
May 31, 2026
Producer registration with CAA and simplified reporting to CAA due (CAA-set date); COMAR 26.04.14 fixes no May 31 date Producer action
Jul 1, 2026
PRO files its MDE registration listing participating producers, brands, and covered materials by weight, and pays the annual registration fee (COMAR 26.04.14.07A(1)(a)). An IPP-route producer files its own registration and fee with MDE on this date (.07A(1)(b)); a PRO member reports to its PRO instead, on the PRO-set date (.07A(2))
Oct 8, 2026
Packaging and Paper Products Advisory Council meeting, 9 to 11 a.m. ET, open to the public with time for comment (CAA September 2026 newsletter; MDE does not post the date)
2027
2027 producer report date not announced: CAA's Producer Resource Center lists 2026 reports only (checked Oct 25, 2026)
Jun 30, 2027
Recurring annual registration deadline. COMAR 26.04.14.07A(1) sets it as beginning July 1, 2026 and each year thereafter, by no later than June 30 Producer action
Jul 1, 2027
MDE must develop a statewide list of covered materials determined to be recyclable or compostable through curbside recycling programs (Md. Envir. 9-2508(a)(1)). The statute sets no publication date
Jul 1, 2028
Producer responsibility plans due: each producer, individually or through a PRO, submits a plan to MDE on or before July 1, 2028 and every 5 years after (Md. Envir. 9-2505(b)(1)). For producers not joining a PRO, COMAR 26.04.14.10C sets the IPP date as July 1, 2028 or a later date the Department identifies. Also the first reimbursement floor: at least 50% of the cost per ton (Md. Envir. 9-2505(e)(1)(ii)) Producer action
Oct 29, 2028
No producer may sell, offer for sale, distribute, or import covered materials for use in Maryland without a Department-approved responsibility plan on file. The regulation sets this date or a later date identified by the Department, so it can move (COMAR 26.04.14.10B) Producer action
Jul 1, 2029
Reimbursement floor rises to at least 75% of the cost per ton (Md. Envir. 9-2505(e)(1)(ii))
Jul 1, 2030
Reimbursement floor rises to at least 90% of the cost per ton (Md. Envir. 9-2505(e)(1)(ii))

Program notes

Single-PRO system: Md. Envir. 9-2502(a) directs MDE to approve a single PRO, and additional PROs may be designated only on or after Jul 1, 2033 (9-2505); CAA is the approved PRO. First implementing regulations effective May 25, 2026 (producer registration focus). Reimbursement ramp: service providers must be reimbursed at rates of at least 50% of the cost per ton on or before Jul 1, 2028, at least 75% on or before Jul 1, 2029, and at least 90% on or before Jul 1, 2030 (Md. Envir. 9-2505(e)(1)(ii)). An annual registration fee is payable to MDE at registration; COMAR 26.04.14.07C(1) sets it to cover MDE's record keeping (that component not to exceed $1,000), the costs of the 9-2508 list and of regulations, and from 2028 service-provider registration, and no total amount is published; COMAR 26.04.14.07C(2) caps what a PRO may charge its member producers collectively at the amount the PRO itself pays MDE.

Covered products scope

Covered packaging materials (all consumer-facing packaging types) and paper products. MDE must develop a statewide list of recyclable or compostable covered materials by Jul 1, 2027 (Md. Envir. 9-2508(a)(1)); no publication date is set. Exempt materials include primary packaging for FDA-regulated drugs, medical devices, and medical equipment, and primary packaging for OSHA-regulated hazardous or flammable products where the Department determines the packaging cannot be waste reduced or made reusable, recyclable, or compostable (COMAR 26.04.14.02B(16)). Under COMAR 26.04.14.02B(16) and .05B(1), each of these exemptions reaches primary packaging only, so the rule does not exempt secondary or tertiary packaging for these products; the statutory list in Md. Envir. 9-2501(l) limits none of its packaging items to primary packaging.

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.

De minimis (small producer)Out of scopeAutomatic by law
<1 ton placed on Maryland market OR <$2M global revenue (either qualifies).
COMAR 26.04.14.02B(14)
Government and nonprofitEntity-side reliefAutomatic by law
A state, federal or state agency, political subdivision, or other governmental unit at (i), and a registered 501(c)(3) or 501(c)(4) organization at (ii), are outside the producer definition.
Md. Code Envir. 9-2501(p)(2)(i) and (ii)
Paper and wood-fiber millsEntity-side reliefAutomatic by law
The same two categories as Minnesota, in the same order: a mill that uses any virgin wood fiber at (iv), and a paper mill producing container board from 100 percent postconsumer and nonpostconsumer recycled content at (v).
Md. Code Envir. 9-2501(p)(2)(iv) and (v)
Restaurant and single-location retailEntity-side reliefAutomatic by law
(vi) an entity owning or operating a restaurant, food cart, or similar establishment headquartered in Maryland and meeting the further conditions in the subparagraph, and (vii) a single retail establishment with no online sales that is not supplied or operated as part of a franchise or chain. An out-of-state chain does not meet the in-state headquarters requirement in (vi).
Md. Code Envir. 9-2501(p)(2)(vi) and (vii)
Beverage manufacturer volume testNo provision
No raised volume threshold for beverage manufacturers. Oregon is the only state of the seven with one, and the ordinary de minimis test applies here instead.
Md. Code Envir. 9-2501(j) and (p)(2)
Alcohol licenseeEntity-side reliefAutomatic by law
The only exclusion of alcohol licensees from the producer definition in any of the seven states. An entity that (1) is licensed under Title 2 of the Alcoholic Beverages and Cannabis Article and (2) generated less than $10,000,000 in gross revenue during the immediately preceding calendar year is outside the producer definition. Both conditions are required. Title 2 is Maryland's own licensing title, and it also provides permits for out-of-state sellers, including the nonresident dealer's permit at ABC 2-124 and the nonresident winery permit at ABC 2-135. No decision on whether holding one of those permits counts as being licensed under Title 2 has been located. The $10M is not limited to Maryland revenue, since the text says gross revenue without qualification where the de minimis test at (j)(2) says global expressly.
Md. Code Envir. 9-2501(p)(2)(viii)
B2B and transport packagingOut of scopeAutomatic by law
The main test is the packaging definition itself, and it carries an express empty-packaging carve-out. .02B(21)(a): packaging is material that facilitates delivery of a product 'sold or supplied with the product to the consumer for personal, noncommercial use'; (21)(b)(i) includes 'primary, secondary, and tertiary packaging intended for the consumer market'; and (21)(c): 'Packaging does not include packaging that is sold as a product that is empty at the time of sale.' So B2B packaging that is not sold or supplied with a product to a consumer for personal, noncommercial use is out because it is not packaging, although tertiary packaging intended for the consumer market is expressly included, and a converter selling empties is out by express text. A separate three-part exemption at .02B(16)(m) follows the Minnesota and Washington structure but drops their condition that the product go to a business for the production of another product, so it reaches any product distributed to an industrial, commercial, or institutional business and not introduced beyond the business that first received it, and unlike most of the Maryland list it is not limited to primary packaging.
COMAR 26.04.14.02B(21) and .02B(16)(m)
Hazardous or flammable (OSHA HazCom)ConditionalAgency determination
Primary packaging under MDE's rule, and conditional. The exclusion reaches packaging containing OSHA Hazard Communication Standard products, but only where the hazard prevents the packaging from being waste reduced or made reusable, recyclable, or compostable, “as determined by the Department”. In its Response to Comments MDE stated that, at this time, the criteria is OSHA HazCom regulation and no additional standard has been identified as a basis for exemption, and it declined industry requests to add a DOT basis, so the test is stated even though no product-level determination has been located. Under the rule, hazmat outer cartons stay covered whatever happens to the primary container. Producers claim it with supporting documents, and exemptions expire and must be renewed. Statute and rule differ here: Envir. 9-2501(l)(11) has no primary-packaging limit, while MDE's rule limits it to primary packaging, which is what MDE will apply. No decision on which controls has been located.
COMAR 26.04.14.02B(16)(k); claim route at Reg. .09 and Envir. Art. 9-2508
DOT dangerous goodsNo provision
No DOT-based exclusion, and this is a deliberate choice rather than an omission: industry commenters asked MDE to add a DOT basis to the hazardous exclusion, and MDE left the text unchanged, stating that additional standards “have not been identified as a basis for exemption at this time.”
COMAR 26.04.14.02B(16)(a) to (n); MDE Response to Comments
Refillable LPG and pressurized containersOut of scopeAutomatic by law
“Primary packaging used to contain liquefied petroleum gas and designed to be refilled” (COMAR .02B(16)(h)). It must be refillable, and under the rule an outer carton or shrink-wrapped pallet of cylinders is not excluded. Maryland's rule is the only one of the four LPG states to add a primary limit; Oregon, Minnesota, and Washington do not. Statute and rule differ here: Envir. 9-2501(l)(8) has no primary-packaging limit, while MDE's rule limits it to primary packaging, which is what MDE will apply. No decision on which controls has been located.
COMAR 26.04.14.02B(16)(h)
Pesticides (FIFRA)Out of scopeAutomatic by law
Primary packaging for products regulated by EPA under FIFRA (COMAR .02B(16)(g)). Under the rule, secondary and tertiary FIFRA packaging stays covered. Colorado, California, Minnesota, and Washington apply no such limit. Statute and rule differ here: Envir. 9-2501(l)(7) has no primary-packaging limit, while MDE's rule limits it to primary packaging, which is what MDE will apply. No decision on which controls has been located.
COMAR 26.04.14.02B(16)(g)
Beverage containers and deposit programsConditionalAutomatic by law
A carve-out exists but has no effect unless Maryland legislates a beverage container deposit return program. The regulation excludes a prepackaged beverage container that is covered under a legislatively mandated beverage container deposit return program in the State, so until such a program exists, beer, soda, wine, and spirits containers are covered materials. The alcohol relief Maryland does give is entity-side and sits in the producer definition; see the alcohol licensee row. CORRECTED 2026-09-16: this entry previously said no beverage-container provision existed.
COMAR 26.04.14.02B(3)(b) and .05B(2)
Medical, drug, and deviceOut of scopeAutomatic by law
Six subsections covering infant formula, medical food, fortified oral nutritional supplements and enteral food, FDA-regulated drugs and medical devices, medical equipment used in medical settings, and animal drugs and biologics. In MDE's rule every one begins “Primary packaging”, so under the rule the shipper and the shelf carton around an exempt drug remain covered materials. Minnesota's equivalent list carries no such limit. Statute and rule differ here: Envir. 9-2501(l)(1) to (6) has no primary-packaging limit, while MDE's rule limits each item to primary packaging, which is what MDE will apply. No decision on which controls has been located.
COMAR 26.04.14.02B(16)(a) to (f)
AgriculturalNo provision
No agricultural exclusion, material-side or entity-side.
COMAR 26.04.14.02B(16)(a) to (n)
Paint stewardship containersOut of scopeAutomatic by law
Primary packaging for products subject to the Paint Stewardship Program under Environment Article, Title 9, Subtitle 17, Part V (COMAR .02B(16)(l)). Primary only under the rule. Statute and rule differ here: Envir. 9-2501(l)(12) has no primary-packaging limit, while MDE's rule limits it to primary packaging, which is what MDE will apply. No decision on which controls has been located.
COMAR 26.04.14.02B(16)(l)
Long-term storage, five yearsConditionalAgency determination
Packaging used for the long-term protection or storage of a product with a lifespan of not less than five years, “as determined by the Department” (Envir. 9-2501(l)(14); COMAR .02B(16)(n)). Neither the statute nor the definition at .02B(16)(n) is limited to primary packaging, but the packaging list at .05B(1)(l) begins “Primary packaging”, so the texts differ, and no decision on which controls has been located. California carries the same determination condition; Colorado and Maine do not.
COMAR 26.04.14.02B(16)(n)
Commercial recycling routeNo provision
No commercial-recycling-route or high-recycling-rate exit.
COMAR 26.04.14.02B(16)(a) to (n)
Construction and contractorsNo provision
No construction exclusion. Washington exempts packaging used for bulk construction materials and Colorado exempts the builder as a producer; Maryland does neither.
COMAR 26.04.14.02B(16)(a) to (n)
Agency catch-allNo provision
No open-ended agency catch-all in the exempt-material definition. The list can still grow by request: under Environment 9-2508(e), a producer may ask MDE to classify a type of packaging as exempt where a specific federal or State health and safety requirement prevents it from being waste reduced or made reusable, recyclable, or compostable, and an approved exemption expires after 2 years. Separately, MDE must develop by July 1, 2027 a statewide list of covered materials that are recyclable or compostable through curbside recycling programs.
Envir. 9-2501(l); Envir. 9-2508(e); COMAR 26.04.14.02B(16)(a) to (n)
Maryland is in ramp-up. The exempt-material list is adopted and effective May 25, 2026, but the MDE statewide list of covered materials recyclable or compostable through curbside recycling programs is not due until July 1, 2027, so which covered materials get the higher fee and which get the discounted fee is not yet fixed. Ten of the fourteen exempt materials in COMAR 26.04.14.02B(16) begin “Primary packaging”, so secondary and tertiary packaging around an otherwise exempt product stays covered. The four that do not are newsprint at (i), small-circulation magazine paper at (j), the industrial-input item at (m), and long-term packaging at (n), and the packaging list at .05B(1)(l) words the long-term item as primary packaging.

Responsible producer

Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers for items sold at a physical retail location: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that manufactures and sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item in or into the state (RCW 70A.208.020(29)(a)(i); Md. Envir. 9-2501(p)(1)(i) and COMAR 26.04.14.02B(25)(b); Minn. Stat. 115A.1441 subd. 26(a)(1); 38 MRSA 2146(1)(O)(1)). The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer in the state that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee in the state, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w); 14 CCR 18980.1.1(a)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in three states. Colorado's rule reaches the brand owner first only where it directs or performs the manufacturing of the packaging (6 CCR 1007-2 Part 1, s18.2.2(A)(1)). In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)). Washington, Maryland, Minnesota, and Maine make the franchisor the producer where it has franchisees with a commercial presence in the state, and Colorado's rule does so where it has franchisees that operate in Colorado (RCW 70A.208.020(29)(a)(vi)(B); COMAR 26.04.14.02B(25)(g); Minn. Stat. 115A.1441 subd. 26(a)(6)(ii); 38 MRSA 2146(1)(O); 6 CCR 1007-2 Part 1 s18.2.2).

MD: Standard hierarchy; MDE's COMAR 26.04.14 compliance guide with FAQs is now marked Rev 2, October 2026. 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 they are best captured at design time. CAA collects these attributes through one Producer Portal account, with a separate Producer Report for each state where the producer has signed a State Addendum, and state-specific rules still apply. Retain supporting records for at least 5 years, the minimum COMAR 26.04.14.09B sets, to substantiate reports, exemptions, and credits.

MDE to develop the statewide list of covered materials recyclable or compostable through curbside programs by July 1, 2027 (Md. Envir. 9-2508(a)(1)); no publication date is set. Covered materials / recyclability list →

Design levers: PCR, source reduction, and toxics

Signaled

The producer responsibility plan, due July 1, 2028, must set goals for each covered material type that include the percentage of postconsumer recycled content covered materials must contain (Md. Envir. 9-2505(c)(1)(iii)), and fees must be higher for low recycled content and discounted for high recycled content (9-2505(e)(3)(ii)). No percentage is set yet.

The same plan goals include the percentage of covered materials to be waste reduced (9-2505(c)(1)(iii)); none is set yet, and lighter packaging will lower future tonnage-based fees.

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). The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.

Statute and rule text

Statute: SB 901 (Ch. 431 of 2025), Environment, Packaging and Paper Products, Producer Responsibility Plans, codified at Md. Envir. Title 9, Subtitle 25. 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

What is the July 1, 2026 deadline in Maryland?
For most producers July 1, 2026 is a PRO obligation, not a producer deadline: CAA files its registration with MDE listing its participating producers, brands, and covered materials (COMAR 26.04.14.07A(1)(a)). The exception is a producer seeking approval through an Individual Producer Responsibility Plan instead of a PRO, which files its own registration and fee with MDE by that date (.07A(1)(b)). Maryland's producer registration and Interim Producer Report (simplified reporting categories) deadline was May 31, 2026, a program date CAA set, and COMAR 26.04.14 fixes no May 31 date.
When do Maryland EPR fees begin?
Maryland sets no producer fee start date in statute. Its first marker is a service-provider reimbursement floor: at least 50% of the cost per ton on or before July 1, 2028, rising to at least 75% by July 1, 2029 and 90% by July 1, 2030 (Md. Envir. 9-2505(e)(1)(ii)). Annual registration fees the PRO charges its member producers are already allowed, and collectively may not exceed the fees the PRO pays MDE for registration (COMAR 26.04.14.07C(2)).
Can multiple PROs operate in Maryland?
Not yet. Md. Envir. 9-2502(a) directs MDE to approve a single PRO, and that is the Circular Action Alliance. Additional PROs may be designated only on or after July 1, 2033 (9-2505), and 9-2506(b) requires them to coordinate reimbursement if that happens.
What is Maryland's de minimis threshold?
Less than 1 ton placed on the Maryland market OR less than $2 million in global revenue (COMAR 26.04.14.02B(14)(a) and (b)). Either condition alone grants full exemption. Maryland says "one ton" without specifying whether it means a metric ton or a short ton.