Today, Maryland Governor Wes Moore signed SB 901 into law, which will establish a statewide Extended Producer Responsibility (EPR) program for packaging. Maryland has now become the sixth state in the U.S. to enact such packaging EPR legislation – after Maine (2021), Oregon (2021), Colorado (2022), California (2022), and Minnesota (2024).

The law, which passed the General Assembly on April 7, requires packaging producers to fund and manage the recycling system, marking a major milestone in the state’s effort to reduce waste; boost packaging reuse, recycling, and composting; and build a more circular economy.

“With the Governor’s signature, Maryland has taken a bold step toward a cleaner, more sustainable future,” said Senator Malcolm Augustine, the bill’s lead sponsor. “This new law holds producers accountable for the packaging waste they create and builds a modern, circular system that benefits every Marylander. I’m proud to have led this effort and deeply grateful to the Product Stewardship Institute (PSI), Trash Free Maryland (TFM), Maryland Recycling Network (MRN), and all of our legislative champions who made this victory possible.”

SB 901 incorporates best practices from PSI’s national packaging EPR model and includes several first-in-the-nation provisions. Under the law, producers must join a Producer Responsibility Organization (PRO) that will submit an implementation plan to a multi-stakeholder Advisory Council and the Maryland Department of the Environment (MDE) for approval. The PRO will assess “eco-modulated” fees that producers will pay based on the sustainability of packaging materials—incentivizing reduction, reuse, recycling, and composting.

The law establishes a phased cost responsibility: producers will cover 50% of program costs by July 1, 2028; 75% by 2029; and 90% by 2030. These funds will support recycling and composting infrastructure, education and outreach, and local reuse initiatives. Notably, Maryland’s law allows multiple PROs to operate from the outset—an approach that encourages competition.

“With this new law, Maryland is not just joining the national movement for Extended Producer Responsibility—it’s helping to lead it,” said Scott Cassel, PSI founder and CEO. “By holding producers accountable for the packaging they put into the marketplace, this law will save taxpayers tens of millions of dollars, drive down waste, strengthen local recycling programs, and create green jobs across the state. It’s a smart, forward-thinking solution to one of our most pressing waste challenges.”

The bill’s passage is the result of years of advocacy and stakeholder engagement. PSI and TFM began working in 2021with original bill sponsor, Delegate Brooke Lierman. After Lierman became Comptroller, Senator Augustine led the effort in the Senate for three consecutive years, with key support from House Environment and Transportation Chair Marc Korman, Delegate Dana Stein, and Senator Sara Love, who co-sponsored the 2025 legislation.

“As recycling professionals, we’ve long known that local governments can’t shoulder the burden of packaging waste alone,” said Chaz Miller, Chair of Maryland Recycling Network's Legislative Committee. “This new law creates a shared responsibility in which packaging companies will cover most recycling costs. We're excited to work with local governments, public and private MRF operators, MDE, and the producer group to build a recycling system based on Maryland's unique needs."

“This law will benefit Marylanders and our environment by shifting responsibility for packaging upstream to producers and creating incentives for more sustainable packaging designs,” said Kelly Doordan, Executive Director of Trash Free Maryland. "Packaging is a significant contributor to Maryland's trash and litter, and this new law represents a landmark opportunity to reduce waste and improve packaging recycling and environmental impacts."

With the signing of SB 901, Maryland joins Maine, Oregon, Colorado, California, and Minnesota in enacting packaging EPR laws—each shaped by collaboration among policymakers, industry, environmental groups, and community leaders. PSI continues to provide national coordination and policy guidance to support state-level efforts and accelerate the transition to producer-funded recycling systems in collaboration with state-based experts such as TFM and MRN.