Maryland packaging EPR: do you owe anything, and when?
Maryland's law took effect June 1, 2025, and its first rules (COMAR 26.04.14) on May 25, 2026. You're exempt if your global gross revenue was under $2 million in your most recent fiscal year, or if you put less than 1 ton of covered material into Maryland. If you're over both, the Circular Action Alliance (CAA) is the only approved PRO, and its first registration with the state was due July 1, 2026. No producer fees have been invoiced yet, and the rules that will set them haven't been written. One open question: whether exempt producers should file MDE's exemption form.
Who counts as the producer
Packaging that holds the product: the manufacturer selling under its own brand (or unbranded), then a licensee, then the brand owner, then the importer if there's no US party, then the first distributor.
Shipping packaging: "the person that packages the item to be shipped to the consumer". That can be your 3PL. See who reports shipping packaging.
Paper: the publisher for magazines, catalogs and directories; otherwise the manufacturer, brand owner or licensee, or importer.
Franchises: the franchisor.
Another party can take on your obligations by written agreement, but you must ask MDE for a determination.
The exemption tests
Meeting either test exempts you:
Revenue: less than $2,000,000 in global gross revenue in your most recent fiscal year. It isn't indexed to inflation.
Tonnage: less than 1 ton of covered material into Maryland in your most recent fiscal year.
Also excluded:
governments, and 501(c)(3) and 501(c)(4) organizations;
a single retail store with no online sales that isn't part of a franchise or chain;
Maryland-headquartered restaurants and food carts that aren't the producer of their food serviceware;
alcohol licensees with under $10 million in gross revenue in the preceding calendar year;
certain paper mills.
What's covered, and the supplement catch
Covered material includes primary, secondary and tertiary packaging (with labels), food serviceware, beverage containers, void fill, and paper products such as office paper. Packaging counts only if it reaches a consumer for personal, non-commercial use; paper products count either way.
MDE's rules exempt only the primary packaging of infant formula, medical food, certain supplements for medical conditions, FDA-regulated drugs and devices, animal drugs and pesticides. Outer packaging of over-the-counter drugs and infant formula is covered, and so is dietary supplement packaging: a 2026 bill to exempt supplements died. MDE's "primary only" reading is narrower than the statute, so check with MDE if your product depends on it.
Exempt? MDE's form is the open question
MDE has an "Exempt or Excluded Producer Determination Request" form. The rules make it mandatory only for certain exclusions: OSHA-hazardous primary packaging, packaging for products meant to last 5 years or more, and producers whose obligations another party has taken on by contract. The under-$2 million and under-1-ton exemptions are not on that mandatory list, but the June 2026 form has a checkbox for them, and no deadline is stated. It's unclear whether small producers are expected to file it. If you're relying on these exemptions, ask MDE.
Either way, keep your records for 5 years: MDE can ask for them, with 15 business days to respond.
The PRO: Circular Action Alliance
CAA is the only approved PRO, and no other can be approved before July 1, 2033. CAA's first registration with MDE was due July 1, 2026. Producers that register late get corrective-action letters requiring back reports and fees. CAA must report likely unregistered producers to MDE every quarter, and MDE has published CAA's July 2026 list of producers and brands.
In 2026, CAA collected a simplified report of 2025 supply by 8 broad material classes, with no fees invoiced. Reports cover the weight distributed into Maryland in the previous calendar year. Prorated national data is allowed if Maryland data isn't available, but only with MDE's approval.
Key dates, 2027 to 2028
Around May 31, 2027: CAA's annual data submission for 2026, per CAA's Maryland page. May 31, 2027 is Memorial Day, so CAA's policy moves it to June 1. CAA hasn't announced the 2027 date.
June 30, 2027: annual registration with MDE by the PRO (and by any producer with its own plan).
July 1, 2027: MDE's statewide list of curbside-recyclable and compostable covered materials is expected.
July 1, 2028: producer responsibility plans are due.
October 29, 2028: producers without an approved plan can't sell covered products into Maryland.
Still uncertain
Fees: a second rule package will set fees, eco-modulation, goals and the full category list. There is no date for it. CAA expects first producer fees around 2029 but says collection may begin earlier. The registration fee amount hasn't been published.
Whether de minimis producers must file MDE's determination request.
The 2027 CAA report date.
Penalties
$5,000 for a first violation, $10,000 for a second and $20,000 for a third or later, but only after MDE sends written notice and the violation goes uncorrected for 60 days. After that, each day is a separate violation. We found no enforcement actions so far.
What to do next
Compare your global gross revenue for your most recent fiscal year to $2,000,000.
If you're over it, estimate the packaging and paper you put into Maryland against 1 ton.
If you're exempt, keep the evidence for 5 years, and ask MDE whether it wants the determination request form from you.
If you're not exempt and haven't joined CAA, register (free), and expect to report back periods.
If you sell supplements or OTC products, check which of your packaging layers are covered.
Watch for MDE's second rule package and CAA's 2027 report date.
Selling into other EPR states? Maryland's $2 million test is one of the lowest.