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Maine packaging EPR

Maine passed the first packaging EPR law in the US, but its program isn't running yet. The state's search for an organization to operate it drew no bids in 2026. Here is how the law works and what brands should do while it is on hold.

Producer DeskLast reviewed October 2, 20264-minute readNot yet operating

At a glance

Status
Not yet operating. The 2026 RFP drew no proposals, and DEP plans to reissue it.1
Law
38 M.R.S. §2146; DEP rules chapter 428.
Operator
A stewardship organization under contract to DEP (not yet selected).
What's covered
Packaging material. Paper products are not covered.
Small-producer exemption
Under $2M gross revenue (temporarily $5M), or under 1 ton.
Low-volume fee
1 to 15 tons: no more than $500 a ton and $7,500 a year.
Key trigger
All producer deadlines run from the date the contract takes effect.

How Maine's model is different

Maine was the first state to pass a packaging EPR law, in 2021, but its design differs from the other six. Instead of producers forming their own PRO, the Maine Department of Environmental Protection (DEP) hires a stewardship organization under a 10-year contract. Producers pay that organization, and it reimburses participating towns for the median per-ton cost of managing packaging.2

Almost every producer deadline in the law is tied to the date that contract takes effect. That is why the status below matters so much.

Where it stands

DEP issued its request for proposals for a stewardship organization on June 15, 2026. When it closed in August, it had received no proposals. In September, DEP said it is revising the RFP and will reissue it, and is reassessing the schedule.1,3,4

What this means: until a stewardship organization is under contract, Maine producers have nothing to register, report or pay. The obligations haven't gone away; they are on hold until the contract starts.

Once a contract takes effect, the law sets this sequence:2,3

  • Producers register within 90 days of registration opening.
  • First payments are due no later than 180 days after the contract takes effect.
  • One year after the contract takes effect, producers that don't comply may not sell packaged products in Maine.
  • After that, the annual cycle is: report by May 31, invoice by July 1, payment by September 1.

Who's covered

Maine's law covers packaging material, not paper products. The producer is identified in this order:2

  • The manufacturer, if the product is sold under its own brand or carries no brand.
  • The licensee, a company licensed to make and sell the product under someone else's brand.
  • The brand owner.
  • The US importer of record, if none of the above is in the United States.
  • The first distributor into the state.

For online sales, shipping packaging belongs to the person that packages the item for delivery. Franchisors are the producer for their franchisees in Maine. Responsibility can be transferred to another company by signed agreement, with written certification to the stewardship organization.2 See Are you the producer?

Exemptions

  • Gross revenue under $2 million. For a period starting one year after the contract and ending three years after it, the threshold rises to $5 million.2
  • Under 1 ton of packaging sold into Maine.
  • More than half of revenue from salvage, closeouts, bankruptcies or liquidations.
  • The first 15 tons of packaging used for perishable food, added in 2025.2,5

Excluded packaging includes bottle-bill beverage containers, packaging for durable products usable for five years or more, and some paint containers. DEP may exclude certain federally regulated packaging, such as drug and medical-device packaging, by rule. We found no such rule adopted yet.2

What it will cost

Payments haven't been set yet. The law requires them to be based on the amount of each type of packaging, and to cost more for packaging that isn't readily recyclable. The rules must also reward recycled content, lower toxicity, less material, reuse and accurate labeling.2

In March 2026, DEP added a Packaging Material Types List to its rules, which classifies materials as readily recyclable, compostable or reusable. It is the best current guide to how your packaging will be treated.3

Low-volume producers, with between 1 and 15 tons, will pay a flat fee of no more than $500 per ton and no more than $7,500 a year.2

Enforcement

The packaging law's own tools are a sales ban for non-compliant producers and public lists of compliant and non-compliant producers and brands.2 DEP's general enforcement statute provides civil penalties of $100 to $10,000 per day, and more for repeat violations. We read it as applying to this program, though DEP hasn't said so publicly.6

What to do now

  1. Sign up for DEP's updates so you know when the revised RFP is issued and when a contract is signed.3
  2. Check the exemptions, including the perishable-food allowance and the low-volume flat fee.
  3. Classify your packaging against DEP's Packaging Material Types List.
  4. Build Maine tonnage data now. When registration opens, you'll have 90 days.

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Sources

  1. Maine DEP bulletin, Sept. 11, 2026. govdelivery.com
  2. 38 M.R.S. §2146 (stewardship program for packaging). legislature.maine.gov
  3. Maine DEP, Extended producer responsibility program for packaging. maine.gov/dep
  4. Farella Braun + Martel, “Maine DEP receives no proposals to act as the stewardship organization”. fbm.com
  5. Maine Board of Environmental Protection, Chapter 428 staff memo (Oct. 2025). PDF
  6. 38 M.R.S. §349 (penalties). legislature.maine.gov

What changed

  • October 2, 2026 First published.

General information, not legal advice. This guide summarizes laws, rules and program documents as we read them on the review date above. These programs change often, and how a law applies depends on your products, contracts and facts. For a formal opinion, consult counsel. Producer Desk is not a law firm.