At a glance
- Status
- Start-up. Rules effective May 25, 2026. Plans due July 1, 2028.1
- Law
- Environment Article §9-2501 et seq. (2023, amended by 2025 ch. 431); COMAR 26.04.14.
- PRO
- Circular Action Alliance (the only approved PRO).
- What's covered
- Packaging, including beverage containers and food serviceware, and paper products.
- Small-producer exemption
- Under $2M global gross revenue, or under 1 ton.
- Sales restriction
- From October 29, 2028, unless the state sets a later date.
- Penalties
- $5,000 to $20,000 per violation, after a 60-day cure period.
Who's covered
Maryland covers packaging, including beverage containers and food serviceware, and paper products.1 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.
Shipping packaging for online sales belongs to the person that packages the item to be shipped. Franchisors are responsible for their franchisees. A producer that has an agreement under which another company assumes responsibility, by written certification, is not the producer.2 See Are you the producer?
Exemptions
A de minimis producer, with under 1 ton of covered materials or under $2 million in global gross revenue, is exempt.2 Maryland also excludes in-state restaurants and food carts that don't produce food serviceware, single retail stores with no online sales that aren't part of a franchise or chain, and alcohol licensees with under $10 million in revenue.2
Exempt materials include packaging for infant formula, medical food and supplements; FDA-regulated drugs and devices; FIFRA-regulated pesticides; durable products of five years or more; and business-to-business packaging.1,2
What you have to do, and when
Circular Action Alliance is the only approved PRO in Maryland.1,3 Producers that are CAA members are covered by CAA's registration with the state, rather than registering separately.1
| Date | Milestone |
|---|---|
| May 25, 2026 | Program regulations (COMAR 26.04.14) take effect |
| May 31, 2026 | CAA's deadline for producers to register and file a simplified 2025 report |
| July 1, 2026 | PRO registers with the state, covering its members; renewed annually |
| July 1, 2028 | Producer responsibility plans due |
| July 1, 2028 | PRO reimburses at least 50% of local costs (75% in 2029, 90% in 2030) |
| October 29, 2028 | No sales without an approved plan, unless the state sets a later date |
Sources: Maryland Department of the Environment; 2025 Md. Laws ch. 431; CAA.1,2,3,4
What it will cost
Fees haven't been set. The law requires them to cover rising shares of local recycling costs and to be higher for packaging with low recyclability or low recycled content.2 CAA has said fee collection will likely begin before July 2028.3 The state has said later rules will cover goals, eco-modulation, fees and reimbursements.1
Enforcement
Penalties apply after written notice and a 60-day period to fix the problem:5
| Violation | Penalty |
|---|---|
| First | $5,000 |
| Second | $10,000 |
| Third or later | $20,000 |
Each day after the cure period counts as a separate violation. A PRO that misses performance goals can face penalties of up to $250,000.5
What to do now
- Confirm you're on CAA's Maryland producer list. The state posts it.1
- Check the de minimis tests and the Maryland-specific exclusions.
- Watch for the next rulemaking on fees and eco-modulation, which will set what you pay.
Not sure where you stand?
Tell us about your products and where you sell. We'll reply in writing with the states where you're obligated, the rule that puts you there, and the deadline. Free, and no call required.
Related guides
Sources
- Maryland Department of the Environment, Producer responsibility for packaging and paper products. mde.maryland.gov
- Maryland 2025 Laws ch. 431 (SB 901), enrolled text. mgaleg.maryland.gov
- Circular Action Alliance, Maryland. circularactionalliance.org
- Maryland Register Vol. 53, Issue 10 (final action on COMAR 26.04.14). dsd.maryland.gov
- Maryland Department of Legislative Services, SB 901 fiscal and policy note (2025). mgaleg.maryland.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.