Skip to content

Evidence library

7 US states have packaging extended producer responsibility (EPR) laws; California bans plastic checkout bags

With no federal plastics law, US states are acting: seven have packaging extended producer responsibility (EPR) and California ended plastic checkout bags from 1 January 2026.

Authors / organisation
Assent / Packaging Dive (industry trackers)
Year
2026
Journal or publisher
Assent
Study type
Institutional report
Evidence strength
Evidence: Medium
Sample / scope
US state legislation as at 2026
Key finding
Seven US states have packaging EPR laws; California bans all plastic checkout bags from 1 January 2026; no federal plastics law exists.
Headline number
7 US states with packaging EPR laws
Caveats / how it is misquoted
Industry tracker; EPR fee collection only starting in 2026, so no outcome data yet.
Open access
Yes
Verified on
22 September 2026

The United States has no federal law on plastic packaging, so policy is being made state by state.

Seven states have passed packaging extended producer responsibility (EPR) laws requiring companies to fund recycling: Maine (2021), Oregon (2021), Colorado (2022), California (SB 54, 2022), Minnesota (2024), Maryland (2025) and Washington (2025). 2026 brings the first producer reporting and fee deadlines in California, Colorado, Oregon, Maryland, Minnesota and Washington. California's SB 1053 bans all plastic checkout bags from 1 January 2026, closing the loophole that allowed thicker 'reusable' plastic bags; paper bags must contain at least 40% recycled content and cost at least 10 cents. Around a dozen states and hundreds of cities have bag bans or fees.

The state-led approach matters because California alone is the world's fifth-largest economy, so its rules shape national packaging design.

Several states also have laws pre-empting local bans, and EPR programmes are only beginning to collect fees, so results are not yet available.

Sources last verified 22 September 2026. Page updated 23 September 2026. How we check sources