In summary, that law and Maine DEP regulations at Chapter 428 require producers of packaging on goods sold in Maine to register, report, and pay fees on that packaging. Under the program, the Maine DEP will contract with a “Stewardship Organization”[1] that will implement the program including the setting, collection, management and disbursement of the fees. The objective of the law is to reduce the amount and toxicity of materials used in packaging and to shift the cost of managing disposed packaging materials from municipalities to the producers of the materials.
At the time of my blog post, the state expected that packaging producers would need to start coming into compliance with the law and regulations by filing registrations in the Spring of 2026. Since then, Governor Mills has signed a bill making changes in the law and the implementation date has slipped. Now producers should be prepared to start coming into compliance by registering sometime in late 2026 or early 2027. [2]
According to the DEP
[o]nce [DEP] contracting [with the Stewardship Organization] is complete, the Stewardship Organization will begin preparing the registration mechanism. Once the mechanism for start-up registration is made available by the Stewardship Organization, producers will have 90 days to register. Start-up registration will require a producer to estimate and report on the tons of packaging material produced during the timeframe identified in the contract between the Department and the Stewardship Organization. The Department will provide notification when start-up registration is open through a future newsletter.
Under the Department’s regulations, the Stewardship Organization will invoice packaging producers for a startup registration fee within 180 days of the contract with the Sustainability Organization, with payment likely due in Spring 2027. Municipalities which choose to participate in the program will be required to register and report to the DEP regarding their management of packaging materials and costs incurred. In return, the Sustainability Organization will provide funds to the municipalities from the fees paid by producers to defray the municipalities’ costs of managing those materials.
The Department expects to issue guidance for municipalities and for producers in the summer of 2026. Department announcements regarding the program can be accessed at this website: Extended Producer Responsibility for Packaging, Waste Management, Maine Department of Environmental Protection.
While somewhat delayed, it appears that Maine’s packaging EPR program remains on track. Meanwhile, according to the U.S. Packaging EPR Atlas elsewhere in New England Vermont, Rhode Island and Connecticut are in the needs assessment phase of considering packaging EPR legislation whereas a packaging EPR bill is before the Massachusetts legislature. It remains to be seen whether producers will ultimately challenge Maine’s law or any of the legislation that may be passed in other New England states as they have in California[3] and Oregon[4].
[1] Also often referred to as a “Producer Responsibility Organization” or “PRO.” A not-for-profit known as The Circular Action Alliance is the PRO in California, Colorado, Maryland, Minnesota, Oregon and Washington, all six of the other states which currently have packaging EPR laws. About — Circular Action Alliance
[2] On June 15, 2026 the Maine Department of Environmental Protection issued a Request for Proposals from Stewardship Organizations. According to the DEP announcement “[t]he Stewardship Organization will be contracted by the Department to administer the day-to-day operations of the Stewardship Program for Packaging. For a timeline and a copy of the Request for Proposals, visit the Office of State Procurement Services Vender Self-Service System.” The solicitation will close on August 23, 2026, and the DEP expects the SO contract to begin on September 15, 2026. Shape Maine’s Packaging Future: DEP Announces Stewardship Program RFP and Key Updates.
[3] Nebraska v. Heller, No. 2:26-cv-02214-DC-CKD (E.D. Cal. July 20, 2026) LIVE 1.8.5 NEXTGEN CM/ECF – U.S. District Court for Eastern California
[4] Nat’l Assoc. of Wholesaler-Distribs. V. Feldon, No. 3:25-cv-01334-SI (D. Or. July 17, 2026) CM/ECF – USDC Oregon
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