Extended Producer Responsibility (EPR) is gaining real traction across the United States, changing the way companies are expected to manage the end-of-life impacts of their products. As of 2025, seven states have passed EPR laws for packaging and printed paper, shifting much of the responsibility from local governments to producers. Maine and California focus only on packaging, with California going a step further by becoming the first in the nation to pass a textiles EPR law. Colorado, Oregon, Minnesota, Maryland, and Washington have taken a broader approach that also includes printed paper. With six more states considering legislation, EPR is quickly becoming a defining part of recycling and materials management in the U.S.
One piece of the conversation that hasn’t received as much attention is how these laws treat business-to-business (B2B) packaging. For industries that already have well-established systems to reuse and recycle commercial packaging, the inclusion of B2B materials in EPR programs raises some real concerns. All seven state programs bring secondary and tertiary packaging used in B2B transactions into scope in some way, but each state handles it differently. The result is a patchwork of rules that recognize, to varying degrees, the unique challenges and established end-of-life management practices that already exist for B2B packaging.
Colorado
Colorado takes one of the clearest positions in excluding B2B packaging. Its law expressly removes from scope packaging used solely in B2B transactions, as well as materials for transportation or distribution to non-consumers. “Consumers” are defined narrowly to exclude industrial and manufacturing facilities, and packaging used strictly in industrial, or manufacturing processes is exempt altogether.
Oregon
Oregon does not go as far as Colorado but carves out targeted exemptions. Specialty packaging used exclusively in industrial, or manufacturing processes is excluded, along with rigid pallets. Oregon also allows exemptions for materials recycled outside the curbside system, provided they are sent to a responsible end market. This provision captures many B2B packaging streams already managed through established commercial recycling channels.
California
California takes the most expansive approach. Unlike Colorado or Oregon, it does not exempt packaging used in industrial or manufacturing processes or rigid pallets. An exemption exists for materials recycled outside the curbside system, but only if high recycling rates are achieved (65% until 2027 and 70% after 2027), thresholds many B2B programs may struggle to meet.
Recent draft regulations offer some limited relief. Empty or unused packaging is excluded, and the definitions of “reuse” and “refill” have been relaxed so B2B packaging can qualify if used multiple times for the same good. Still, packaging repurposed for different uses, like refurbished bulk containers, may not qualify. Once the rules are finalized, producers will have just 30 days to register and report data, creating immediate compliance pressures.
Maine
As the first state to adopt packaging EPR, Maine’s program is still evolving and has fewer detailed provisions on B2B packaging. To date, no clear exemptions exist, leaving questions for industries that rely on specialized commercial recycling streams.
Minnesota, Maryland, and Washington
The three most recent states to pass packaging EPR laws are still in the early stages of implementation. None has yet provided detailed rules specific to B2B packaging, though each is expected to consider exemptions for certain industrial materials and existing recycling systems.
For printers, the way EPR laws handle business-to-business packaging creates uncertainty. Bulk shipping cartons, pallets, and protective packaging used to move printed products between businesses may be covered in some states but exempt in others. Since many printers work mainly with commercial clients rather than end consumers, these rules could directly affect their reporting duties and costs. The key takeaway is simple: if you’re operating in a state with EPR in place, don’t assume your B2B packaging is out of scope. Take the time to check your producer status and how your materials are classified as you might have to register and pay a fee for the packaging you use to ship products to your customers.
In this article, Sara Osorio, Coordinator, EHS Affairs, PRINTING United Alliance, provides an overview B2B requirements under EPR. More information sustainability can be found at Business Excellence-EHS Affairs or reach out to Sara directly if you have questions about how these issues may affect your business: sosorio@printing.org.
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