EPR Deep Dive: Maine
Background
Maine’s LD 1541 was signed into law in 2021, making it the first of six states to greenlight Extended Producer Responsibility (EPR) laws. The goal of Maine’s EPR program is to reduce packaging waste volume, increase the amount of recyclable packaging material introduced to the market, and reduce packaging toxicity. Companies will work with the state’s Stewardship Organization (SO) and pay fees to cover the program’s costs. Covered producers must prepare to adjust supply chains and actively innovate on packaging design in order to meet these goals.
Download our EPR Bulletin for more essential information.
What Companies Are Affected?
Maine’s EPR law defines a producer as the brand owner of the packaged product, or the sole importer of the product into Maine. However, not all companies are covered under LD 1541. Non-covered entities include:
Producers with less than $2,000,000 in gross annual revenue.
Producers whose Maine sales used less than 1 ton of packaging.
Producers that realized more than 50% of total gross revenue from the sale of goods acquired through insurance salvages, closeouts, bankruptcies, and liquidations.
Producers of perishable food selling products with less than 15 tons of total packaging materials.
These exemptions are more generous than in some other states, which may incentivize smaller producers to get a head start on packaging audits to determine whether they are obligated under LD 1541.
Notably, Maine allows producers to establish and participate in alternative programs to collect and manage packaging material. However, such a program must be approved by the Department of Environmental Protection (DEP) under stringent guidelines—making participation in the centralized and pre-approved SO a much more practical choice.
Key Deadlines
Maine packaging producers covered under the EPR law have several key dates to keep in mind as the program gets off the ground.
May, 2026: Producers must register with the SO and report initial data.
September, 2026: Producers remit start-up fees to the SO.
September, 2027: Producers make first annual payments for packaging materials produced or introduced to the market in Maine during 2026.
October, 2027: SO remits first payments to municipalities.
February, 2028: The DEP gives a comprehensive program rule review and outlines any proposed changes.
These dates are the current anticipated schedule and are subject to change.
Maine EPR Program Requirements
In order to meet the goals of reducing packaging volume and toxicity while increasing recyclability, Maine packaging producers will need to comply with several program requirements for many years to come. These include:
Registering with Maine’s Stewardship Organization, Circular Action Alliance by May, 2026.
Annual reporting on types and quantity of packaging materials sold in the state.
Paying fees to the SO to cover waste collection and management by municipalities.
Complying with inspections and audits by the state.
Maine’s EPR exact fees are yet to be confirmed by CAA. The scale will be based on volume of packaging but also trigger higher fees based on lack of recyclability and material toxicity. The DEP’s December, 2024 update to the rule draft includes fee guidelines including the following.
Producers pay the average per-ton cost for recycling, reusing, or composting readily recyclable packaging materials for each ton produced.
Packaging materials that are not readily recyclable incur fees 2-5 times the average per-ton cost of the most expensive readily recyclable material type, depending on whether recyclability goals are met.
Packaging material that does not meet post-consumer recycled material goals incur a 10% fee per ton.
Packaging materials that are not certified as free of intentionally-added toxics incur a 10% fee.
Brands that are consistently in the top 5 in litter audits for 3 consecutive years must pay a fee of 10% of their annual registration fee.
See the DEP’s 2024 posting draft for more detailed information on Maine EPR fees.
Noncompliance Penalties
Maine’s LD 1541 does not include specific fine amounts. However, it includes provisions on enforcement and empowers the DEP to adopt future enforcement mechanisms including monetary penalties for noncompliant producers. As fines for EPR noncompliance in Maine may come into play soon, maintaining compliance with the SO will result in minimal disruption upon program implementation.
Maine EPR Best Practices
To comply with Maine’s EPR law, covered producers have a heavy lift ahead. Start strategizing now and apply these best practices to meet program requirements in 2026 and beyond.
SO Participation
Be sure to register with Circular Action Alliance as soon as possible to stay updated on news and requirements.Early Auditing
Design and conduct a packaging materials audit to prepare for data reporting and packaging changes to minimize fees.Supply Chain Evaluation
Engage your supply chain partners to ensure they have an understanding of Maine’s EPR requirements and work together to find ways to minimize packaging and keep feels low.Expert Engagement
EPR compliance is a challenge for any company, no matter the size or operational experience. Consider engaging an expert like Snaplinc Consulting to streamline and simplify your compliance journey.
Maine EPR Support From Snaplinc
Snaplinc Consulting understands that EPR regulations bring complexities and difficulties to any business. We’re ready to help with a suite of EPR services to assist with:
PRO Navigation: From understanding your responsibilities to joining CAA.
Comprehensive Compliance Audits: Identify areas where change is necessary under your state’s EPR laws.
Packaging Innovation: Insights to transition to sustainable and compliant packaging solutions and strategies.
EPR Training: Comprehensive programs and internal education that empowers teams across your organization to implement best practices.
Monitoring & Reporting: Stay up to date with upcoming regulatory changes and get assistance in submitting complete reports to regulators and stakeholders.
EPR requirements are significant, but they don’t have to balloon your budget or derail your business. Partnering with Snaplinc Consulting turns EPR compliance into an opportunity to improve operations and enhance your sustainability credentials while complying with state law. Schedule a meeting with us today to learn how we can simplify your packaging responsibilities under Maine’s EPR law.
