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Maine EPR obligation

Last verified

Under the rules we hold, Maine has a packaging EPR obligation, and the producer is the manufacturer, brand owner, importer, or franchisor. The size limit on record is $2,000,000, so small producers may fall below it. The answer depends first on whose brand is on the packaging.

Decision card for the Maine packaging EPR check: who the producer is, which limits apply and what each result means.Obligation checker: Do I owe packaging EPR in Maine?. 33 rule fields with a source 3 size limits on record 8 cases worked throughObligation checkerDo I owe packaging EPR in Maine?33 rule fields with a source3 size limits on record8 cases worked through
Source: Maine rules in the Instica data set, last reviewed September 29, 2026

Check your own case

Choose your role, add your revenue and the packaging you supply, and the checker applies the rules this page describes to your figures. It runs in your browser and stores nothing.

Revenue
Packaging materials
Packaging levels
Whose brand is on the products

Preliminary. This is what the encoded rules indicate for your answers, not legal advice. You check it, then sign and submit yourself.

My packaging EPR check

The Instica free plan covers the threshold check, exemption tracking, the deadline calendar, packaging templates and fee sources, so you can start without paying. See what the free plan includes

How the checker reaches a result

The checker asks the same questions in the same order for every place, and it stops with a result as soon as a question settles the matter. It never fills a missing answer in for you.

  1. Whose brand is on the packaging? If it is another company's brand, you are not the producer for those goods under the roles recorded for Maine. If you have not said, the checker asks first.
  2. Do you sell into Maine? A place where you report no sales returns not obligated.
  3. Does a size limit apply? The checker compares your revenue or packaging weight with each limit on record and, where a limit is not met, returns below threshold.
  4. Is an exemption on record for your case? An exemption that is not yet verified is never assumed, and the checker asks for more data instead.
  5. Are related companies counted together? Where the rules add up affiliated companies, their figures are combined before the limits are compared.

Who is the producer in Maine?

The first question is whose duty it is. Maine assigns the duty by packaging level, and the table shows which roles count as the producer at each level.

Producer by packaging level in Maine
Packaging levelProducer
primary (sales) packagingmanufacturer, brand owner, importer, or franchisor

Find the row that describes you. Where more than one role appears in a row, the checker asks whose brand is on the product before it gives a result.

Does revenue matter in Maine?

Size limits in Maine

Some rules switch the duty on or off by size. These are the limits on record for Maine, each with what happens when you meet it.

The revenue limit: $2,000,000

Maine: the revenue limit is $2,000,000. Maine: at the revenue limit of $2,000,000, the producer is exempt below it. Maine: the revenue limit of $2,000,000 applies to figures below it. Maine: the revenue limit is counted as follows: total gross revenue, prior calendar year.

Original wording

The producer realized less than $2,000,000 in total gross revenue during the prior calendar year
Paraphrase: The source sets the revenue limit at $2,000,000.

Source: legislature.maine.gov: title38sec2146

The tonnage limit: 1 short ton

Maine: the tonnage limit is 1 short ton. Maine: at the tonnage limit of 1 short ton, the producer is exempt below it. Maine: the tonnage limit of 1 short ton applies to figures below it. Maine: the tonnage limit is counted as follows: packaging material sold into Maine, prior calendar year.

Original wording

products contained, protected, delivered, presented or distributed in or using less than one ton of packaging material in total
Paraphrase: The source sets the tonnage limit at 1 short ton.

Source: legislature.maine.gov: title38sec2146

The tonnage limit: 15 short tons

Maine: the tonnage limit is 15 short tons. Maine: at the tonnage limit of 15 short tons, a reduced obligation applies. Maine: the tonnage limit of 15 short tons applies to figures below it. Maine: the tonnage limit is counted as follows: packaging material, prior calendar year; more than one ton and under 15 tons.

Exemptions in Maine

An exemption removes the duty for a producer that meets its conditions. Some must be applied for; others apply on their own.

Exemption 1

Exemption 1: A nonprofit organisation exempt under 501(c)(3) is not a producer. Maine: exemption 1 applies without an application.

What the rules cover in Maine

A duty applies only to the packaging and the sales channels that the rules cover. This is what is on record for Maine.

Maine: the rules cover these sales channels: physical retail, remote sales, and other distribution. Maine: a producer may pass the duty to another party under the rules.

Every case, worked through

Below, the same engine that powers the checker is run on a set of standard cases for Maine. Each case states the input, the result and the next step. The figures are test inputs set at half, equal to and twice each recorded limit, read as of September 29, 2026; they are not rules.

Revenue of $1,000,000: below the limit

Your own brand is on the goods and your revenue is $1,000,000, half the limit of $2,000,000. The figure is under the $2,000,000 limit, so the engine returns below threshold: the exemption on record applies. Result: below threshold. Next: keep the figures that put you below the limit, and check again as you grow.

Revenue of $2,000,000: exactly at the limit

Your own brand is on the goods and your revenue is $2,000,000, exactly the limit of $2,000,000. The rules for Maine set a limit that needs a figure this case does not supply, such as a different measure or unit, so the engine asks for more data. Result: more data needed. Next: supply the missing answer in the checker to get a result.

Revenue of $4,000,000: above the limit

Your own brand is on the goods and your revenue is $4,000,000, twice the limit of $2,000,000. The rules for Maine set a limit that needs a figure this case does not supply, such as a different measure or unit, so the engine asks for more data. Result: more data needed. Next: supply the missing answer in the checker to get a result.

Packaging of 0.5 short tons: below the limit

Your own brand is on the goods and you supply 0.5 short tons of packaging, half the limit of 1 short ton. The figure is under the 1 short ton limit, so the engine returns below threshold: the exemption on record applies. Result: below threshold. Next: keep the figures that put you below the limit, and check again as you grow.

Packaging of 2 short tons: above the limit

Your own brand is on the goods and you supply 2 short tons of packaging, twice the limit of 1 short ton. The rules for Maine set a limit that needs a figure this case does not supply, such as a different measure or unit, so the engine asks for more data. Result: more data needed. Next: supply the missing answer in the checker to get a result.

Packaging of 7.5 short tons: below the limit

Your own brand is on the goods and you supply 7.5 short tons of packaging, half the limit of 15 short tons. The rules for Maine set a limit that needs a figure this case does not supply, such as a different measure or unit, so the engine asks for more data. Result: more data needed. Next: supply the missing answer in the checker to get a result.

Packaging of 30 short tons: above the limit

Your own brand is on the goods and you supply 30 short tons of packaging, twice the limit of 15 short tons. The rules for Maine set a limit that needs a figure this case does not supply, such as a different measure or unit, so the engine asks for more data. Result: more data needed. Next: supply the missing answer in the checker to get a result.

Above every limit

Your own brand is on the goods and every figure is above every limit on record. The limit is met, so the engine returns obligated. Result: obligated. Next: register, report and pay as the sections below describe, and prepare your figures in a workspace.

If you owe: what happens next

If the result is obligated, these are the steps on record for Maine. You register, report and pay yourself; Instica prepares the figures and the files.

Maine: registration is made with Producers register with the stewardship organization (not yet contracted). Maine: registration is made by this party: The producer.

Maine: producers meet the duty through a single producer responsibility organisation. Maine: membership of an organisation is not required. Maine: an authorised representative is not required.

Deadlines on record

Frequently asked questions

Do I owe packaging EPR in Maine?

Under the rules we hold, Maine has a packaging EPR obligation, and the producer is the manufacturer, brand owner, importer, or franchisor. The size limit on record is $2,000,000, so small producers may fall below it. The answer depends first on whose brand is on the packaging.

Who is the producer in Maine?

At the primary packaging level the producer is the manufacturer, brand owner, importer, or franchisor. The table above lists the other levels.

Is there a size limit in Maine?

Yes. The limit on record is $2,000,000; below it the rules treat you differently, as the cases above show.

Do I have to join a producer responsibility organisation in Maine?

Membership of an organisation is not required under the rules we hold.

Will Instica register or file for me in Maine?

No. Instica measures, estimates and prepares your figures and files. You register, sign and submit each filing yourself, and Instica never stores portal credentials.

How to read these figures

Every figure in the app carries a data-quality label: measured, supplier, estimated or declared. How we measure and label figures. This page is information, not legal advice.

Our reviewers.

Sources

  1. legislature.maine.gov: title38sec2146 retrieved
    Original wording: a producer is exempt from the requirements and prohibitions of this section in any calendar year in which:
    Original wording: "Producer" means: (1) For a product contained, protected, delivered, presented or distributed in or using packaging material
    Original wording: The producer realized less than $2,000,000 in total gross revenue during the prior calendar year
    Original wording: products contained, protected, delivered, presented or distributed in or using less than one ton of packaging material in total
    Original wording: more than one ton but less than 15 tons of packaging material in total
    Original wording: does not include a nonprofit organization exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3)
    Original wording: "Packaging material" means a discrete type of material, or a category of material
    Original wording: enters into a signed agreement with another person to assign the responsibility to act as producer
  2. maine.gov: epr retrieved
    Original wording: Within 90 days of the SO making a registration mechanism available, producers must register with the SO.
    Original wording: Maine DEP to Revise Request for Proposals for Stewardship Organization. (September 11, 2026)
    Original wording: Producers of packaging material will annually report to the SO by May 31.
    Original wording: Producers will be invoiced by July 1 and payment will be due to the SO by September 1.