Short answer: Dietary supplement brands are generally covered by the state packaging EPR laws like other brand owners. FDA regulates dietary supplements as a category of food, not as drugs, so exemptions written for drug packaging generally do not apply. Maryland is a clear example: supplement packaging is not on the state's exempt materials list, and CAA registration there was due May 31, 2026.
Why supplements get caught off guard
Many supplement brands assume health related products are exempt. The exemptions in these laws are narrow. Maryland's law, for example, exempts packaging for infant formula, medical foods, certain enteral nutrition, and FDA regulated drugs and medical devices. Dietary supplements are not on that list. A 2026 bill in Maryland, SB 926, proposed adding supplement packaging to the exempt list, which shows the gap under current law. Check MDE for the current status of any change.
Where each state stands for a supplement brand
| State | Where the program stands |
|---|---|
| California | Permanent regulations in effect since May 2026; CAA's plan under CalRecycle review. |
| Colorado | Participation required to sell since July 2025; annual dues since January 2026. |
| Oregon | Operating since July 2025; prior year supply data due to CAA every May 31. |
| Washington | CAA membership required since July 1, 2026; 2027 early fees published. |
| Maryland | COMAR 26.04.14 in effect; CAA registration was due May 31, 2026. |
| Minnesota | Needs assessment phase; producer funding from February 2029. |
| Maine | Rules adopted; schedule on hold while DEP revises its stewardship organization solicitation. |
Packaging that supplement brands need to document
- Bottles and jars, usually HDPE, PET or glass, with weights by size.
- Closures, induction seals, shrink bands and child resistant caps.
- Pouches and sachets, which are often multi material films with little supplier documentation.
- Labels, folding cartons, inserts and shipper cases.
- Items like scoops and desiccants, which raise classification questions; check each program's definitions and CAA guidance.
Producer questions that come up for supplements
- Contract manufacturers. Most supplement brands use contract manufacturers, but in most states the brand owner sits at the top of the producer hierarchy. The contract manufacturer usually holds the specs you need.
- Thresholds. Small producer thresholds differ by state. Maryland excludes producers under one ton of covered material in the state or under $2 million in global gross revenue; California describes a small producer exemption under $1 million in gross annual sales.
- Online sales. Units shipped directly to consumers in EPR states count toward what you supply into those states, so ecommerce data needs to be allocated by state too.
How CertaRelay helps supplement brands
- Collect bottle, closure, seal and pouch specifications from suppliers and contract manufacturers.
- Build one packaging record by SKU and size, with the source behind every value.
- Allocate retail and online units by state and prepare reports for your approval.
- Track Maryland, Washington and California milestones and forecast fees.
Frequently asked questions
Are dietary supplements exempt from packaging EPR?
Generally no. FDA regulates dietary supplements as food, so exemptions for drug packaging generally do not apply. In Maryland, supplement packaging is not on the exempt materials list under current law.
Is a medical food exemption the same as a supplement exemption?
No. Maryland exempts packaging for medical foods, which are a separate FDA category. Dietary supplements do not qualify under that exemption.
When was Maryland registration due?
Producer registration and 2025 supply data through CAA were due May 31, 2026, and CAA accepted June 1 because May 31 fell on a Sunday. If you missed it, contact CAA and see our guide to missed EPR deadlines.
Who reports if our contract manufacturer packs the product?
In most states the brand owner is the producer, even when a contract manufacturer fills and packs the product. Private label products made for retailers need a closer reading.