EPR Compliance Checklist for Brands
May 1, 2026 · 5 min read
EPR packaging compliance isn't optional, and it isn't simple. Seven states have active laws with different thresholds, deadlines, PROs, and fee structures. Here's a step-by-step checklist to get — and stay — compliant.
The 7-step EPR compliance checklist
Whether you're a brand owner, licensee, or importer, these are the steps you need to follow for every state where you're obligated:
01 — Confirm your EPR obligations
Not every brand is covered. Each state sets its own thresholds based on revenue, packaging weight, or number of SKUs sold in-state. A brand can be exempt in Oregon but fully obligated in California.
02 — Register with your state PRO(s)
Each EPR state designates a Producer Responsibility Organization (PRO) to manage compliance. You must register separately with each state's PRO before you can report or pay fees. Registration deadlines vary — some are already past.
03 — Inventory your packaging by material type
You'll need total packaging weight broken down by material category for every state you sell into. The standard material categories are: recyclable plastic, non-recyclable plastic, corrugated cardboard, paperboard, glass, aluminum, and steel. Multi-material packaging may need to be reported per component.
04 — Identify eco-modulation credits
Eco-modulation means fee rates vary by material recyclability — non-recyclable materials cost 2–5× more per pound. Common ways to reduce fees: switch to recyclable mono-materials, avoid detriment materials (CO: +5% malus), qualify for High Recycling Rate Bonus (CO: −5%), and source reduce. Savings from switching recyclable vs. non-recyclable can reach 55–81%.
05 — Submit your annual packaging report
File your packaging weight data with each state's PRO by the reporting deadline. May 31, 2026 is the harmonized deadline for 6 states. Reports must include weight by material type, producer information, and any eco-modulation data you're claiming.
06 — Pay your EPR fees
After your report is filed, the PRO will issue a fee invoice based on your packaging weight, material type, and eco-modulation credits. Payment timelines vary by state. Some states invoice within 60 days of report submission; others operate on annual billing cycles.
07 — Set up ongoing compliance
EPR isn't a one-time filing. You'll report annually, fees change as rates update, and new states are coming online every year (Illinois and New Jersey have bills in committee; New York's S 1464 remains in Senate Rules). Build a system to track packaging data year-round so you're not scrambling at deadline time.
Which states require EPR compliance right now?
Seven states — California, Oregon, Colorado, Minnesota, Maryland, Washington, and Maine — currently have active EPR packaging laws, each with its own thresholds and deadlines. See which states have EPR packaging laws →
Non-compliance carries steep penalties — up to $100K per day in some states. Learn what happens if you miss an EPR deadline →
Common mistakes brands make
- Assuming you're exempt. Revenue thresholds vary by state. You can be exempt in Oregon but fully obligated in California. Always check.
- Registering too late. Some PRO registration deadlines have already passed. Late registration can trigger penalties.
- Reporting by SKU count instead of weight. EPR fees are based on packaging weight by material type, not number of products sold.
- Ignoring eco-modulation. Non-recyclable materials cost 2–5× more per pound than recyclable ones. Brands that don't switch to recyclable formats can overpay by 55–81% on rigid plastic.
- Missing the May 31 deadline. Six states share a harmonized reporting deadline. Missing it means daily penalties in most states.
- Treating EPR as a one-time filing. Reporting is annual. Fees change. New states come online every year. Build a system, not a one-off task.
Not sure where to start?
Our free tools help you check your obligations and estimate your fees in 60 seconds.