EPR Compliance — Your Questions Answered

EPR shifts the cost and responsibility of packaging waste management from taxpayers to producers. If you sell packaged products in states with EPR laws, you must register with a Producer Responsibility Organization (PRO), report your packaging weight annually, and pay fees based on the type and amount of packaging you sell into that state.

As of 2026, seven states have enacted EPR packaging laws: California (SB 54), Oregon (SB 582), Colorado (HB 22-1355), Minnesota (HF 3911), Maryland (SB 901), Washington (SB 5284), and Maine (LD 1541). California, Oregon, and Colorado have active fee programs. The remaining states are in registration or pre-launch phases.

You are likely covered if you are a brand owner, licensee, or importer who sells packaged products into an EPR state. Each state has different exemption thresholds — for example, California exempts brands under $1M in CA sales, and Oregon exempts brands under $5M in global revenue. Use our free Am I Covered? checker to find out in 60 seconds.

Penalties are severe and vary by state. California can impose up to $50,000/day, Colorado up to $20,000 plus $6,000/day for ongoing violations, and Minnesota up to $100,000/day for repeat violations. Non-compliance can also restrict your ability to sell products in those states. The sooner you register and report, the lower your risk.

EPR fees are calculated per kilogram of packaging sold into each state, with rates varying by material type (recyclable plastic, glass, aluminum, etc.). Fees range from a few cents to over $1 per kg depending on the state and material. Use our free EPR fee calculator to estimate your annual costs across all 7 states.

Yes. Eco-modulation credits can reduce fees by 15-30%. Key strategies include switching to mono-material packaging, increasing post-consumer recycled (PCR) content to 30%+, adding consumer recycling labels, and lightweighting packaging. Fees are per kg, so any weight reduction directly lowers costs.

A PRO is the organization designated by each state to collect fees, manage reporting, and fund recycling infrastructure. In California it's CalRecycle, in Oregon it's the Oregon Department of Environmental Quality (DEQ) working with Circular Action Alliance, and in Colorado it's Circular Action Alliance. You must register with the PRO in each state where you sell packaged products.

Each state has different exemption thresholds. California exempts brands with under $1M in annual CA revenue. Oregon exempts brands under $5M in global revenue. Colorado exempts brands under $5.5M in annual gross revenue. Even if exempt from fees, you may still need to register and report your packaging data. Check each state's rules carefully — the exemptions are narrower than they appear.

Registration is done through each state's designated PRO. You'll need to provide your business information, list of packaging materials, and estimated weights sold into each state. The process varies by state — some are fully online, others require paper forms. Registration deadlines differ: California's first reporting deadline was March 2026, Oregon's is July 2026.

You need to report the total weight of packaging sold into each EPR state, broken down by material type (plastic, glass, aluminum, paper, etc.). Most PROs require SKU-level data that maps packaging components to material categories. The more granular your data, the more accurately your fees are calculated — and the more eco-modulation credits you can claim.