EPR Compliance FAQ — Common 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. Illinois, New Jersey, and New York have bills in progress. See the full state-by-state breakdown.

May 31, 2026 is the harmonized EPR reporting deadline for six states: California, Oregon, Colorado, Minnesota, Maryland, and Washington. Maine has separate reporting timelines. After the initial deadline, reporting is annual — but each state has its own fee payment schedule and renewal dates. See the full deadline calendar for all key dates.

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.

Yes, if you meet the threshold. EPR obligations are state-by-state — there is no federal EPR law (yet). If you sell packaged products into California and Colorado, you must register separately with each state's PRO, report to each, and pay fees to each. Being registered in one state does not satisfy obligations in another.

Registration is step one: you sign up with the state's PRO, provide your business information, and declare that you are an obligated producer. Reporting is step two: you submit your annual packaging weight data by material type, which the PRO uses to calculate your fees. You must register before you can report. Both are required — registration alone does not satisfy your obligations.

Yes. Under most EPR laws, the 'producer' is the brand owner — the company whose name appears on the product or packaging. If you are a US-based company that imports packaged products and sells them under your brand, you are the obligated producer. Foreign companies selling directly into EPR states via e-commerce may also be subject to the laws, depending on the state.

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. Beyond fines, non-compliance can restrict your ability to sell products in those states. The sooner you register and report, the lower your risk. See the full penalty breakdown by state.

EPR fees are calculated per pound 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 pound depending on the state and material. Use our free EPR fee calculator to estimate your annual costs.

EPR covers all packaging that accompanies a product sold to consumers — including primary packaging (the box, bottle, or wrapper around the product), secondary packaging (the case or shrink wrap around multiple units), and tertiary packaging (shipping boxes and pallet wrap, in some states). Material categories typically include: recyclable plastic, non-recyclable plastic, corrugated cardboard, paperboard, glass, aluminum, and steel. Multi-material packaging is usually reported per component.

Yes. Eco-modulation means non-recyclable materials cost 2–5× more per pound than recyclable ones. Switching to recyclable mono-materials can save 55–81% on rigid plastic fees. Fees are per pound, so any weight reduction directly lowers costs. See 7 strategies to reduce your EPR fees.

Eco-modulation means EPR fee rates vary by material recyclability — non-recyclable materials cost 2–5× more per pound than recyclable ones. The rate structure itself is the eco-modulation: easily recyclable materials (PET, HDPE, corrugated) get lower rates, while non-recyclable materials (multi-layer pouches, black plastic) pay the highest rates. Colorado also has three published passive eco-modulation factors on top of base rates: Detriments +5%, Not-on-MRL pricing tiers, and High Recycling Rate Bonus −5%.

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.

Illinois, New Jersey, and New York all have active EPR packaging bills in their legislatures. Illinois (HB 3386) and New Jersey (S3398) are furthest along. New York's Packaging Reduction and Recycling Infrastructure Act (SB 1464) did not pass a floor vote before the 2026 legislative session ended and will need to be reintroduced in 2027. If you currently sell packaged products in these states, start planning now — the lead time for data collection and PRO registration can be 6-12 months.

California uses a 3-tier system: Tier 1 is the manufacturer (the company that makes the product), Tier 2 is the licensee (the brand whose name is on the packaging), and Tier 3 is the first importer/seller. The obligated producer is the highest tier with US presence. Other states follow similar brand-owner principles. See the full producer determination guide for examples and tier scenarios.

Yes. Under California's SB 54, packaging that meets ASTM D6400 or D6868 qualifies as "compostable" with lower EPR fees. But the USDA's National Organic Program hasn't approved most bioplastics as compost feedstock — and if composters stop accepting your material to protect their organic certification, your packaging could lose its compostable label under SB 343 and reclassify as non-recyclable, with fee increases of 10x or more. A formal NOSB determination is expected around 2027. See the full analysis of compostable packaging EPR risk.

Most brands don't track packaging weight by material type. You can estimate from supplier spec sheets, purchase order data, or by physically weighing sample SKUs and extrapolating. California requires weight broken down by material type and component count. The key is consistency — use the same method each year. See the full weight estimation guide for methods and common mistakes.

EPR fee rates vary by state, material category, and eco-modulation credits. Non-recyclable plastic carries the highest per-pound rates across all states; mono-material recyclables and compostables carry the lowest. California's first fee payments are due August 2026, Oregon and Colorado are already invoicing through Circular Action Alliance. See the full fee rate comparison for per-pound rates across all 7 states.