A growing number of states have enacted Extended Producer Responsibility (EPR) laws for packaging, and several already require manufacturers to register and report. Following a recent discussion of KCMA's Government & Regulatory Affairs Committee, this alert summarizes where things stand and which states are affected. It is intended as general guidance only — companies should consult their own legal and compliance advisors to determine what specific steps they need to take to comply.
The EPR Landscape
Seven states have enacted EPR packaging laws to date: Colorado, Oregon, California, Washington, Minnesota, Maryland, and Maine. Each requires manufacturers ("producers") that sell packaged products into the state to register with the state's designated Producer Responsibility Organization (PRO) and report packaging data. In every one of these states, manufacturers have selected the same organization — the Circular Action Alliance (CAA) — making it currently the only PRO manufacturers work with nationwide.
Only Colorado and Oregon currently charge producer fees; the other five states require reporting now but have not yet begun charging fees.
States With Packaging EPR Laws
| State | Law | Reporting Requirements | Fee Status | De Minimis Exemption* |
|---|---|---|---|---|
| Colorado | HB 22-1355 | Detailed Annual Supply Report (SKU/component-level); 2025 data due May 31, 2026 | Fees active since Jan. 2026 | <1 ton, or <$5.63M global revenue (CPI-adjusted) |
| Oregon | SB 582 | Detailed Annual Supply Report (SKU/component-level); 2025 data due May 31, 2026 | Fees active since July 1, 2025 | <1 ton, or <$5M global revenue |
| California | SB 54 | Baseline Producer Report (2023 data) plus Annual Supply Report & Source Reduction Report (2025 data); all due May 31, 2026 | Fees expected 2027 | <$1M CA gross sales (application required) |
| Maine | LD 1541 / LD 1423 | Simplified Supply Report; deadline expected late 2026, pending stewardship organization selection | Fees expected late 2026 | <1 ton, or ~$2M revenue |
| Maryland | SB 901 | Simplified Supply Report (aggregated material weight); 2025 data due May 31, 2026 | Fees expected 2028 or later | <1 ton, or <$2M global revenue |
| Minnesota | HF 3911 | Simplified Supply Report (aggregated material weight); 2025 data due May 31, 2026 | Fees expected Feb. 1, 2029 | <1 ton, or <$2M global revenue |
| Washington | E2SSB 5284 | Simplified Supply Report (aggregated material weight); 2025 data due May 31, 2026 | Fees expected 2029–2030 | <1 ton, or <$5M global revenue |
*Thresholds are approximate and subject to change; confirm current figures with CAA or state agency guidance before relying on an exemption. Reporting obligations in several states apply even before fees take effect.
Bills have also been introduced (not yet enacted) in New York, New Jersey, Massachusetts, Illinois, Tennessee, and Michigan — worth monitoring if you sell into those states.
Penalties for Non-Compliance
Penalties can add up quickly — several are assessed on a per-day, per-violation basis — but not all of them are being actively enforced yet. Enforcement in Oregon and Colorado is already active today; in California, Minnesota, and Maryland, penalty authority is tied to each state's fee program and has not yet taken effect.
Already in Effect
Oregon: up to $25,000 per day — in effect since July 1, 2025
Colorado: unregistered producers may be barred from selling covered products in the state — in effect since July 1, 2025; broader civil penalty authority is also active alongside the state's January 2026 program launch
Pending — Not Yet Enforced
California: up to $50,000 per day per violation ($25,000 for small producers) — penalty authority is expected to phase in with the 2027 fee program, though registration and reporting obligations already apply in 2026
Minnesota: up to $25,000 per day, escalating to $100,000 for repeat violations — cannot be assessed until a stewardship plan is approved; expected around Feb. 1, 2029
Maryland: $5,000–$20,000 per violation — expected alongside the state's 2028-or-later fee program
Penalty timelines reflect publicly available guidance as of this writing and may not capture final agency enforcement dates; confirm current status with CAA or state agency guidance.
Because Oregon and Colorado penalties are already accruing, and enforcement elsewhere will follow as each state's program phases in, if your company has not yet registered or begun reporting in a state where you have EPR obligations, we strongly encourage you to act now.
How to Register & Report
Because all seven states use the same PRO, manufacturers only need to register once with the Circular Action Alliance, then add each obligated state within the portal. There is no cost to register.
- Complete CAA's Account Registration Form (once per legal entity/EIN) at the CAA Producer Portal.
- Sign the Participant Producer Agreement to gain full Producer Portal access.
- Register separately for each state where you're an obligated producer.
- Use the portal's guidance documents to prepare and submit your annual packaging report.
Note: Colorado registration was already required by October 1, 2024, and as of July 1, 2025, unregistered producers risk enforcement action, including restrictions on selling covered products in the state. If you sell into Colorado and haven't registered, do so as soon as possible.
Recommended Compliance Process
Based on the committee's discussion, member companies have found the following process helpful for pulling together an EPR report:
- Determine sales per ship-to state, in both dollars and weight, filtered to states with EPR laws.
- Inventory all packaging materials used.
- Collect weight, recycled content, and resin/material type from suppliers.
- Categorize packaging by EPR material category (e.g., paper/fiber, rigid plastic, flexible plastic) and sub-type — categories can vary by state.
- Calculate total packaging weight used per calendar year.
- Allocate packaging weight to each applicable state based on gross sales.
- If no de minimis exemption applies, register as a producer in every applicable state.
A Note on Exemptions
De minimis exemptions vary by state and are generally based on annual revenue, packaging tonnage, or in some cases, limited business-to-business (B2B) sales. Even manufacturers who sell primarily B2B should consider carefully whether a B2B exemption truly applies: packaging often reaches the end homeowner and is ultimately discarded in the residential waste stream, which is the activity EPR laws are designed to address. Many companies find it simpler to include all packaging in their reporting rather than trying to separate dealer-removed from homeowner-discarded packaging.
Helpful Resources
- CAA Producer Registration Portal
- CAA Producer Reporting Resources
- EPR Atlas – State-by-State Law Tracker
Questions about EPR compliance? KCMA's Government & Regulatory Affairs Committee continues to track EPR developments and will share updates as new states and requirements emerge. Reach out to KCMA CEO Betsy Natz at bnatz@kcma.org with questions or to get involved in the committee's work.
Upcoming Webinar
EPR Packaging Laws: An Update
Tuesday, October 14, 2026 | 2:00 PM Eastern
Featuring Manesh Rath, Partner, Keller & Heckman
