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 and are expected to enact laws within the next 1-2 years.

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.

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.

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 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. See 7 proven strategies to reduce your EPR fees.

Eco-modulation is a fee adjustment system built into EPR laws that charges less for packaging that's easier to recycle and more for packaging that's harder to recycle. If your packaging uses mono-materials (single material type), contains recycled content (PCR), carries consumer recycling labels, or weighs less than alternatives, you qualify for fee reductions. The goal is to incentivize producers to design packaging that's cheaper to recycle — which lowers both your fees and the recycling system's 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.

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 and could enact laws as early as 2026. New York's bill is broader but still in committee. 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.