If you sell packaged goods in Oregon, Colorado, or California -and if you have not yet determined your status under those states' Extended Producer Responsibility laws -you are already behind the compliance timeline.
Extended Producer Responsibility is no longer a forward-looking regulatory risk. In three of the seven US states that have enacted packaging EPR laws, implementation has begun, fees have been invoiced, and in Oregon's case, enforcement is active. The compliance window for these markets is not 'when regulations are finalised.' It is now.
This post is a practical, plain-English compliance checklist -not legal advice (we are not lawyers), but a clear overview of what each major EPR state requires, when, and what action it implies for producers.
Step 1: Determine If You Are a 'Producer'
The definition of 'producer' under EPR laws is broader than it might initially appear. In most US state EPR frameworks, a producer is defined as any entity that:
- Manufactures and sells packaged goods under their own brand name into the state
- Imports packaged goods into the state for sale (importers are producers, not just manufacturers)
- Owns a brand or licence under which packaged goods are sold into the state
- Is the first US importer of packaged goods from a foreign manufacturer with no US presence
This definition captures a wide range of businesses -including distributors and importers who may not be manufacturing anything themselves. Confirming whether your business meets the definition under each applicable state law is the essential first step.
Oregon (LIVE -Enforcement Active)
Oregon was the first US state to fully implement packaging EPR. Implementation began July 1, 2025. Key obligations:
- Join the Circular Action Alliance (CAA) Producer Responsibility Organization -the designated PRO for Oregon
- Report 2024 packaging supply data (packaging type, material, weight, recyclability status)
- Pay fees based on reported supply data -fee schedule based on material type and recyclability rating
- Penalties for non-compliance: up to $25,000/day, though a preliminary injunction was granted February 6, 2026 pending litigation -the law and its registration requirements have not been suspended
Colorado (Implementation June 2026)
Colorado's CAA program plan was approved December 9, 2025. Implementation begins June 9, 2026 -six months from plan approval. Key obligations:
- First fee invoices were issued January 1, 2026 -producers should have registered and submitted initial supply data
- Join CAA PRO and confirm registration status
- Prepare packaging inventory data by material category for 2025 reporting period
California (SB 54 -Reporting Live, Fees from 2027)
California's SB 54 is the most ambitious packaging EPR law in the United States by scope. Key obligations and timeline:
- First data reporting (2023 supply data) was due November 15, 2025 -if not completed, consult a compliance specialist
- Final regulations expected Q1 2026
- Producer fees begin 2027
- By 2032: 100% of covered packaging must be recyclable, compostable, or reusable; 65% of single-use plastic packaging must actually be recycled; 25% reduction in plastic packaging
- SB 54 imposes some of the strictest material recyclability standards in the country -packaging design decisions being made today must account for 2032 requirements
What Every Producer Should Do Regardless of State
Regardless of which states are currently active in your markets, there are baseline actions that every producer of packaged goods should take now:
- Complete a full packaging materials inventory -list every packaging format by material type, weight, and volume for each state market
- Assess recyclability status of each packaging format against the standards of your active EPR states -your packaging design team and supply chain team should own this
- Identify and document your verified end markets for recovered packaging -EPR compliance will increasingly require proof that packaging is actually being recycled, not merely collected
- Consult with an EPR compliance specialist -the legal and regulatory detail varies significantly by state and changes rapidly
- Track legislation in non-enacted states (especially NY, NJ, MA, NH, WI) -design decisions and supplier relationships built today will affect compliance posture in 2027 and beyond
The documentation requirement -demonstrating that your recovered packaging actually reaches a certified recycler or end market -is the step most producers are least prepared for. It is also the requirement that most directly connects EPR compliance to the secondary materials trading market: producers will need verified, documented supply chains for recovered content, not just fee payments.
DATA SOURCES:
? Proskauer Rose -2025 Guide to EPR Packaging Compliance: https://www.proskauer.com/alert/the-2025-guide-to-epr-packaging-compliance
? H2 Compliance -EPR 2026 North America Outlook: https://h2compliance.com/extended-producer-responsibility-epr-2025-highlights-and-what-to-expect-in-2026-for-north-america/
? Holland & Knight -State EPR Law Updates: https://www.hklaw.com/en/insights/publications/2026/01/the-latest-pandoras-box-what-you-need-to-know-now-about-state-epr-laws
? Circular Action Alliance (CAA): https://circularaction.org/