How packaging EPR works
Under Extended Producer Responsibility, the party deemed the "producer" of packaging — usually the brand owner or the first to sell a packaged product into the state — funds and helps run the system that collects and recycles that packaging. In practice that means registering with a producer responsibility organization, reporting the packaging you put on the market, and paying fees that many programs "eco-modulate" so that easier-to-recycle packaging costs less. As of September 2026, seven states have enacted these laws — California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington — and more are considering them, so the map keeps changing.
Why we don't print thresholds or fees
- Every state is different. Who counts as a producer, the small-business exemption, the fee schedule, and the deadlines are set state by state and revised often.
- The authority is each state's program. This screener points you to confirm your status there rather than repeat a number that may already be out of date.
- Design lowers cost. Because fees are eco-modulated, more recyclable packaging often pays less — a reason to look at your materials, not just your paperwork.
Being under a small-producer threshold is not always the end of it. California, for example, requires small producers to register with CalRecycle and apply for its exemption — applications were due 1 June 2026 — so a small brand that files nothing is out of compliance even if it qualifies.
Use this to know whether to dig in; the covered-producer guide and the EPR laws overview go deeper, and designing for recyclability is how you lower the fees.
Questions
Who is a "producer" under packaging EPR?
Usually the brand owner or the first party to sell a packaged product into the state, though importers and private-label retailers can hold the role, and the exact definition and hierarchy vary by state. If a brand upstream of you is the producer, the obligation may sit with them, so confirm who the producer is for each product with each state's program.
How do I know if I'm exempt as a small producer?
Many programs exempt small producers below a size, revenue, or packaging-volume threshold, but those thresholds differ by state and change, so this tool does not state them. Being under a threshold does not always excuse you from filing: California, for example, requires small producers to register with CalRecycle and apply for the exemption, and those applications were due 1 June 2026. Find each state's current threshold and whether you must register or apply to claim it, rather than assuming you qualify.
Which states have packaging EPR laws?
As of September 2026, seven states have enacted packaging EPR laws: California (SB 54, 2022), Colorado (HB22-1355, 2022), Maine (2021), Maryland (SB 901, 2025), Minnesota (HF 3911, 2024), Oregon (SB 582, 2021) and Washington (SB 5284, 2025). Oregon's program has run since July 2025 and Colorado's producer dues began in January 2026; the others are phasing in. Other states are considering bills, so confirm the current list and each program's rules with the state programs linked on this page.
Does this tool tell me my exact fees?
No, and that is deliberate. Fees are set by each state's program, are eco-modulated by how recyclable your packaging is, and change over time, so any number here could mislead. The tool tells you whether you are likely covered and sends you to the authoritative source for the amounts.
What is a producer responsibility organization?
A producer responsibility organization, or PRO, is the body that runs the EPR system on behalf of producers — collecting fees, reporting to the state, and funding collection and recycling. Covered producers generally register with and report to the PRO designated for each state where they are obligated.
Lower your fees by design.
Because EPR fees reward recyclability, the packaging you choose changes what you pay. PackOS Quick Quote prices custom roll labels today — upload the artwork for an instant label quote and compare the materials it offers. Flexible packaging is coming soon.