Ask the Analyst: Packaging EPR Laws in the U.S.

As Extended Producer Responsibility (EPR) packaging laws continue to expand across the U.S., many companies are asking whether the regulations apply to them and how each state’s program works. Below, we address the most common questions we hear from our clients navigating EPR compliance. See our first blog in this series for a general overview of EPR packaging laws.

Is my company subject to EPR packaging laws?

A growing number of companies are subject to new laws addressing product packaging. Several key factors determine whether a company is subject to EPR requirements for packaging, as outlined in our first blog in this series. Each state’s law should be reviewed to confirm whether a company has obligations as a covered producer.

Even companies that are not considered covered producers may find themselves indirectly affected by EPR laws if their value chain partners take measures to adjust packaging materials in response to EPR obligations.

My company has EPR obligations in Colorado and Oregon, but we have not yet registered on the Circular Action Alliance website. Can we still report?

Yes. If you are a covered producer but have not yet submitted supply reports in Colorado and Oregon, you can (and should) register and report your supply data on the Circular Action Alliance (CAA) website as soon as possible.

I submitted a supply report for Colorado and Oregon. When will I receive an invoice?

Invoices for supply reports on calendar year 2024 data were sent to all covered producers who submitted reports in Colorado and Oregon by the state-specific deadlines. Invoices were sent via email to each registered company’s designated primary contact. The CAA recommends that primary contacts add the following email address as a “trusted sender” to ensure inbound invoices are received on time: circularactionalliance@myworkday.com.

What kind of packaging data is my company required to report?

Most EPR packaging programs require producers to report detailed information about the packaging materials – and in some states, the paper products – they place on the market, including:

• Packaging material type (e.g., paper, plastic, aluminum); some states also require more granular classification by paper type, plastic type, etc.
• Weight of packaging, by material type
• Quantity of packaging supplied to each applicable state, by material type

Some data requirements vary by state, but the CAA reporting portal specifies the exact data required for each state’s packaging program. Producers gain access to the portal once they have completed the registration form and signed a Participant Producer Agreement.

I only sell B2B. Do EPR packaging laws affect me?

Possibly. Although a few states provide exclusions for materials that are only sold business-to-business (B2B), selling B2B does not always exempt producers from packaging EPR laws. For example, California and Oregon still require all B2B packaging to be reported. Obligations often depend on whether the packaging ultimately becomes waste within the state – not solely on the type of end customer. B2B producers should carefully review packaging EPR laws in each state to determine whether they are obligated to comply.

Have any other U.S. states introduced EPR packaging legislation?

Yes. As of early 2026, in addition to the seven states with enacted EPR packaging laws, approximately 14 other U.S. states have proposed similar legislation. This trend is expected to continue as states look for funding mechanisms to support recycling and waste infrastructure.

Would I have been contacted if I were obligated to report?

Not necessarily. The responsibility to determine whether your company is obligated to report rests with the company itself. Covered producers who have missed a reporting deadline may have received delinquency notices from CAA or a state agency; however, lack of outreach or notification does not indicate that they are free from EPR obligations.

What’s the penalty for non-compliance?

Penalties vary by state but typically include significant, accruing monetary fines that in some cases, according to the Sustainable Packaging Coalition, may run up to $100,000 per day. Additional penalties may include prohibitions on selling products containing covered materials in states with enacted legislation, and retroactive requirements for reporting and fee payment. According to CAA, in some states, lists of compliant and noncompliant producers may be made publicly available. If so, this would increase reputational risk for noncompliant companies among investors and customers.

Where do I begin?

Companies that have not yet assessed their EPR packaging obligations should:

• Determine their producer status and possible volume or revenue exemptions under each applicable state law
• Identify their covered packaging materials
• Register with the designated producer responsibility organization (PRO) for states that have set registration deadlines
• Collect packaging weight and material data from the year for which supply reports are requested
• Submit required reports by the state deadlines

How can G&A help me make sense of EPR obligations?

EPR compliance is becoming a standard business requirement for companies placing packaged goods on the U.S. market. Understanding your company’s obligations early through G&A’s comprehensive scoping exercise can help:

• Clarify reporting timelines and obligations
• Avoid penalties
• Support the development of more sustainable packaging systems

For companies that have already identified their EPR reporting obligations, G&A supports with data collection, facilitation of reporting, coordination with PROs, minimization of future fees, and more.

Reach out to learn more about how G&A can help your company navigate EPR packaging regulations.