Extended Producer Responsibility (EPR) laws are rapidly transforming packaging regulations across the U.S. For growing brands, that means new costs, added risks, and increasing complexity.

To cut through the noise, we’ve updated our EPR FAQ with clear, plain-language answers to the questions we hear most from brands like yours.

This guide reflects the latest information available as of October 2025, helping you understand today’s requirements and prepare your packaging strategy for what’s next.

Table of Contents

• Which states have passed Extended Producer Responsibility legislation?
• What packaging EPR deadlines should I be aware of in the United States?
• Who is considered a producer under EPR?
• Which businesses are exempt from EPR requirements?
• What kind of packaging is covered by EPR laws?
• Do packaging EPR laws apply to eCommerce sales?
• What about plastic bans, Truth in Labeling, and other packaging laws emerging across the country?
• What information has been released about fees? Will fee structures vary by state?
• What is eco-modulation, and how will it affect my brand’s EPR fee structures?
• I don’t have perfect visibility of where my brand’s products are sold. How can I provide state-specific data?
• How difficult and resource-intensive is it to manage data for EPR compliance?
• How do I calculate my brand’s packaging data?
• Can producers utilize estimates or averages when reporting packaging data?
• Do you have to track each specific order and item individually, or can you take an average of all items?
• Are there clear reporting categories for OR, CA, or CO?
• What resources does EcoEnclose have to support brands with EPR compliance and reporting deadlines?

Which states have passed Extended Producer Responsibility legislation?

As of October 2025, seven states have passed packaging EPR laws: Maine, Oregon, California, Colorado, Minnesota, Maryland, and Washington.

Several more states are conducting EPR Needs Assessments: Hawaii, Rhode Island, Massachusetts, Illinois, and Colorado.

Other states have full EPR bills or Needs Assessments under consideration.

Currently, Oregon, Colorado, California, and Minnesota are the only states with some active requirements or deadlines in place.

What packaging EPR deadlines should I be aware of in the United States?

After months of dialogue, landscape assessment, and implementation steps, the first wave of active EPR requirements have arrived in several states.

Specifically, non-exempt producers should take note of the following:

• Oregon: First reporting deadline for 2024 packaging data was March 31, 2025. Fees were due in July 2025 and the average fee rates for producers ranged from $0.076 - $0.77 per pound of covered material. Brands may submit LCA reports to seek reduced fees for eco-modulation, but this remains optional for most producers.

• Colorado: First reporting deadline for 2024 packaging data was July 31, 2025. Fee schedules and rates have yet to be published, but it is expected that the first fees will be due in January 2026. Colorado’s draft eco-modulation bonus schedule includes credits for eco-friendlier packaging and penalties for non-recyclable formats. These guidelines will be finalized by December 2025.

• California: The current proposed reporting deadline for 2023 packaging data is November 15, 2025. Fees likely will be due in 2027.

Who is considered a producer under EPR?

This is one of the more complicated aspects of EPR, and definitions vary by state. In general, the producer is the “brand owner”—the entity that owns the copyright to the product’s brand or a brand licensee.

Note that supply chains vary from state to state, so brands with complex circumstances should review state-specific guidance to determine their liability.

This detailed resource provides extensive information to help brands determine whether they are considered producers in specific situations.

This flowchart helps you determine if your brand is liable. Click to enlarge.

Which businesses are exempt from EPR requirements?

All nonprofits and government agencies are likely to be exempt from EPR. Additionally, brands selling baby food, medical goods, and hazardous materials are often exempt.

Finally, small businesses with revenue or packaging volumes under a certain threshold will typically be exempt.

• Oregon: Companies with less than $5 million in total revenue OR who have put less than one metric ton of packaging into Oregon in their last fiscal year are likely to be exempt. Read more about Oregon's brand exemptions.

• Colorado: Entities with total revenue below $500K or who sold less than 1 metric ton of packaging into the state during their last fiscal year are exempt. Entities with total revenue below $5,506,200 are likely exempt from most requirements, but may need to register as a low-volume producer. Read more about Colorado's brand exemptions.

• California: California’s exemption thresholds are still being determined. Recent updates suggest that companies with less than $1 million in gross sales will be exempt.

What kind of packaging is covered by EPR laws?

The packaging solutions and materials covered under EPR requirements vary by state. For example:

• Oregon: Packaging and paper products; excludes food serviceware

• Colorado: Packaging, paper, and food serviceware

• California: Categories are still being finalized; CAA has released draft reporting templates

CAA’s published guidelines contain details about covered materials in Oregon and Colorado.

Do packaging EPR laws apply to eCommerce sales?

Yes! eCommerce brands must also comply with EPR legislation. Companies that receive orders and ship them to customers are considered the producers responsible for shipping materials, including mailers, envelopes, tape, boxes, void fill, and more.

What about plastic bans, Truth in Labeling, and other packaging laws emerging across the country?

Many packaging sustainability and safety laws are in place and under consideration across US states. They typically fall under the following categories:

• Material bans: This rapidly expanding category includes outright bans, restrictions, or usage fees placed on materials like PFAs, PVC, polystyrene, or single-use items like straws and plastic bags.

• Recycled content requirements: Some states, such as California and Washington, are placing minimum recycled content thresholds on beverage bottles, plastic packaging, and other materials.

• Labeling accuracy requirements: Federal requirements like the FTC’s Green Guides and state-specific legislation like California’s Truth In Labeling increasingly require on-package labeling to meet specific standards, particularly surrounding compostability and recyclability.

Learn more about other US packaging laws in our helpful guides:

• Guide to EPR and Sustainable Packaging Legislation

• Guide to Packaging Compliance and Regulations

What information has been released about fees? Will fee structures vary by state?

Oregon is the only state with finalized information about fee schedules and recently issued their first producer invoices.

Fees vary based on factors such as material type and eco-modulation. Current fee estimates range from an average of $0.076 - $0.77 per pound of covered material.

This report, released in December 2024, outlines the low- and high-fee structures being considered for specific material categories in Oregon.

As we wait for further information on fee structures by state, brands should budget 0.5-1% of annual sales for PRO fees, which represents a 20%-40% increase in packaging spend.

What is eco-modulation, and how will it affect my brand’s EPR fee structures?

Eco-modulation incentivises brands to improve the sustainability of their packaging and adjusts fees based on factors such as recycled content, recyclability, or design.

Currently, we have published guidance for Oregon and preliminary drafts for eco-modulation in Colorado and California:

• Oregon: Uses Life Cycle Assessments. Top producers must submit LCAs; smaller producers can voluntarily do so to earn discounts.

• Colorado: Draft bonus schedule (Aug 2025) includes credits (up to 10%) for reuse/refill systems, PCR, optimization, and clear labeling. Penalties for non-recyclables. Final rules expected Dec 2025.

• California: Plan is still in development. Will add credits for PCR, standardized design, clear labeling, and maluses for Prop 65 chemicals. Base fees apply first; adjustments will phase in after data is collected.

I don’t have perfect visibility of where my brand’s products are sold. How can I provide state-specific data?

The Circular Action Alliance—the PRO administering EPR in Oregon, California, and Colorado—will likely accept population factor calculations to estimate regional product sales.

We anticipate that CAA will share a standardized formula for population factoring that will be deemed admissible for reporting.

How difficult and resource-intensive is it to manage data for EPR compliance?

Preparing for EPR data reporting requirements can take one to six months, depending on the complexity and scale of your business, the types of packaging you use, and the scope of your existing data collection systems.

If your brand has already actively adhered to Canada and Europe’s EPR reporting requirements, you will be better positioned for the upcoming deadlines in the US.

If tracking and reporting packaging data is new to you, you may choose to use estimated weights and volumes for the initial round of reporting as you work to improve your systems.

How do I calculate my brand’s packaging data?

To prepare your brand’s packaging data, two things must be calculated:

1. Weight of packaging per unit.

• SMRM (Specific Material Reporting Method): Uses exact Bill of Materials. Accurate, future-proof, and recommended.

• ABOM (Average Bill of Materials): Uses representative samples. Easier, but less accurate and riskier long-term.

2. Volume of packaging in each state.

• Apportionment (estimates): Use proxies (population, sales share, shipments). Acceptable but less precise.

• SSRM (State-Specific Reporting Method): Use actual ship-to or POS data. More accurate but requires strong systems.

Use SMRM + SSRM if possible for greater accuracy in data and fee structures; ABOM + apportionment can work as a stopgap as you begin your compliance journey.

Can producers utilize estimates or averages when reporting packaging data?

Industry averages for material types are likely acceptable, particularly in the early years of EPR in the US. However, as the laws mature and technology advances, we will see an increased emphasis on actual weights based on specific state-by-state sales data.

The “Average Bill of Materials (ABOM)” method can likely be used to estimate packaging weights. This method groups similar SKUs, applying standardized assumptions to the entire group. While this approach may be permissible and streamline your process, it could also result in overestimating your packaging weights, leading to higher fee structures for your brand.

We recommend that brands establish a Bill of Materials for their specific packaging SKUs, with weights and material categorizations for each SKU. This centralized dataset will enable companies to track and report their packaging data more accurately. The BOM will also give brands clear visibility into their opportunities for eco-modulation improvements over time.

Do you have to track each specific order and item individually, or can you take an average of all items?

While individual sales data is ideal, it is unlikely to be feasible in many situations.

We anticipate that brands will be able to leverage total sales, use sales estimates by state, and apply these estimates to packaging data to produce reports.

As EPR matures in the US, states and the CAA may demand more precision.

Are there clear reporting categories for OR, CA, or CO?

Oregon has published its reporting categories. California and California have yet to do so.

CAA has already released a template for brands to report their data. Registered brands can find this template on CAA’s website and regular webinars to help them navigate Oregon’s upcoming reporting deadline.

What resources does EcoEnclose have to support brands with EPR compliance and reporting deadlines?

Whether you’re considering compliance for the first time or looking to elevate your strategy, EcoEnclose is here to help your brand navigate EPR with confidence.

Our EPR and compliance resources include:

Packaging weight by material class calculator: To help you translate your EcoEnclose packaging usage into reports that align with Oregon’s material categories, our brands have access to a packaging calculator that translates EcoEnclose packaging units into weights by Oregon’s stated material class and reporting category. Access the interactive tool here.

Bill of Materials and weights by product category: Our Bill of Materials provides a detailed breakdown of the specifications of our packaging solution categories. Additionally, the weight and material type of our stock product offerings are listed at the bottom of each product category page.

State-by-State Legislation Database: Stay current on changing legislation with our regularly updated database.

Interactive Legislation Map: Get an at-a-glance look at active legislation by state to understand your potential compliance requirements.

In-depth guides: Guide to EPR and Sustainable Packaging Legislation and Guide to Packaging Compliance and Regulations.

EPR webinar recording: Watch an on-demand webinar replay hosted by EcoEnclose and rePurpose Global for a breakdown on EPR rollout, compliance steps, and more.