Extended producer responsibility (EPR) programs are no longer theoretical: California, Colorado, Maryland, Minnesota, Oregon, and Washington share a May 31 reporting deadline with the Circular Action Alliance's (CAA) framework.
As we previously discussed, state EPR programs have been moving from framework to implementation, with reporting obligations now crystalizing across multiple jurisdictions.
What Must Be Reported
California, Colorado, and Oregon producers must submit Annual Supply Reports including SKU-level and component-level data. Minnesota, Maryland, and Washington producers must submit Simplified Supply Reports based on aggregated material weights.
The distinction is important. Annual Supply Reports will directly inform producer fee obligations beginning in 2027, making data accuracy critical. In contrast, Minnesota, Maryland, and Washington are not expected to assess fees until 2028 at the earliest.
How to Prepare
- Confirm CAA registration and participation status in each applicable state
- Finalize 2025 supply data in accordance with each state's covered-material definitions
- Align materials with the appropriate reporting categories and
- Identify and document any data gaps, including methodologies used for estimation
Producers operating in Washington should note that state law requires membership in a registered PRO beginning July 1, 2026.
Oregon Is Actively Enforcing
Oregon launched the nation's first operating packaging EPR program on July 1, 2025, and has now entered an enforcement phase. On April 9, 2026, Oregon's Department of Environmental Quality (DEQ) published its first Producer Status List, identifying approximately 300 producers that failed to register, report, and/or pay required fees.
The list reflects the culmination of a multi-step compliance process that allowed for a 90-day correction period, plus a 30-day extension. The producers identified did not cure the deficiencies within specified time frames.
Why It Matters
Failure to register or participate in a PRO is classified as a Class 1 violation under Oregon law, with potential penalties of up to $25,000 per day. There is a preliminary injunction that limits DEQ enforcement powers. However, the relief is very narrow and applies only to members of the National Association of Wholesaler-Distributors that filed the suit.
With Oregon already acting and other states close behind, companies that have not yet registered or completed reporting should move quickly to come into compliance and mitigate potential exposure.
Staying up to date with evolving state EPR laws is essential for avoiding statutory penalties. Venable's Food and Drug Law team is tracking the issue closely and can provide you with updates. Please contact the authors with any questions.