Packaging EPR is here.
Can you prove you're compliant?

Extended Producer Responsibility (EPR) is a regulatory framework that holds brand owners, importers, and manufacturers financially responsible for the end-of-life management of their packaging. If you sell packaged consumer goods in California, Oregon, Colorado, Washington, Maine, Minnesota, or Maryland — and exceed certain revenue or tonnage thresholds — EPR likely applies to you.

Most states include de minimis exemptions for smaller businesses based on revenue and/or packaging volume. Current thresholds (as of May 2026):

Important notes: meeting either threshold is sufficient for exemption in most states — except Washington, where both must be met. One ton of packaging is a lower bar than most brands expect. And if you qualify for exemption in one state, you may still be fully obligated in another. Even exempt businesses are advised to begin data tracking early — transitioning to full compliance under deadline pressure is where most companies fail.

Not sure where you stand? This table is a starting point — not a compliance determination. Get a free assessment to know exactly where you're exposed →

As of April 2026, seven states have active EPR packaging programs: California (SB 54), Colorado (HB 22-1355), Oregon (SB 582), Washington (SB 5284), Maine (LD 1541), Minnesota (HF 3911), and Maryland (SB 901). New Jersey and New York have pending legislation. Additionally, North Carolina, Tennessee, Hawaii, Massachusetts, and Rhode Island are actively advancing EPR frameworks and are expected to follow in the coming years.

The Circular Action Alliance (CAA) has set May 31 as the key annual reporting deadline for producers submitting 2025 packaging data across the six states it administers: California, Colorado, Oregon, Maryland, Minnesota, and Washington. Reporting is submitted through a single CAA portal. Maine operates on a separate schedule tied to its Stewardship Organization. The May 31 deadline is not just a compliance checkpoint — it is a data control point. Companies that miss it risk being assigned estimated packaging volumes and unfavorable cost tiers by the CAA. If you're not sure whether you need to file, get a free compliance status check →

Yes. EPR reporting is based on destination, not where your business is located. If your products are delivered into a state with active EPR laws, you are responsible for reporting the packaging associated with those sales — regardless of where you're incorporated or headquartered.

For example: a brand based in Florida that ships products to customers in California must report its California packaging data through the Circular Action Alliance. The same applies to any state where you sell. This destination-based model is one of the most common sources of unexpected EPR exposure — especially for e-commerce and Amazon sellers operating across multiple states.

Yes — in several common scenarios. A retailer is typically treated as the obligated producer when it: sells products under its own private label or store brand; packages goods for shipment (including e-commerce fulfillment); or imports packaged products into a state with active EPR laws.

Even when a retailer is not the primary obligated producer, it may still be part of the compliance chain — required to provide packaging data to the brand owner or importer responsible for reporting. This creates shared data dependencies across the supply chain that many retailers underestimate. If your business falls into any of these categories, get a free compliance status check →

A PRO is an organization that manages collective EPR compliance on behalf of producers. The primary U.S. PRO for packaging is the Circular Action Alliance (CAA). Orbitlex is NOT a PRO — we are a compliance advisory firm that helps your business register with the CAA and meet all state-specific obligations.

Missing a deadline can result in significant penalties. California's SB 54 carries penalties of up to $50,000 per day, per violation. If you've missed a deadline, Orbitlex offers a structured Penalty Risk Assessment & Remediation service — including voluntary disclosure support and late filing coordination — to help minimize your exposure.

An Individual Source Reduction Plan (ISR Plan) is a document required under California SB 54 that outlines how a producer will reduce plastic packaging weight, increase recycled content, and transition to recyclable or compostable materials over time. The first ISR Plan submission deadline iswas August 3, 2026. For California producers, the ISR Plan is included in Managed EPR Compliance — Orbitlex prepares baseline data, pathway analysis, CAA Workbook completion, and a narrative ready for executive review and legal sign-off. Recurring updates are part of the same subscription.

California's SB 54 sets a statutory ISR Plan deadline of August 1, 2026 for the first submission. Under CAA's Producer Reporting Policy, whenever a report date falls on a weekend or holiday, the effective deadline shifts to the next business day at 11:59 PM Pacific. Because August 1, 2026 fell on a Saturday, the first ISR Plan's effective deadline iswas Monday, August 3, 2026 at 11:59 PM PT. The same weekend-and-holiday shift rule applies to every future ISR Plan report date.

Packaging tonnage is calculated by summing the weight of all packaging materials (by material type) that you supply into a given state each year. This includes primary, secondary, and tertiary packaging. Orbitlex manages this data collection process as part of our Managed EPR Compliance service.

A one-time, fixed-scope engagement that builds your reporting-ready packaging inventory at the component level — material, weight, and EPR/CAA classification for every state where you sell. It sits between Blueprint (which defines your obligations) and Managed EPR Compliance (which executes registration, filings, and ongoing reporting); most brands entering multi-state EPR reporting need at least partial packaging-data normalization before filings can be completed reliably. Pricing starts at $2,000 (1–50 SKUs), and the Audit is included free with an annual Managed EPR Compliance plan.

Yes — this is called eco-modulation. EPR fee structures are designed so that more recyclable, lower-impact packaging pays lower fees, while harder-to-recycle materials pay higher fees. This means EPR compliance isn't just a cost to manage — it's also a cost optimization opportunity. Brands that track their packaging data carefully can identify material substitutions that reduce their annual PRO fees. Orbitlex surfaces these opportunities as part of ongoing compliance management.

As part of Managed EPR Compliance onboarding, we register Orbitlex as your designated Primary Consultant in your CAA Producer Portal account. CAA communications addressed to your Producer account then flow directly to us — with the exception of legally binding agreements and invoices, which continue to flow to your Primary Contact per CAA policy. The result is immediate operational response to CAA inquiries, monthly producer updates, report validation requests, and program announcements.