Packaging EPR in Oregon — who is the obligated producer, and what to declare

Who is the obligated producer in Oregon

The statute sets the producer per type of covered product (ORS 459A.866). Packaging of an item sold at a physical retail location in Oregon: the person that manufactures the packaged item, when it is sold under the manufacturer’s own brand — a brand it wholly owns or co-owns according to the United States Patent and Trademark Office (OAR 340-090-0860(1)(b)) — or without a brand; directing the manufacture, including setting the packaging specifications, counts as manufacturing, while purchasing or ordering items for retail sale does not (OAR 340-090-0860(1)(a)). If the item is manufactured by someone other than the brand owner: the licensee of the brand. If there is no such person within the United States: the person that imports the packaged item into the United States for use in a commercial enterprise that sells, offers for sale or distributes it in Oregon. Remote sales: the packaging that directly protects or contains the item follows the same order, the importer rule included; the packaging used to ship it to the consumer belongs to the person that packages and ships the item, with no location condition. Any other packaging: the person that first distributes the packaged item in or into Oregon. Food serviceware: the person that first sells it in or into Oregon. Magazines, newspapers, catalogs and similar publications: the publisher.

No authorised-representative mechanism in the texts read. What takes its place: where no manufacturer or brand licensee is within the United States, the producer of the packaging of items sold in Oregon shops, and of the packaging that directly contains an item sold remotely, is the person that imports the item into the United States for use in a commercial enterprise that sells, offers for sale or distributes it in Oregon (ORS 459A.866(1)(a)(C), (1)(b)(A)); the packaging used to ship a remote sale stays with whoever packs and ships the item to the consumer, with no location condition (ORS 459A.866(1)(b)(B)).

Watch out: Where neither the manufacturer nor the brand licensee is within the United States, the statute makes the US importer — importing for use in a commercial enterprise that sells, offers for sale or distributes the item in Oregon — the producer of the packaging of retail-sold items and of the packaging that directly contains a remotely sold item (ORS 459A.866(1)(a)(C), (1)(b)(A)); the packaging used to ship a remote sale stays with whoever packs and ships it, with no location condition (ORS 459A.866(1)(b)(B)). Both small-producer tests read "less than", and the tonnage is in METRIC tons. Some items are not covered products — among them beverage containers as defined in ORS 459A.700, drug packaging, items sold on a farm or used on a farm and not later sold at an off-farm retail establishment, and items not ultimately discarded in Oregon (ORS 459A.863(6)(b)); the DEQ rules add further exclusions (OAR 340-090-0840(2), temporary rule text in effect until 12 March 2027). Neither the statute nor the DEQ rules list the categories themselves: the rules make a list of standard product categories, the ones the PROs use to set their membership fees, part of the PRO coordination plan that DEQ reviews (OAR 340-090-0680(2)(c)(J)), and the statute requires those fees to differ by type of covered product, material and format (ORS 459A.884(1)) — a component-level record is what lets you report by material. DEQ may issue civil penalties; the Department of Justice, at DEQ’s request, may bring an action to prohibit the sale of a covered product by a producer in violation of the membership requirement (ORS 459A.962(4), (6)).

Thresholds in Oregon

Oregon sets an entry threshold below which the producer is exempt or lighter. The figures below are the legal thresholds — never a fee.

Exempt as a small producer if ANY ONE route applies (ORS 459A.863(32)). The check asks two of them: gross revenue of LESS THAN USD 5 million for the organization’s most recent fiscal year, or LESS THAN one METRIC ton of covered products sold in or into Oregon for use in the state in the most recent calendar year. Both read "less than": at exactly USD 5 million, or exactly one metric ton (1,000 kg), that route does not apply. The check does not ask the five other routes: a 501(c)(3) nonprofit exempt from income tax, a public body, a beverage manufacturer under five metric tons, a restaurant or food cart that primarily sells food to be eaten immediately and is not a producer of food serviceware, and a single retail sales establishment with no online sales, not supplied or operated as part of a franchise or a chain.

Source: https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html · 2026-09-26 — ORS 459A read on the official page as archived on 2026-08-15 (Internet Archive); OAR 340-090 read on the Oregon Secretary of State site on 2026-09-26.

Register and schemes in Oregon

Register: Oregon DEQ — registration through the PRO (Circular Action Alliance) — https://circularactionalliance.org/registration

• Circular Action Alliance — https://circularactionalliance.org/registration (the only approved PRO at present — DEQ, read 2026-09-26)

Legal basis: SB 582 (2021), Oregon Laws 2021 chapter 681 — codified at ORS 459A.860 to 459A.975 (Plastic Pollution and Recycling Modernization Act); DEQ rules in OAR chapter 340, division 90

Membership fees due from 2025-07 (a date, as published — amounts are never stated here).

What and when to report in Oregon

Cadence: annual — Every year the producer submits to its PRO market data establishing the weight of covered products sold or distributed in or into Oregon, with a description of its calculation method in accordance with applicable best practices; estimates later shown to be inaccurate are corrected before the next annual reporting deadline (OAR 340-090-0700(1)(d)). The date is set by Circular Action Alliance, not by the statute or the rules read: for 2025 data, DEQ gave 31 May 2026 as an anticipated internal CAA deadline — confirm each year’s date with CAA. The first report, 2024 data with a pre-registration, was due by 31 March 2025; it did not apply to small producers, nor to producers without 2024 sales in Oregon, and missing it did not prevent registering later (OAR 340-090-0870). From 2026 on, fees are set on the supply data of two years before (OAR 340-090-0700(4)(b)). The PRO reports to DEQ by 1 July each year for the previous calendar year (ORS 459A.887(1)).

• 2026-05-31 — 2025 supply data to CAA — 31 May 2026, anticipated internal CAA deadline (DEQ) (Circular Action Alliance / Oregon DEQ) · Past. DEQ gave this date for 2025 data only; neither the statute (ORS 459A.860 to 459A.975) nor the DEQ rules read set a date.

If you sell into Oregon from the EU

The answer depends on the packaging (ORS 459A.866). Packaging of items sold in Oregon shops, and the packaging that directly contains an item sold remotely: the manufacturer — including a brand owner that directs the manufacture — or the brand licensee; if neither is within the United States, the person that imports the item into the United States for use in a commercial enterprise that sells, offers for sale or distributes it in Oregon. Packaging used to ship a remote sale to the consumer: whoever packs and ships it, with no location condition. Other packaging: whoever first distributes the packaged item in or into Oregon. Food serviceware: whoever first sells it in or into Oregon. If another person has registered with a PRO as the producer responsible for a covered product, you owe no membership fee for it, and if that is so for all your covered products you need not be a member (ORS 459A.869(3), (4)). A remote seller that is only the producer of the shipping packaging must notify the producer of the covered product and the seller’s PRO of the sale (ORS 459A.869(6)).

Steps: Decide who the producer is for each packaging (ORS 459A.866): at retail and for the packaging that directly contains a remotely sold item, the manufacturer or the brand licensee — the US importer if neither is within the United States; for the packaging used to ship a remote sale, whoever packs and ships it. A remote seller that is only the producer of the shipping packaging must notify the producer of the covered product and the seller’s PRO of the sale (ORS 459A.869(6)). → Check the small-producer routes (ORS 459A.863(32)) — the revenue and tonnage tests read "less than", the tonnage in metric tons, and associated companies are counted together (OAR 340-090-0860(6)) — and the items that are not covered products (ORS 459A.863(6)(b); OAR 340-090-0840(2), temporary rule text in effect until 12 March 2027). → Register with and join Circular Action Alliance (ORS 459A.869(1)) — membership has been required since 1 July 2025 for sales into Oregon — unless another person has registered as the producer responsible for all your covered products (ORS 459A.869(4)). → Every year, report to CAA the weight of covered products sold into Oregon, with your method (OAR 340-090-0700(1)(d)); the date is set by CAA, not by the statute — for 2025 data, DEQ gave 31 May 2026 as an anticipated internal CAA deadline. From 2026 on, fees are set on the supply data of two years before (OAR 340-090-0700(4)(b)).

How PPWR Connect answers here

Guided: rule read from the official source, a step-by-step registration guide, and a verification by PPWR Connect — AI-assisted reading and an independent review — within the last 18 months.

Declarations for Oregon export at material level; the official category list is not in our data yet, and the export says so on every line.

We do not file for you and we do not quote fee amounts: you sign into the register in your own name, with the figures prepared from your packaging record.

Five questions about packaging EPR in Oregon

Who is the obligated producer for packaging in Oregon?

The statute sets the producer per type of covered product (ORS 459A.866). Packaging of an item sold at a physical retail location in Oregon: the person that manufactures the packaged item, when it is sold under the manufacturer’s own brand — a brand it wholly owns or co-owns according to the United States Patent and Trademark Office (OAR 340-090-0860(1)(b)) — or without a brand; directing the manufacture, including setting the packaging specifications, counts as manufacturing, while purchasing or ordering items for retail sale does not (OAR 340-090-0860(1)(a)). If the item is manufactured by someone other than the brand owner: the licensee of the brand. If there is no such person within the United States: the person that imports the packaged item into the United States for use in a commercial enterprise that sells, offers for sale or distributes it in Oregon. Remote sales: the packaging that directly protects or contains the item follows the same order, the importer rule included; the packaging used to ship it to the consumer belongs to the person that packages and ships the item, with no location condition. Any other packaging: the person that first distributes the packaged item in or into Oregon. Food serviceware: the person that first sells it in or into Oregon. Magazines, newspapers, catalogs and similar publications: the publisher. No authorised-representative mechanism in the texts read. What takes its place: where no manufacturer or brand licensee is within the United States, the producer of the packaging of items sold in Oregon shops, and of the packaging that directly contains an item sold remotely, is the person that imports the item into the United States for use in a commercial enterprise that sells, offers for sale or distributes it in Oregon (ORS 459A.866(1)(a)(C), (1)(b)(A)); the packaging used to ship a remote sale stays with whoever packs and ships the item to the consumer, with no location condition (ORS 459A.866(1)(b)(B)).

Is there a threshold in Oregon?

Oregon sets an entry threshold below which the producer is exempt or lighter. The figures below are the legal thresholds — never a fee. Turnover: $5,000,000 — gross revenue, geographic scope not stated in the text (DEQ reads it as worldwide); Packaging placed on the market: 1 t — metric ton of covered products sold in or into Oregon for use in the state; Rule: below any one criterion, the producer is exempt.

Where do I register in Oregon?

Oregon DEQ — registration through the PRO (Circular Action Alliance) — https://circularactionalliance.org/registration

When do I report in Oregon?

annual Every year the producer submits to its PRO market data establishing the weight of covered products sold or distributed in or into Oregon, with a description of its calculation method in accordance with applicable best practices; estimates later shown to be inaccurate are corrected before the next annual reporting deadline (OAR 340-090-0700(1)(d)). The date is set by Circular Action Alliance, not by the statute or the rules read: for 2025 data, DEQ gave 31 May 2026 as an anticipated internal CAA deadline — confirm each year’s date with CAA. The first report, 2024 data with a pre-registration, was due by 31 March 2025; it did not apply to small producers, nor to producers without 2024 sales in Oregon, and missing it did not prevent registering later (OAR 340-090-0870). From 2026 on, fees are set on the supply data of two years before (OAR 340-090-0700(4)(b)). The PRO reports to DEQ by 1 July each year for the previous calendar year (ORS 459A.887(1)).

Does PPWR Connect file the declaration for me?

Guided: rule read from the official source, a step-by-step registration guide, and a verification by PPWR Connect — AI-assisted reading and an independent review — within the last 18 months. Declarations for Oregon export at material level; the official category list is not in our data yet, and the export says so on every line. We do not file for you and we do not quote fee amounts: you sign into the register in your own name, with the figures prepared from your packaging record.