Rules read on 2026-09-12 · From the state agencies and the PRO; some thresholds from secondary sources are marked; legal review pending.
At a glance — the states with a law
| State | Law | Fees from | Turnover threshold | Tonnage threshold | Rule | Verified |
|---|---|---|---|---|---|---|
| California | SB 54 (2022), Plastic Pollution Prevention and Packaging Producer Responsibility Act; final regulations effective 1 May 2026 | 2026-08 | $1,000,000 (in-state) | — | below any one criterion → exempt | 2026-09-12 (secondary source) |
| Colorado | HB 22-1355 (2022), Producer Responsibility Program for Statewide Recycling Act | 2026-01 | $5,632,843 (worldwide) | 1 t | below any one criterion → exempt | 2026-09-12 (secondary source) |
| Maryland | SB 901 (2025), Packaging and Paper Products Producer Responsibility Program | 2028-07 | $2,000,000 (worldwide) | 1 t | below any one criterion → exempt | 2026-09-12 (secondary source) |
| Maine | 38 M.R.S. §2146 (2021, amended June 2025) — Stewardship Program for Packaging | — | $2,000,000 (worldwide) | 1 t | below any one criterion → exempt | 2026-09-12 |
| Minnesota | HF 3911 (2024), Packaging Waste and Cost Reduction Act | 2029-02 | $2,000,000 (worldwide) | 1 t | below any one criterion → exempt | 2026-09-12 (secondary source) |
| Oregon | SB 582 (2021), Plastic Pollution and Recycling Modernization Act | 2025-07 | $5,000,000 (worldwide) | 1 t | below any one criterion → exempt | 2026-09-12 (secondary source) |
| Washington | E2SSB 5284 (2025), Recycling Reform Act | 2029-01 | $5,000,000 (worldwide) | 1 t | below any one criterion → exempt | 2026-09-12 (secondary source) |
Who is the producer — brand owner first
The brand owner or licensee first, then the importer or distributor in California; no residence condition — a foreign brand owner can be the producer (secondary source).
Unlike the EU (where the producer is the party established in the Member State) and the UK (where the obligation moves to the UK business), a US state law can make you, the EU brand owner, the producer for what is sold under your brand in that state. The importer and the distributor come next, in that order.
The small-producer exemptions
Small-producer exemption on the revenue test only — no tonnage test in this state.
The revenue test is usually on worldwide gross revenue, the tonnage test — where it exists — on packaging sold into the state. Below either, the producer is exempt in that state; the tests are per state, so the answer can differ between California and Oregon for the same portfolio.
What to prepare
- Your covered-material categories per state: each state publishes its own list through the agency or the PRO; our exports are material-level until those lists are in our data, and say so.
- Units sold into each state per year — reporting is annual, with the first supply reports due on the dates the PRO publishes.
- Source-reduction and recycled-content commitments where the state law sets targets — they are yours, per brand.
- A decision on who registers with the PRO when several parties could qualify — the law names the brand owner first; the contract can organise the data flow.
How PPWR Connect helps here
One packaging record per unit; the US export gives units placed × unit weights by material per state and year, with the depth of our answer shown on each state (sourced today; guided once a named person signs the review). We do not register you with the PRO and we never quote a fee: fee schedules are the PRO’s, revised yearly.
Five questions
- Is there a US federal packaging EPR law?
- No. Packaging EPR is state law; 7 states have one today in our table. Each is answered separately.
- I have no US entity. Can I still be the producer?
- Yes, in the states whose law names the brand owner first without a residence condition. Check the state entry and the PRO’s registration rules.
- Are the thresholds the same in every state?
- No. Each state sets its own revenue and, sometimes, tonnage thresholds; the table above reads them state by state with the source and date.
- Which categories do I declare?
- The state’s covered-material categories, published by the agency or the PRO. Our data does not hold those lists yet; the export is material-level and says so on every line.
- Does PPWR Connect register me with the PRO?
- No. It prepares the data from your packaging record; you register and report in your own name. Fee amounts are never stated.
Primary sources
What the sourced state rules imply for an EU exporter — an indication provided for information, not legal advice. State rules and PRO guidance change every year: verify with the state agency before acting.