Does extended producer responsibility (EPR) apply to your business in the US?

Does your business need to comply with extended producer responsibility (EPR) laws? With seven US states now enforcing or developing packaging EPR programs, more businesses are facing new responsibilities for managing packaging waste and the end-to-end lifecycle of the products they produce.

But not every business is required to comply. Your obligations depend on where you sell, the products and packaging you use, and whether you qualify for an exemption.

This guide breaks down who must comply, the exemptions available, and how to determine whether EPR applies to your business.

Quick checklist: Does EPR apply to your business

Because EPR requirements vary across the US, your business may need to comply with laws in multiple states, including those where it sells products but has no physical presence. A company based in Texas may still need to assess its obligations in Oregon or California if it sells covered products into those markets.

Answering the following five questions will help you understand which requirements apply to your business.

While answering these questions provides an initial indication of whether EPR applies to your business, businesses should confirm with official regulatory guidance before determining their compliance obligations.

Who is considered a producer under US EPR laws?

Under US packaging EPR laws, the responsible producer is generally the business legally accountable for covered products or packaging placed on the market. However, determining which company bears that responsibility isn’t always straightforward when several businesses could be involved in the manufacturing, branding, importing, and selling of the same product.

Producer responsibility typically follows a hierarchy, with brand owners taking priority. If the brand owner doesn’t meet the relevant state’s criteria, responsibility could fall to another business in the supply chain, such as the importer or distributor. It means EPR obligations can apply to manufacturers, brand owners, importers, distributors, and retailers selling private-label products, as well as e-commerce businesses, which may have obligations when selling covered products or introducing shipping packaging into regulated states.

A US retailer selling snacks manufactured by a third party under its own private label may be considered the responsible producer, even though it doesn‘t manufacture the products itself.

To determine which entity is responsible, businesses should consult the definitions of “producer” in each state’s EPR legislation or official regulatory guidance. These explain the order of responsibility between brand owners, manufacturers, importers, and other businesses in the supply chain. 

The Circular Action Alliance (CAA) is a great practical starting point that provides state-specific resources to help producers understand their obligations.

Which products and businesses are covered by US EPR laws?

US packaging EPR laws generally cover materials used to contain, protect, transport, or present products, including paper, cardboard, plastics, glass, and metals. Normally, this covers three forms of packaging: 

1. Primary packaging: Materials directly containing a product, such as plastic bottles, food wrappers, and glass jars.
2. Secondary packaging: Materials grouping products together, such as cardboard multipacks and protective wrapping.
3. Shipping packaging: Boxes, cushioning materials, and other packaging used to deliver products to customers.

Coverage varies by state. For example, Oregon’s Plastic Pollution and Recycling Modernization Act includes printing and writing paper, such as newspapers, magazines, and office paper, while California’s SB 54 focuses on single-use packaging and plastic food service ware.

Small business and other EPR exemptions

Some states exempt smaller businesses based on annual revenue or the quantity of covered materials they place on the market. However, understanding whether your business meets this is complicated because there is no universal US exemption threshold. Oregon uses a $5 million global gross revenue threshold; other states apply lower limits or inflation-adjusted figures.

Exemptions can also apply to specific products or packaging materials, particularly where separate regulations already govern their collection, recycling, or disposal. For example, California’s SB 54 excludes certain packaging used for prescription drugs, medical devices, and beverage containers, which are covered by separate recycling legislation.

The key point: Meeting an exemption threshold in one state doesn’t automatically exempt a business in another. Businesses must assess the relevant revenue, packaging volume, and product-specific criteria for each state in which they operate.

How do EPR exemption thresholds vary by US state?

Each of the seven US states that have enacted comprehensive packaging EPR laws – California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington – has its own eligibility criteria, including revenue thresholds and packaging volumes for certain products or businesses. 

The table below compares the main small-business exemption thresholds.

Note: Thresholds reflect legislation and guidance available in November 2026. Figures sourced from EPR Fee Check. 

In several states, meeting either the revenue or packaging-volume threshold can qualify a business for an exemption. 

However, these thresholds are not interchangeable, and the precise eligibility rules differ.

What should you do if EPR applies to your business?

So, you’ve confirmed that your business is subject to EPR requirements. What happens now? 

The next step is to understand your obligations in each relevant state.

1. Confirm your obligations: Review the relevant state legislation to identify registration requirements, reporting deadlines, and applicable producer fees.
2. Register with the appropriate organization: Join the relevant producer responsibility organization (PRO), such as Circular Action Alliance (CAA), or register with the state agency where required.
3. Collect packaging data: Track the materials, weights, and quantities of packaging sold into each state, working with suppliers to obtain accurate specifications.
4. Prepare reports and fee payments: Submit the required information and pay applicable fees according to each state’s implementation schedule.
5. Maintain supporting records: Keep documentation of packaging data, submissions, and payments to support compliance verification.

Managing EPR requirements across multiple states can be challenging, particularly when packaging information, supplier specifications, and reporting records are spread across different teams and systems.

Sweep, a sustainability intelligence platform, helps businesses centralize sustainability data, collaborate with suppliers, and maintain reliable records. Its AI assistant, Sweepy, can also help teams analyze sustainability data, identify data gaps, and generate insights to support more informed decisions.

As US packaging EPR programs continue to evolve, businesses will need to reassess their obligations and keep their data up to date. 

Understanding which laws apply is the first step; maintaining accurate information and monitoring regulatory changes can help businesses manage compliance risks and avoid unexpected costs.