Thresholds by state
Do I need to register for packaging EPR?
The small-producer thresholds in the six CAA states, from the statutes and regulations. Checked November 3, 2026.
The short answer
Each state exempts small producers, and the lines are low. Oregon and Washington exempt small producers under $5 million in revenue or 1 ton of packaging into the state, and Colorado under $5,779,297 or 1 ton; Minnesota and Maryland at $2 million or 1 ton; California at under $1 million in California sales, by application. You decide whether a threshold applies.
| State | You are outside the program if | How the tests combine | Source |
|---|---|---|---|
| California | Gross sales in California of less than $1 million in the most recent calendar year. | One test (California sales only) | Cal. Pub. Res. Code §42060(a)(5) CalRecycle: Exemptions and exclusions |
| Oregon | Gross revenue of less than $5 million in the most recent fiscal year, or less than 1 metric ton of covered products sold into Oregon in the most recent calendar year. | Either test is enough | ORS 459A.863(32) and 459A.872 Oregon DEQ: Producer exemptions Oregon DEQ: Exemptions FAQ (updated October 26, 2026) |
| Colorado | Realized gross total global revenue of less than $5,779,297 in the prior calendar year, not counting on-premises alcohol sales, or less than 1 ton of covered materials used for products sold into Colorado in the prior calendar year. | Either test is enough | HB22-1355, C.R.S. 25-17-713(1) (signed act) CDPHE: Solid waste rulemakings (6 CCR 1007-2 Part 1, effective July 15, 2026) |
| Washington | Less than 1 ton of covered materials introduced in the most recent fiscal year, or global gross revenue of less than $5 million in the prior fiscal year, not counting on-premises alcohol sales. | Either test is enough | RCW 70A.208.020(16) |
| Minnesota | Less than 1 ton of covered material introduced into Minnesota, or global gross revenue of less than $2 million, in the most recent fiscal year. | Either test is enough | Minn. Stat. 115A.1441, subd. 13 and 26 |
| Maryland | Less than 1 ton of covered material introduced into Maryland, or global gross revenue of less than $2 million, in the most recent fiscal year. | Either test is enough | Md. Code, Environment §9-2501(j) |
Oregon’s law says metric ton. Colorado, Washington, Minnesota and Maryland say ton without naming a unit, so if you are close to 1 ton, check the state’s guidance or ask CAA. Revenue figures are in US dollars.
Key facts
- California’s small-producer exemption applies to less than $1 million in California gross sales in the most recent calendar year, and producers must apply for it.Source: PRC §42060(a)(5), CalRecycle. Checked November 3, 2026.
- Colorado’s small-producer revenue limit is $5,779,297 in global revenue for the prior calendar year, from July 1, 2026.Source: CDPHE rulemakings, 6 CCR 1007-2 Part 1 §1.8.2. Checked November 3, 2026.
- Minnesota and Maryland treat a producer as de minimis below $2 million in global gross revenue or 1 ton into the state in the most recent fiscal year.Source: Minn. Stat. 115A.1441, Md. Code, Env. §9-2501. Checked November 3, 2026.
State by state
California
Not automatic: a small producer applies to CalRecycle, after first registering in CalRecycle’s PEPRS system, and an approved exemption lasts one year. CalRecycle can deny it where it would hinder a material category, and it does not lift the requirement that covered material be recyclable or compostable by 2032.
Oregon
DEQ counts global revenue, and associated producers add their revenue and Oregon volumes together. A beverage manufacturer whose containers fall under Oregon’s bottle bill has a 5 metric ton test. DEQ says small producers need not register, report or pay, and encourages producers near a threshold to register anyway.
Colorado
The Act sets the revenue test at $5 million, and CDPHE adjusts it each July 1 for inflation (Denver-Aurora-Lakewood CPI). $5,779,297 applies from July 1, 2026 under 6 CCR 1007-2 Part 1, §1.8.2. The Act also exempts government, nonprofits, some agricultural employers and single-location retail food establishments.
Washington
A third test covers agricultural employers with less than $5 million in Washington consumer sales under their own brand. The revenue figure is adjusted for inflation from January 1, 2031. A de minimis producer is not a producer under the law.
Minnesota
A de minimis producer is not a producer under the law. Government bodies and registered 501(c)(3) and 501(c)(4) organizations are also outside the definition.
Maryland
A de minimis producer is not a producer under the law. Government bodies and registered 501(c)(3) and 501(c)(4) organizations are also outside the definition.
Below a threshold? Three things to check
- Who the producer is. Usually the brand owner. Where there is no brand owner in the state, the duty moves to the licensee, importer or first distributor, and retailers are producers for their private-label goods.
- Related companies. In Oregon, associated producers add their revenue and Oregon volumes together.
- Next year. The tests look at the most recent or prior year, so growth can move you over a line. California’s exemption lasts one year at a time.
Who counts as a producer?
Usually the brand owner of the packaged product. Where there is no brand owner in the state’s chain, the definitions move to the licensee, importer or first distributor, and retailers are producers for their private-label goods. Each state’s law defines it a little differently, and CAA publishes producer-definition guidance for each state. You decide whether you’re a producer, with your counsel if you like; our free EPR Check lays the rule text next to your figures.
We summarize public sources and may miss a later change. This is general information, not legal advice. You decide your producer status.
Questions
Frequently asked
Is there a small-business exemption from packaging EPR?
Yes, in each of the six CAA states, but the tests differ. Oregon and Washington use $5 million in revenue and Colorado $5,779,297 (inflation-adjusted from July 1, 2026); Minnesota and Maryland use $2 million; California uses less than $1 million in California sales. Oregon, Colorado, Washington, Minnesota and Maryland also have a 1 ton test, and meeting either test is enough there. (Checked November 3, 2026.)
Is the revenue test based on global or state revenue?
Global revenue in Oregon (per DEQ), Colorado, Washington, Minnesota and Maryland. California's test uses gross sales in California.
Do I have to apply for the exemption?
In California, yes: you apply to CalRecycle, and an approved exemption lasts one year. Oregon DEQ says small producers need not register, report or pay. Washington, Minnesota and Maryland leave de minimis producers out of the definition of producer.
Is one ton a metric ton?
Oregon’s law says metric ton. Colorado, Washington, Minnesota and Maryland say ton without naming a unit, so if you are close to 1 ton, check the state’s guidance or ask CAA.
Do you decide whether we qualify?
No. We lay each state's rule text next to your figures in a free EPR Check, and you decide, with your counsel if you like. We are not a law firm and don't give legal advice.
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