Reminder: Key Extended Producer Responsibility (EPR) Reporting Deadlines Approaching

Background on State EPR for Packaging Laws

EPR is a policy approach that requires companies (“producers”) to take responsibility for the collection, recycling, and end-of-life-management of their products and packaging. Currently, seven states have enacted EPR laws applying to packaging: California, Colorado, Maryland, Maine, Minnesota, Oregon, and Washington. Although the scope of the EPR programs vary by state, these laws generally require producers (e.g., brand owners, manufacturers, licensees, etc.) to register with a PRO, report the amount of “covered materials” they sell into the state, and pay fees to the PRO. “Covered materials” typically include single-use packaging and food service ware, and in some states, paper products.¹

Producer Reporting Deadlines

CAA requires covered producers to submit supply reports in six states by May 31, 2026, which falls on a Sunday. CAA has clarified that for CAA reporting deadlines that fall “on a weekend or holiday, the deadline is recognized as 11:59 PM Pacific Time on the next business day,” which in this case is June 1, 2026.² California’s Department of Resources Recycling and Recovery (CalRecycle) has similarly confirmed that registration and reporting deadlines tied to the regulations’ 30-day compliance period (ending May 31) extend to June 1, the next business day.³

• Annual Supply Reports (California, Colorado, Oregon): Producers in California, Colorado, and Oregon must report the total weight of covered materials supplied into the state in calendar year 2025, by material reporting category. Where state-specific data is unavailable, producers may estimate state-level sales using a CAA-prescribed methodology outlined in guidance available on CAA’s Producer Portal.
• Interim or “Pre-Program” Supply Reports (Maryland, Minnesota, Washington): Producers in Maryland, Minnesota, and Washington must submit interim supply reports for calendar year 2025 using “simplified” reporting categories. This means that rather than classifying all materials into highly precise categories, fewer categories are used, thus simplifying reporting. CAA guidance also specifies that Minnesota interim reports should be limited to packaging supplied for “personal, noncommercial use,” notwithstanding the Minnesota statute’s broader definition of packaging, in order “to ease administrative burden and align with Maryland and Washington.” CAA will use these interim reports for program planning purposes for all three states and to inform early fee setting required by Washington’s EPR law.
• Baseline Producer Reports for Plastic Covered Material (California): California producers must submit baseline reports for calendar year 2023 that cover the weight of plastic covered material and the number of plastic components supplied in the state. According to CAA, producers that previously submitted baseline reports before May 1, 2026 must resubmit them by the current deadline.
• Annual Source Reduction Reports (California): California producers must also submit annual source reduction reports covering source reduction activity in calendar year 2025.

Additionally, California producers seeking a “small producer” exemption – available to producers with less than $1 million in gross sales in the state in the most recent calendar year – must register with CalRecycle and submit an exemption application by June 1, 2026.⁴ CAA has advised that producers intending to apply for this exemption “should have indicated self-registration and self-reporting during their CAA registration,” and, if necessary, should update their registration through the Producer Portal.⁵

California producers must also submit the Individual Source Reduction Plan by August 1, 2026.

CAA and CalRecycle Compliance Resources

To assist producers with reporting, CAA has published several guidance documents and other resources on its Producer Portal, including guidance on preparing annual and interim supply reports, estimating state-specific sales data when it is not available, and completing California’s source reduction reports. CalRecycle has also published guidance materials to support California-specific compliance.⁶

Next Steps

We continue to monitor the implementation of state EPR laws and are available to assist. Please do not hesitate to contact us about this or any other matter.

Authored by Veronica Colas and Rebecca Popkin.