Staff Writer
With the March 31, 2025, deadline fast approaching, businesses operating in
Oregon must ensure compliance with the state's Extended Producer Responsibility (EPR) laws. These regulations, enforced under the
Plastic Pollution and Recycling Modernization Act, require producers of certain materials to report their supply and take accountability for waste management. Failure to comply could result in penalties and impact business operations.
Who Needs to Comply?
EPR regulations apply to producers of:
- Packaging materials (paper, plastic, glass, metal, cartons, flexible foam, rigid packaging, etc.)
- Food serviceware (cups, plates, trays, takeout containers, cutlery, straws, etc.)
- Printing and writing paper (magazines, newspapers, catalogs, brochures, office paper, and similar products)
If your company sells, distributes, or imports these materials into Oregon, you are likely subject to compliance requirements.
Key Compliance Steps Before March 31
- Register with Circular Action Alliance (CAA)
- If you haven't already, register at circularaction.org.
- Ensure you sign the Producer Participant Agreement before reporting.
- Submit Your First Supply Report
- Companies must report the quantity and types of covered materials they introduced into Oregon’s market in the past year.
- This data will be used to determine your financial contribution to waste management programs under EPR.
- Review Producer Responsibilities and Hierarchies
- The obligated producer is typically:
- The brand owner selling the product in Oregon.
- The entity licensing or distributing the product under a trademark.
- The importer, if no U.S.-based brand owner exists.
- Determine Exemptions
- Some businesses and products qualify for exemptions, including:
- Small producers (under $5 million in global revenue or selling less than one metric ton of covered materials in Oregon annually).
- Certain beverage containers, durable goods packaging, and medical device packaging.
- Nonprofit organizations and government agencies.
- Ensure Compliance with Oregon’s Final EPR Rules
- The Environmental Quality Commission (EQC) finalized Phase 2 rules in November 2024, introducing updates to producer definitions and obligations.
- New rule changes include:
- Shipping and moving materials are now considered covered products.
- Wraps sold directly to consumers (e.g., aluminum foil, parchment paper) now fall under food serviceware.
- Clarification that the first seller in Oregon (not the distributor) is responsible for service packaging compliance.
Why Compliance Matters
Failing to comply with Oregon’s EPR laws can result in fines, legal consequences, and reputational damage. Additionally, companies that meet EPR requirements will gain a competitive edge by aligning with sustainability initiatives and demonstrating corporate environmental responsibility.
As the March 31 deadline nears, companies should take immediate action to review their compliance status, submit reports, and ensure ongoing adherence to EPR regulations. Oregon’s policy is part of a broader trend toward producer responsibility laws in the U.S., with states like Colorado, California, and Washington also implementing similar programs.
