A consultant for single-use packaging producers obligated under Oregon’s Extended Producer Responsibility law is sounding the alarm on a large number of producers who have not yet registered with facilitators of the program, even with the material-reporting deadline just over two months away.
While the law requires obligated producers in the state to report their packaging material data to Circular Action Alliance (CAA) – the producer responsibility organization (PRO) overseeing the program and collecting fees – by 31 March, producers that account for about half of all targeted packaging in the state have not yet taken the first step, which is registering with CAA, said Michael Washburn, principal at New Jersey-based Washburn Consulting, in a 16 January interview.
As a result, those producers, which span the personal care, cosmetics, food and household products spaces, could see enforcement action from the Oregon Department of Environmental Quality (DEQ). Actions could include hefty penalties and interest payments on top of regular program fees, said Washburn, who advises producers preparing for EPR laws and who was involved in the development of several of the laws.
“If you don’t make the March 31 deadline for Oregon, you don’t get a pass because you missed the day the exam was given. You still have to do it,” he said. “And frankly, if you were starting today, especially if you are a medium to large enterprise, you’re not going to make it.”
EPR schemes adopted by Oregon and other states and municipalities require producers of consumer packaging materials including paper, plastic, glass and metal, to pay fees to PROs that use the revenues to expand recycling and consumer education. The schemes exclude producers who qualify for an exemption or that intend to submit an individual compliance plan under applicable law.
Oregon passed its EPR law in 2021, with an effective date of 1 July, 2025. Colorado and California passed their laws in 2022, with material-reporting deadlines of August 2025. Colorado’s program launches January 2026, while California’s kicks off in January 2027.
Washburn noted about 2,400 packaging producers overall are registered with Washington DC-based CAA, of which he estimates 90% are obligated to register in the state of Oregon; CAA also oversees the EPR programs in Colorado and California.
While many who are registered are the larger companies that account for a large percentage of product, Washburn estimates roughly 10,000 producers are “technically obligated” by the law to register in Oregon, though he cautions “nobody has that specific number with any confidence yet.”
Registration is a critical first step to get companies on track for their reporting requirements and enables the CAA to develop a fee schedule, which is impacted by the number of registrants and will vary by covered materials and packaging type reported. CAA had set a 1 July 2024 registration deadline to promote timely compliance with state mandates, though Colorado set its own mandated deadline for producers of 1 October, 2024.
Washburn believes many of the unregistered are still unaware of the law while others are knowingly dodging it, perhaps hoping Oregon will push the deadline back. He’s heard that some producers are holding out hope that the new presidential administration will negate the entire law, which is a “wild misunderstanding of how our federal republic actually works,” he said.
“Will Oregon DEQ afford some kind of a grace period? Perhaps, but that’s not going to be a prolonged period,” Washburn said.
Producers hoping to slip by unnoticed will be greatly disappointed, he added.
“My belief is that you will ultimately be discovered if you are obligated, because the producer registry is public. And so those who are playing by the rules can go in and look and see if their competitors have registered and where they haven’t, they can make that referral either to CAA or to the Oregon DEQ.”
DEQ has within its authority the right to charge program fees from the beginning of the program, even if a company is discovered three years into the program as having not registered and paid its fees, said Washburn. Additionally, “if you’re coming in late, you will pay penalties and interest,” he said.
Further, companies could take a hit to their image if they are found to be out of compliance down the road. For example, Washburn noted that in October 2024, the Washington Department of Ecology fined 35 companies for not complying with the state’s post-consumer recycled content law, as they were found to be using too little recycled material; those firms were fined and publicly shamed, noted Washburn.
Registration Easy, Material Reporting Made Easier With Data Provider
Companies can register on CAA’s website, which CAA has said takes about 90 seconds, and can be amended or canceled at any time. The registration process requires the producer’s legal business name, states in which it is likely to be considered an obligated producer, and a primary contact’s email address and phone number.
Registering allows CAA to notify parties when time comes to meet applicable requirements of CAA’s participant producer agreement (PPA), which will outline terms and conditions between the company and CAA.
For reporting materials, a process CAA previously said could take between four to six months, companies can refer to a CAA guidance document.
While producer reporting requirements vary by state, CAA notes on its website that reporting for obligated producers generally includes the following steps:
- Producers identify the internal person or team to support the development of their report.
- Producers select the best available methodology for collecting base supply data of covered materials such as packaging, paper, and food serviceware.
- Producers determine the relevant information needed for the report, including sales and packaging weights of covered materials they supply into the state program, brands represented in the report, and all affiliated or associated producers that are also obligated in the program (see guidance for details).
- Producers enter and submit their report on CAA’s Producer Portal.
In a previous interview, Washburn encouraged producers – especially larger ones – to enlist help from third-party data providers in collecting and reporting their packaging material, unless that data is “really simple.” He noted funding will need to be allocated for the third party, including for software access.
Third-party data providers have built “reliable” databases from their work with other companies that are helpful in filling in the blanks during the material inventory process, Washburn said. For example, he noted, “they can say, ‘you have this 12 by 20 [inch] cardboard carton and you don’t have a basis weight for that? Here’s an industry average.’” Third-party data providers also help ensure weights are precise, he said.
The consultant also advises companies to factor into their 2025 budget the funding for the EPR program, as they can expect to receive an invoice from CAA in June.
Washburn is concerned for companies that haven’t adequately prepared and factored into their 2025 budget a placeholder number for their EPR payment. Nonetheless, “the sooner you get into this process, the easier this is going to be. The minute you care about this, you better turn it on, because this is a forever problem,” Washburn said.
“Let’s get this right because having it be built wrong in the first place is a bigger problem. So we’re balancing that urgency with precision and care to make sure that we lay a good foundation.”
Michael Washburn
Producers have other fast-approaching deadlines to contend with as well. Notably, 31 August is the deadline for reporting data to CAA for the first two quarters of 2025 for both Colorado and California. In January 2026, fee payments are due for the Colorado EPR program.
During the Independent Beauty Association’s April Convergence Spring Symposium, a representative from CAA said the alliance is working toward harmonization across the state programs, to lessen the burden for stakeholders. For example, reporting of materials is through a single reporting portal, “which gives producers and CAA an opportunity to be involved across the states and try and drive as much harmonization between state programs as possible,” CAA said.
Nonetheless, getting Oregon’s EPR requirements right sets companies up for success with the remaining responsibilities under the various state programs.
“What I’m saying to folks is, ‘yeah, we’re going to scramble.’ We got to deal with Oregon, but let’s get this right because having it be built wrong in the first place is a bigger problem. So we’re balancing that urgency with precision and care to make sure that we lay a good foundation.”
