If your brand sells packaged goods into California, Oregon, Colorado, or Maine, you may be swept into that state’s Extended Producer Responsibility (EPR) packaging law even if you’re a small operation. The good news: all four programs carve out a “small producer” or de minimis exemption so tiny and early-stage brands aren’t stuck with the same reporting and fee burden as national CPG companies.
The catch is that each state defines “small” differently, using its own revenue figure, tonnage cutoff, or both. This guide walks through the exact thresholds for each state so you can figure out where you stand, plus what to do if you’re close to the line.
Quick Answer
You likely qualify for a small-producer exemption if: in California your gross sales are under $1 million; in Oregon your gross revenue is under $5 million OR you place under 1 metric ton of covered packaging on the market; in Colorado your global revenue is under the state’s CPI-adjusted limit (about $5.6 million as of mid-2025) OR you’re under 1 metric ton; and in Maine your gross revenue is under $2 million during the program’s first three years (rising to under $5 million from year four on) OR you’re under 1 ton. Meeting any one applicable condition in a state is usually enough — you don’t need to clear every bar.
State-by-State Thresholds
California (SB 54): The small producer exemption applies to brands with less than $1 million in gross sales into California in the most recent calendar year. There’s no separate tonnage alternative — it’s a revenue-only test. Even exempt producers should still plan for California’s longer-term packaging recyclability requirements, since the exemption covers reporting and fees, not every future obligation. California’s program is administered through the Circular Action Alliance (CAA), the state’s approved Producer Responsibility Organization; covered producers had to register or claim an exemption by June 1, 2026.
Oregon (Recycling Modernization Act): You’re exempt if your gross annual revenue is under $5 million, or if you place less than 1 metric ton of covered packaging and paper products into Oregon per year. These are independent tests — hitting either one qualifies you, so a low-volume brand with higher revenue (or vice versa) can still be exempt. Oregon’s rules also recognize several other small-producer pathways beyond straight revenue or tonnage, so it’s worth checking Oregon DEQ’s exemption guidance if your situation is unusual (franchises, government producers, etc.).
Colorado (Producer Responsibility Program for Statewide Recycling Act): The exemption applies if your global revenue falls under the state’s dollar limit, which started at $5 million and is adjusted annually for inflation by the Colorado Department of Public Health and Environment (CDPHE) — it stood at roughly $5.63 million as of July 1, 2025. As in Oregon, placing less than 1 metric ton of packaging into Colorado also qualifies you on its own. Because the dollar limit moves every year, confirm the current figure with CDPHE or CAA (which also administers Colorado’s program) rather than relying on last year’s number.
Maine (Extended Producer Responsibility for Packaging): Maine’s exemption is revenue-based and steps up over time rather than down. Producers with less than $2 million in gross annual revenue are exempt for the first three program years after the contract between Maine DEP and the program’s stewardship organization takes effect; from year four onward, the exemption threshold rises to less than $5 million in gross annual revenue. Producers placing less than 1 ton of packaging on the market are also exempt regardless of revenue. As of late 2026, Maine’s program remains pre-operational — the state has not yet finalized a stewardship organization contract, so the effective date that starts this three-year clock hasn’t been set. Maine additionally exempts every producer’s first 15 tons of packaging used for perishable food (bakery, meat, poultry, seafood, dairy, eggs, and fresh produce), which can matter even if you don’t qualify for the full small-producer exemption.
How to Check Your Status
Start by pulling your prior calendar year’s gross revenue — total company revenue, not just packaging-related sales, is typically what these laws ask for, though the geographic scope (revenue “in the state” vs. global revenue) varies by program, so read each state’s definition carefully. Next, estimate the weight of packaging and paper products you place into each state annually; if you’re anywhere near 1 metric ton, get an actual weight rather than guessing.
Compare those two numbers against the thresholds above for each state where you sell. Because Oregon and Colorado let you qualify by meeting either the revenue or tonnage test, a low-revenue but packaging-heavy business (or a high-revenue but low-volume one) can still land in the exempt bucket. California’s core test is revenue-only, while Maine’s threshold itself changes depending on how many years the program has been running, so revisit it as Maine’s timeline firms up.
If you’re borderline in any state, most programs still recommend registering and formally claiming the exemption rather than simply staying silent, since you may need to document your exempt status if questioned. Circular Action Alliance, which administers the PRO role in California, Colorado, and other EPR states, is generally the place you’d file supply data or exemption claims once you know where you land.
Tips / Common Mistakes
Don’t assume exemption in one state carries over to another — a brand can be a small producer in Maine but well above Colorado’s threshold, or vice versa, since the dollar figures and rules aren’t aligned. Also don’t confuse “exempt from fees/reporting” with “exempt from every future requirement”: California’s small-producer exemption, for example, doesn’t excuse a brand from the state’s separate packaging recyclability targets down the road.
Watch the moving parts: Colorado’s revenue threshold is CPI-adjusted every July 1, and Maine’s threshold rises from $2 million to $5 million once the program reaches its fourth year, so a number that’s accurate today may change once Maine’s stewardship organization contract is finalized and the clock starts. If your revenue or volume is trending upward and you’re currently exempt, check thresholds annually rather than assuming your status is permanent.
Finally, don’t skip registration just because you believe you qualify — several states expect even exempt producers to register or file a claim so the state and PRO have a record of your exempt status, rather than you simply not appearing in the system at all.
Explore more: More packaging compliance guides.
EPR de minimis exemption FAQs
What counts as “revenue” for these thresholds — just packaging sales, or total company revenue?
Generally it’s total gross company revenue (often specifically gross sales into that state, or global revenue depending on the program), not revenue tied only to packaged products. Check each state’s exact definition, since California’s SB 54 uses California gross sales while Colorado and Oregon reference broader revenue figures.
If I’m exempt in one state, do I still need to register anywhere?
Often yes. Several programs, including California’s, expect small producers to register or formally apply for the exemption rather than simply not participating, so there’s a documented record if your exempt status is ever questioned.
Do these thresholds change over time?
Some do. Colorado’s revenue limit is adjusted annually for inflation each July 1, and Maine’s threshold actually rises rather than falls: producers under $2 million are exempt for the program’s first three years, then the bar moves up to under $5 million from year four onward. California’s and Oregon’s core thresholds have not been structured to auto-adjust in the same way, but always confirm current figures with the state agency or PRO before relying on them.
Which organization actually administers these EPR programs?
Circular Action Alliance (CAA) has been designated as the Producer Responsibility Organization in California, Colorado, and several other EPR states, handling registration, supply data reporting, and fee collection on the state’s behalf. Oregon has its own program structure, and Maine’s stewardship organization has not yet been finalized as of late 2026, so confirm the correct PRO or state agency contact for each state you operate in.
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Photo by Giorgio Trovato on Unsplash.