This page gives the threshold for every enacted packaging EPR state, whether its tests are joined by AND or OR, and whether relief is automatic or has to be applied for. California and Oregon break the pattern, as the sections below explain.
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Last updated October 25, 2026.
Whether a producer is too small to be covered depends on the number, what the number is measured on, and whether relief is automatic. Every enacted state with more than one test joins them with OR, so meeting any one of them is enough, and California has a single revenue test. What varies is the dollar threshold, the unit (Oregon is the only state that says metric ton; Colorado, Maryland, Minnesota, Washington, and Maine each say "one ton" and define no unit), whether revenue is global or in-state, whether related companies are counted together (Oregon only), and whether the exemption applies automatically or must be applied for, as California requires.
| State | Threshold | Test logic | How relief works |
|---|---|---|---|
| Oregon | under 1 metric ton of covered products sold into Oregon or under $5 million gross revenue, either one enough, with associated producers aggregated (ORS 459A.863(32)(c) and (d); OAR 340-090-0860(6))current October 11, 2026 | OR logic. Either test qualifies. | Automatic where the test is met. A tiered flat fee is available above it. |
| Colorado | less than one ton of covered materials into Colorado, or under $5,779,297 in global gross revenue in the prior calendar year, excluding on-premises alcohol sales (the Producer Exemption Dollar Limit as of July 1, 2026; either qualifies; C.R.S. 25-17-713(1)(a) and (b); 6 CCR 1007-2 Part 1 s1.8.2)current October 22, 2026 | OR logic. Either test qualifies. | Automatic where the test is met. An optional flat dues structure is available for producers supplying 10 short tons or less. |
| California | <$1M CA gross sales, must applycurrent October 11, 2026 | Revenue only | Formal application required, and relief is not automatic. |
| Maine | <1 ton into ME OR <$2M total gross revenue OR more than 50% of revenue from goods acquired through insurance salvages, closeouts, bankruptcies, and liquidations (2146(2)(C)); any one qualifies; the revenue line is $5M for the period from one year to three years after the SO contract takes effect (38 MRSA 2146(2)). Statute and Chapter 428 both say "ton" without specifying metric or shortcurrent October 11, 2026 | OR logic. Either test qualifies. | Statutory. Mechanics follow once a Stewardship Organization is under contract. |
| Minnesota | Under 1 ton introduced into Minnesota OR under $2M global gross revenue (Minn. Stat. 115A.1441 subd. 13)current October 11, 2026 | OR logic. Either test qualifies. | Automatic where either test is met. |
| Maryland | <1 ton OR <$2M global revenuecurrent October 11, 2026 | OR logic. Either test qualifies. | Maryland excludes a de minimis producer from the definition of producer, and MDE publishes an Exempt or Excluded Producer Determination Request form that lists both tests. |
| Washington | Under 1 ton of covered materials, under $5M global gross revenue excluding on-premises alcohol sales, or an agricultural employer under $5M in Washington consumer sales of own-brand agricultural commodities; any one qualifies (RCW 70A.208.020(16))current October 11, 2026 | OR logic. Three tests, any one qualifies. | Automatic where a test is met. Available now, with CPI adjustment from 2031. |
Six of the seven enacted states apply the threshold to a single legal person, while Oregon aggregates the whole group.
Oregon aggregates. Under OAR 340-090-0860(6), the gross revenues and covered product volumes of associated producers must be added together before the small producer thresholds are applied. Oregon DEQ's exemptions FAQ says the figures "must be added together across all associated producers before comparing with the small producer de minimis thresholds", and none of the producers in the group is exempt if the aggregate fails. Associated producers are defined broadly and cover same-family ownership in the same line of business, ownership or control of more than 50 percent of another producer directly or indirectly, Internal Revenue Code section 1563(a) controlled groups, certain trust arrangements, and common-control corporation, partnership, and LLC combinations.
That rule governs the small producer test, the large producer test, and eligibility for the tiered flat fee under ORS 459A.884(6). A corporate group cannot split itself into qualifying entities in Oregon, and it cannot split its way into the flat fee either.
Washington, Maryland, Minnesota, Colorado, Maine, and California contain no equivalent. Each applies its de minimis or small producer test to a single "person" or "producer" with no affiliate, parent, subsidiary, or common-control aggregation language (RCW 70A.208.020(16); COMAR 26.04.14.02B(14); Minn. Stat. 115A.1441, subd. 13; 6 CCR 1007-2 Part 1, s1.8.2 and s18.2.3; PRC 42060(a)(5) and 14 CCR 18980.5.2; 38 M.R.S. 2146(2)). Franchise rules are a separate question. Washington, Maryland, Minnesota, and Maine name the franchisor as the producer where it has franchisees with a commercial presence in the state, Colorado's rule does so where it has franchisees that operate in Colorado (6 CCR 1007-2 Part 1 s18.2.2), and California makes the in-state franchisor the producer for goods sold under a franchise or sublicense agreement (14 CCR 18980.1.1). Those rules decide who the producer is; they do not add related companies’ revenue together.
Reading a threshold as entity-level is not the same as a restructuring being effective, because the producer cascades in Washington, Maryland, Colorado, and Maine all reach the manufacturer of goods sold in packaging without brand identification, so unbranded lines follow the factory whatever the corporate chart says. And Oregon's rule shows that a state can choose to aggregate, so the six-state position reflects the instruments as they read today.
Where a small producer is exempt in Oregon, its products are orphaned: DEQ confirms that no other party in the chain becomes liable and no fees are paid on those products.
Maine carries relief no other state has, and it is separate from the de minimis test. Under 38 MRSA 2146(2), every producer is exempt from the requirements of the section "with respect to the first 15 tons of packaging material" used for products that were perishable food, whatever that producer's revenue.
The statute defines perishable food expressly, and the list is broad: bakery products, fresh and processed meats, poultry, seafood, dairy products, eggs in the shells, and fresh fruits and vegetables, and it excludes food sold, offered for sale, or distributed for sale frozen, except frozen wild blueberries. For a food producer this can matter more than the revenue test, because it applies in addition to it.
Maine's statute uses a 15-ton figure in two separate provisions. The low-volume producer definition, more than one ton but less than 15 tons, governs simplified reporting and the $500 per ton flat fee. The perishable food exemption is a first-15-tons allowance against the packaging itself.
California relief is not automatic, and sub-$1M producers must formally apply for the exemption. A producer that reads the $1M line as an applicability switch and files nothing stays obligated, and California has the highest fixed per-day civil penalty ceiling that can apply today in any U.S. packaging EPR state, $50,000 per day per violation, or $25,000 for an entity that meets the PRC 42060(a)(5) criteria (PRC 42081(a)(1)), and penalties accrue only from 30 calendar days after notice of the violation (PRC 42081(a)(3)).
Oregon measures a METRIC ton, about 2,205 lb, and is the only enacted state whose instrument says so (ORS 459A.863(32)(d)). Colorado, Maryland, Minnesota, Washington, and Maine each say "one ton" and define no unit, a spread of about 10% against a short ton of 2,000 lb. In Colorado, this page previously stated a short ton, which no instrument supports: C.R.S. 25-17-713(1)(b) and 6 CCR 1007-2 Part 1 Section 18.2.3(B) both read "less than one ton", while the same regulation writes "dry short tons per year (dst/y)" explicitly in its composting and residuals sections and "metric ton" nowhere at all. Colorado's drafters use "short ton" when they mean it and did not use it here. Corrected 2026-08-27. A volume between 2,000 and 2,205 lb is settled only in Oregon and is unresolved in the other five.
This page previously described Minnesota as the one state requiring BOTH tests, but Minn. Stat. 115A.1441, subd. 13 joins them with "or", so either alone qualifies. Corrected here on 2026-08-03 against the statute. What is distinctive about Minnesota is the mixed basis: the tonnage test is measured on material introduced into Minnesota while the revenue test is global.
Washington's test has three parts joined by "or", so a producer under one ton, or under $5M in global gross revenue, or an agricultural employer under $5M in Washington own-brand agricultural sales, qualifies now (RCW 70A.208.020(16)). January 1, 2031 is the date the $5M figures begin CPI adjustment.
Threshold: under 1 metric ton of covered products sold into Oregon or under $5 million gross revenue, either one enough, with associated producers aggregated (ORS 459A.863(32)(c) and (d); OAR 340-090-0860(6)). Test logic: OR logic. Either test qualifies. How relief works: Automatic where the test is met. A tiered flat fee is available above it.
Meeting either the tonnage test or the revenue test is enough, so a producer above one ton but under $5M global revenue still qualifies. Oregon has a published flat-fee alternative for producers who sit just above the exemption, and Colorado offers a comparable optional flat dues structure for producers supplying 10 short tons or less ($800, $1,600, $2,600, and $3,600 across four bands, per the CAA 2026 Colorado Producer Dues Schedule). ORS 459A.884(6) requires uniform fees for producers with gross revenue under $10 million or supplying under five metric tons into Oregon, and the CAA 2027 Oregon Producer Fees Schedule lets producers supplying 10 metric tons or less elect a flat fee instead of per-pound fees: $700 for 1 to 2.5 metric tons, $1,300 for 2.5 to 5, $2,200 for 5 to 7.5, and $3,100 for 7.5 to 10, down from $1,200, $2,500, $4,100, and $5,800 under the 2026 schedule. The two lowest tiers are also open to producers above $10 million in gross revenue. Oregon is also the only enacted state that aggregates across related companies. Under OAR 340-090-0860(6) the gross revenues and covered product volumes of associated producers must be added together before the small producer thresholds are applied, and the same aggregation governs eligibility for the flat fee above, so a group cannot split itself into qualifying entities. Associated producers include same-family ownership in the same line of business, more than 50 percent direct or indirect ownership or control, and Internal Revenue Code section 1563(a) controlled groups. Oregon DEQ also confirms that the products of an exempt small producer are orphaned, meaning no other party in the chain becomes liable for the fee.
Threshold: less than one ton of covered materials into Colorado, or under $5,779,297 in global gross revenue in the prior calendar year, excluding on-premises alcohol sales (the Producer Exemption Dollar Limit as of July 1, 2026; either qualifies; C.R.S. 25-17-713(1)(a) and (b); 6 CCR 1007-2 Part 1 s1.8.2). Test logic: OR logic. Either test qualifies. How relief works: Automatic where the test is met. An optional flat dues structure is available for producers supplying 10 short tons or less.
C.R.S. 25-17-713(2) requires the Commission to adjust the dollar limit by rule each July 1 for changes in the Denver CPI (6 CCR 1007-2 Part 1 s1.8.1), so this threshold moves each year.
Threshold: <$1M CA gross sales, must apply. Test logic: Revenue only. How relief works: Formal application required, and relief is not automatic.
California's exemption is limited in three ways. First, the $1M is measured on TOTAL gross sales in the state under PRC 42060(a)(5)(A), not on California sales of covered materials, so a large producer with a modest covered-material footprint does not qualify however little packaging it places. Second, a producer under the line is not automatically out; it must apply, and under 42060(a)(5)(B) CalRecycle may still refuse where exempting that producer would hinder a covered material category from complying. Third, the relief is not a full exit. PRC 42060(a)(5) exempts the producer from the chapter's requirements except the PRC 42050(b) duty that covered material be recyclable or compostable from January 1, 2032, and under 14 CCR 18980.5.2(e) an exempted small producer must keep its registration current; the exemption lasts two years and is renewed with CalRecycle, filed between 120 and 90 days before it expires (14 CCR 18980.5.2(b), (c)), rather than granted once. A producer that reads the threshold as a full exemption and never registers is not compliant, and PRC 42081(a)(1) penalties reach $25,000 per day per violation for an entity meeting the PRC 42060(a)(5) criteria ($50,000 otherwise), accruing from 30 calendar days after notice of the violation (PRC 42081(a)(3)). California has three pathways: participate in the CAA plan, comply individually as an independent producer through PEPRS, or apply for the small producer exemption. Sources: PRC 42060(a)(5); 14 CCR 18980.5.2; CAA California Program Plan, Table 15.
Threshold: <1 ton into ME OR <$2M total gross revenue OR more than 50% of revenue from goods acquired through insurance salvages, closeouts, bankruptcies, and liquidations (2146(2)(C)); any one qualifies; the revenue line is $5M for the period from one year to three years after the SO contract takes effect (38 MRSA 2146(2)). Statute and Chapter 428 both say "ton" without specifying metric or short. Test logic: OR logic. Either test qualifies. How relief works: Statutory. Mechanics follow once a Stewardship Organization is under contract.
Maine has no Stewardship Organization: RFP-202605094 closed August 18, 2026 with zero proposals and CAA says it decided not to bid, so the registration mechanism that would apply the exemption does not exist and has no date. The revenue figure is $2,000,000 in total gross revenue for the prior calendar year, and a transitional $5,000,000 threshold runs from one calendar year after the DEP and stewardship organization contract takes effect until three years after it, a two-year window (38 MRSA 2146(2)(A)). A third test also exempts a producer that realized more than 50% of its total gross revenue in the prior calendar year from goods acquired through insurance salvages, closeouts, bankruptcies, and liquidations (38 MRSA 2146(2)(C)). Maine also carries an exemption no other state has: every producer is exempt on its FIRST 15 TONS of packaging used for perishable food, defined in statute to include bakery products, fresh and processed meats, poultry, seafood, dairy products, eggs in the shell, and fresh fruit and vegetables. For a food producer that can matter more than the de minimis test itself. Source: 38 MRSA 2146(2).
Threshold: Under 1 ton introduced into Minnesota OR under $2M global gross revenue (Minn. Stat. 115A.1441 subd. 13). Test logic: OR logic. Either test qualifies. How relief works: Automatic where either test is met.
This site previously described Minnesota as an AND state. Minn. Stat. 115A.1441, subd. 13 joins the two tests with "or", so either alone qualifies. The tonnage test is measured on covered material introduced INTO MINNESOTA while the revenue test is global, and the statute says "one ton" without specifying metric or short. Corrected 2026-08-03 against the statute.
Threshold: <1 ton OR <$2M global revenue. Test logic: OR logic. Either test qualifies. How relief works: Maryland excludes a de minimis producer from the definition of producer, and MDE publishes an Exempt or Excluded Producer Determination Request form that lists both tests.
MDE publishes a compliance guide for COMAR 26.04.14, now Rev 1 of September 2026, and an Exempt or Excluded Producer Determination Request form dated June 2026.
Threshold: Under 1 ton of covered materials, under $5M global gross revenue excluding on-premises alcohol sales, or an agricultural employer under $5M in Washington consumer sales of own-brand agricultural commodities; any one qualifies (RCW 70A.208.020(16)). Test logic: OR logic. Three tests, any one qualifies. How relief works: Automatic where a test is met. Available now, with CPI adjustment from 2031.
The three tests are under one ton of covered materials, under $5M global gross revenue excluding on-premises alcohol sales, or an agricultural employer with under $5M in gross revenue in Washington from consumer sales of its own-brand agricultural commodities. The $5M figures begin CPI adjustment on January 1, 2031, and the exemption applies now. Washington also says "one ton" without specifying metric or short, the same ambiguity Maryland has. Source: RCW 70A.208.020(16).
A producer that sells through distributors and cannot see state volumes is not under the line for that reason, and that problem has its own page, reporting volumes you cannot directly measure. Otherwise, your fee depends on what you sell and how recoverable it is, and the levers are mostly design levers. Estimate your exposure in the EPR fee calculator, check the reporting deadlines for your states, then look at how rates differ by material before deciding what to change.
Every state guide has the fee schedule where one has been published, registration deadlines, program plan status, eco-modulation detail, the statute and any implementing rule, and exemptions.