What does Colorado's packaging EPR program require from a brand?
A brand that sells packaged products into Colorado and is not exempt must take part in the program run by CAA, report its packaging each year and pay producer responsibility dues, which began in January 2026. A producer that is not participating cannot sell covered materials in Colorado. Two lawsuits challenge the program, and as of this date no court has stayed it.
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What the law covers
Colorado's Producer Responsibility Program for Statewide Recycling Act, House Bill 22-1355, covers packaging materials and paper products. Colorado calls what producers pay dues, not fees. CAA is the approved producer responsibility organization for packaging and paper, and a separate organization serves lubricant packaging.
The state health department, CDPHE, oversees the program. It approved CAA's program plan in December 2025, and CAA had to begin implementing it within six months, by June 9, 2026.
Who is a producer
For a product sold in Colorado under the manufacturer's own brand, or with no brand, the producer is the manufacturer. Otherwise the producer follows the owner or licensee of the brand, and a company that imports packaged products into the United States for use in Colorado is also a producer.
Online sales add a second layer. For an internet transaction, the producer of the packaging that directly protects or contains the product is a producer, and for the packaging used to ship the order it is the person that packages or ships it. That split is explained in am I a producer: online brands and marketplace sellers. Packaging used only in sales between businesses is not covered.
Who is exempt
The law exempts small producers using two tests. One is the amount of covered material used for products sold in or into Colorado in the prior calendar year, with a line at one ton. The other is a revenue dollar limit that CDPHE adjusts every year by rule, which was about $5.3 million when registration opened. Law firm summaries read the two tests differently, so how they combine for a given producer is confirmed with CDPHE or CAA.
Dates to know
- October 1, 2024: the registration deadline for producers joining CAA
- July 1, 2025: producers cannot sell covered materials in Colorado unless they take part in the program
- January 2026: producer responsibility dues began, and they are paid each year after
- June 9, 2026: the latest date for CAA to begin implementing its approved plan
- May 31 each year: CAA's standard report date for the prior year's supply data, unless CAA announces otherwise
CAA published its 2026 Colorado dues schedule on October 13, 2025. Dues are eco-modulated, with credits for some packaging choices and surcharges for others.
What dues are built on
Dues come from the weight and type of each material a producer supplies, so the annual supply report sets the invoice. That report is built component by component. The kits guide shows how: kits, sets and bundles in an EPR report.
Where the program stands in court
The Independent Lubricant Manufacturers Association sued CDPHE in Denver District Court on March 12, 2026, challenging how the program is run. The National Association of Wholesaler-Distributors filed a federal suit on July 30, 2026 and asked for a preliminary injunction on August 5.
Law firm updates say no court order has stayed the program. The federal court in Oregon upheld Oregon's similar law on August 27, 2026. That ruling does not bind Colorado's courts, but they may find its reasoning persuasive.
Primary sources
- CDPHE, Producer Responsibility Program: the program plan approval, dues timing and the annual exemption adjustment
- Colorado General Assembly, House Bill 22-1355: the Producer Responsibility Program for Statewide Recycling Act
- Circular Action Alliance, Colorado: program resources and the dues schedule
- Circular Action Alliance, Reporting Policy version 1.0: the May 31 report date and how reports are validated
- Holland and Hart, Colorado producer registration: who is a producer and the registration deadline
- Faegre Drinker, Colorado's EPR requirements and registration: the exemptions and the first dues date
- Arnold and Porter, trade association challenges to Oregon, California and Colorado: the federal suit and the injunction request
- Resource Recycling, NAW sues Colorado over its EPR law: the claims in the federal suit and the earlier state court case
- Ballard Spahr, Oregon's EPR law upheld: how the Oregon ruling may bear on Colorado
FAQ
Does Colorado apply to a brand that only sells online to Colorado customers?
Yes, if the brand is a producer and not exempt. For online sales the brand owner is typically the producer of the packaging that holds the product, and the person that packs and ships the order is the producer of the shipping packaging.
Is packaging used for wholesale sales covered?
Packaging used only in sales between businesses is not covered. Packaging that reaches a consumer is.
Is there an exemption for small producers?
Yes. The exemption turns on the amount of covered material used in Colorado, with a line at one ton, and on a revenue limit that CDPHE adjusts every year. How the two tests combine for a given producer is confirmed with CDPHE or CAA.
When are Colorado dues paid?
Dues began in January 2026 and are paid each year after, on CAA's invoice schedule.
Can a brand wait for the lawsuits to finish?
The program remains in effect, and no court has stayed it. A producer that is not participating cannot sell covered materials in Colorado.
This guide is general information, not legal advice. We work out who the producer is for every product, build the packaging record, prepare and file the report each cycle and keep it current. Check your exposure to see where you stand in Colorado and the other states, or talk to us.