Oregon Rejects Extension for EPR Law Implementation

The state of Oregon has denied a request from business advocacy groups to delay the implementation of its extended producer responsibility law by one year, making it the first state to put this new kind of policy into action.

Companies doing business in Oregon that are classified as “producers” will now need to begin paying fees to a producer responsibility organization (PRO). The PRO will use these fees to fund end-of-life processing or recycling for packaged items, food serviceware, certain types of equipment, and plastic or paper products. As of now, Oregon has approved only one PRO, the Circular Action Alliance. The state has published a document intended to help companies determine whether an item is a covered product and who the “producer” is here.

Oregon’s EPR law encompasses a wide range of companies as producers, including distributors. The cost of compliance and the now-required PRO fees are expected to place a significant burden on distributors and other businesses in the state. Last month, the National Association of Wholesaler-Distributors (NAW) sent a letter to Oregon state officials urging them to delay the law’s implementation until July 1, 2026, to give regulators time to resolve key questions over which companies and products are covered. The Oregon Department of Environmental Quality denied that extension request. NAW is considering a legal challenge to Oregon’s EPR law and similar ones that have not yet gone into effect in other states.

Minnesota’s version of the law required producers to register with a PRO by July 1, 2025, and Colorado’s reporting deadline is July 31, 2025. Four more states — Washington, California, Maryland, and Maine — have also passed EPR laws, and similar legislation has been introduced in eight other states this year. NAW is encouraging distributors who are affected by these laws to reach out to its team at GR@NAW.org.