Last updated: September 2026
Packaging Compliance — Amazon SellersEPR (Extended Producer Responsibility) compliance requires brand owners to register with a state program, report packaging material data, and pay fees — regardless of whether Amazon handles fulfillment. Seven US states now enforce packaging EPR, with penalties up to $50,000 per day for willful noncompliance in California alone.
now run enacted packaging Extended Producer Responsibility programs
for willful noncompliance under California's SB 54
Amazon and brand design projects across the US, Canada, and Europe (SHTONDA.DESIGN)
EPR compliance moved from policy discussion to active enforcement in 2026. Six of seven states hit annual reporting deadlines by May 31, California's registration deadline passed June 1, and Oregon has already published a public list of non-compliant producers — naming roughly 250 companies on its first quarterly list in April. If you haven't registered yet, the grace period most sellers assumed exists has already closed in several states.
Answer honestly — this tells you whether you likely have an active EPR obligation right now, not just whether one exists in theory.
Check off what applies to you above to get a read on your exposure.
Under every state EPR law, the brand owner is the legal producer of record — not the manufacturer, not the fulfillment provider, and not Amazon. Using FBA to store and ship inventory doesn't transfer that responsibility; you remain the producer even though Amazon's box touches your product last.
"Packaging material" is defined broadly — under Maine's law, it covers anything used to contain, protect, deliver, or present a product at sale, including online sales, that typically becomes waste after consumer use. That includes your primary product packaging, any secondary grouping pack, and often the shipping box itself.
In some states, producer responsibility can be formally reassigned to another entity in your supply chain — but it requires a signed agreement, registration with the state's PRO as the responsible party, and written certification. It doesn't happen automatically just because someone else touches the box.
The Circular Action Alliance (CAA) administers five of the seven state programs, so a single CAA registration and supply report covers most of your exposure. Maine is the exception, running its own Stewardship Organization process.
| State | Law | PRO | 2026 Status |
|---|---|---|---|
| California | SB 54 (2022) | CAA | Registration deadline passed June 1 |
| Colorado | HB 22-1355 (2022) | CAA | First state to require registration (Oct 2024) |
| Oregon | SB 582 (2021) | CAA | Actively enforcing; publishes non-compliant producer list |
| Maine | LD 1541 (2021) — first state | State SO (in process) | First EPR fees due September 2026 |
| Minnesota | HF 3911 (2024) | CAA | Registered in 2025 |
| Maryland | SB 901 (2025) | CAA | Registration deadline set for 2026 |
| Washington | SB 5284 (2025) | CAA | PRO membership deadline passed July 1 |
Penalties range from roughly $1,000 to over $100,000 per day depending on the state and whether it's a repeat violation — and several states are already actively enforcing, not just threatening to.
Under SB 54, the penalty clock doesn't start until 30 days after a formal notice of violation — but it applies to every day of continued noncompliance after that.
Oregon DEQ is the most active enforcer of any state so far, publicly naming non-compliant producers on a recurring quarterly list.
Structured per violation rather than per day — still a meaningful cost across multiple non-compliant SKUs or reporting periods.
Beyond fines, several states can also restrict a non-compliant producer's ability to sell covered packaging in that state at all — a market-access risk that matters more to most sellers than the dollar figure.
Some states exempt small producers, but exemption isn't automatic — you typically have to formally qualify, and in some states, actively apply for it. Assuming you're exempt without confirming is one of the most common ways brands end up out of compliance without realizing it.
Producers under $2 million in gross annual revenue and under one ton of packaging sold into Maine annually are exempt — but the exemption still needs to be confirmed, not assumed.
The audit starts with data, not registration — you can't report what you haven't measured.
SHTONDA.DESIGN treats EPR compliance as a design input, not an afterthought — specifying mono-material structures and documenting material weight by component from the first concept, so compliance data exists before a reporting deadline forces the question.
This sits alongside the broader packaging design process — structural engineering, unboxing experience, and PFAS-free substrate selection — covered in SHTONDA.DESIGN's full packaging design guide.
Does EPR apply if I only sell on Amazon and never touch my own packaging?
Yes. Using Fulfillment by Amazon doesn't transfer producer responsibility — the brand owner remains the legal producer under every state EPR law, regardless of who physically handles storage and shipping.
What counts as "packaging" under EPR law?
Broadly, anything used to contain, protect, deliver, or present a product at the point of sale — including online sales — that typically becomes waste after the consumer uses it: primary product packaging, secondary grouping packaging, and often the shipping box itself.
Can I be exempt from EPR as a small brand?
Some states offer small-producer exemptions based on revenue and packaging volume thresholds, but exemption typically isn't automatic. Maine, for example, exempts producers under $2 million in gross revenue and under one ton of packaging sold into the state annually — but you generally still need to confirm or formally claim that status.
Do I need to register in every state separately?
Not quite — the Circular Action Alliance (CAA) serves as the Producer Responsibility Organization for California, Colorado, Oregon, Maryland, and Washington, so a single CAA registration and supply report can cover most of those states. Maine uses a separate Stewardship Organization.
What happens if I ignore EPR compliance?
Penalties range from roughly $1,000 to over $100,000 per day depending on the state and whether it's a repeat violation. Oregon has already begun publicly listing non-compliant producers, and states can also restrict a non-compliant producer's ability to sell covered packaging in that state.
Comment AUDIT or reach out directly and SHTONDA.DESIGN will review your current packaging against 2026 EPR requirements across every state you ship into — before a reporting deadline turns into a penalty notice.
Share your current packaging files and the states you ship into. We respond within 1 business day.
A written breakdown of your EPR exposure, material data gaps, and registration status.
Use the review yourself, or have SHTONDA.DESIGN redesign for compliance directly.
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