Packaging EPR exemption thresholds at a glance
< $5M global revenue OR < 1 metric ton
Oregon DEQ identifies producers below either threshold as exempt from the PRO registration, reporting and fee obligations, subject to the statute and other exemption pathways.
COLORADORevenue threshold OR < 1 ton
Colorado law starts with a $5M realized-gross-revenue exemption that the commission adjusts by rule, plus a less-than-one-ton covered-material exemption. Verify the current adjusted dollar threshold before relying on it.
CALIFORNIA< $1M gross annual sales — application required
CalRecycle says small producers below $1M may apply for a renewable exemption from most reporting and fee requirements. It is not simply a “do nothing” exemption.
MINNESOTA< $2M global revenue OR < 1 ton
Minn. Stat. §115A.1441 defines a de minimis producer using either threshold and excludes de minimis producers from the producer definition.
MARYLAND< $2M global revenue OR < 1 ton
COMAR 26.04.14.02 defines a de minimis producer using the same revenue or covered-material thresholds.
WASHINGTON< $5M global revenue OR < 1 ton
RCW 70A.208.020 uses these de minimis thresholds through 2030; the $5M threshold begins inflation adjustment in 2031.
MAINEStartup: < $5M revenue OR < 1 ton
Maine has a temporary higher revenue exemption during the initial program years; outside that startup period the statute uses a $2M revenue threshold. Less than one ton remains an exemption.
Thresholds are only the first screen. Exempt materials, nonprofit/government exclusions, franchise rules, alcohol-specific provisions, agricultural rules and contractual producer assignments can change the answer.
Oregon small-producer exemption
Oregon DEQ’s producer-obligations summary says entities with less than $5 million in global gross revenue in the most recent fiscal year, or that sold less than one metric ton of covered products in or into Oregon in the most recent calendar year, are among the small producers exempt from EPR obligations.
Colorado exemption threshold needs a current-year check
Colorado HB 22-1355 created an exemption for a producer below a $5 million realized-gross-total-revenue threshold or using less than one ton of covered materials. The statute also directs the commission to adjust the dollar limitation by rule, and CDPHE publishes a specific “Producer Responsibility Exemption: Dollar Limitation” rule amendment. Because that dollar amount is adjusted, EPRScope does not hard-code a stale number as the 2026 threshold.
California’s small-producer exemption is an application process
CalRecycle states that small producers with gross annual sales below $1 million may apply for a temporary, renewable exemption from most SB 54 reporting and fee requirements. Producers still need to follow CalRecycle’s registration and exemption application process rather than simply assuming that low revenue removes every obligation.
Minnesota and Maryland use a $2 million / one-ton de minimis screen
Minnesota’s statute defines a de minimis producer as a person that introduced less than one ton of covered material into the state or earned global gross revenues below $2 million in the most recent fiscal year. Maryland’s 2026 regulations use the same two threshold concepts for a de minimis producer.
Washington’s de minimis threshold is higher through 2030
Washington’s Recycling Reform Act defines a de minimis producer as one that introduced less than one ton of covered materials or had global gross revenue below $5 million in the prior fiscal year. Beginning January 1, 2031, the $5 million threshold is adjusted for inflation. Government entities, certain charities and de minimis producers are excluded from the producer definition.
Maine’s revenue threshold changes during startup
Maine’s current statute exempts producers below $2 million in total gross revenue in the prior calendar year, but creates a temporary startup-period exemption below $5 million beginning one calendar year after the stewardship-organization contract becomes effective and ending three years after that effective date. Producers using less than one ton of packaging are also exempt. Maine also defines a “low-volume producer” as one supplying more than one but less than 15 tons, which is a separate concept from complete exemption.
Evidence to keep when relying on an exemption
Official exemption sources
Related high-intent guides
Exemption evidence should be as defensible as registration evidence.
EPRScope keeps the legal entity, threshold calculation, source and supporting evidence together.
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