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Colorado Packaging EPR Law: Producer Compliance Guide

Colorado's HB 22-1355 (2022) launched active base fee obligations in January 2026, making it the second U.S. state with live EPR fee payments.

Facts on this page were last verified against primary sources on August 23, 2026. The EPR Atlas is re-checked weekly; this stamp moves only when a verification pass actually runs, not when the site rebuilds.

Governing Law
HB 22-1355 - Producer Responsibility Program for Statewide Recycling (2022)
Fee Start
January 2026 - ACTIVE
Max Penalty
Civil penalties + sales prohibition
Administering Agency
Colorado CDPHE
PRO / Administrator
Circular Action Alliance
De Minimis
<1 ton OR <$5,632,843 global revenue (Jul 1 2025 figure; CPI-adjusted each Jul 1)

Bonus and malus, with no life cycle assessment

Administered by CDPHE through the Circular Action Alliance (CAA), the program uses a bonus-malus eco-modulation framework (CDPHE schedule at 6 CCR 1007-2 Part 1 Section 18.9). Unlike Oregon, Colorado applies both credits and maluses, and uses no life cycle assessment. CAA lists four active bonuses for the 2026 program year: clear on-pack recycling instructions, Colorado-origin post-consumer recycled content (at least 30% in-state PCR), certified compostability, and a recyclability or reuse case study. Their values are not published in the 2026 dues schedule, and CAA states the finalized eco-modulation ruleset is forthcoming, so treat any percentage you see quoted for them as unverified.

The passive factors are already inside the 2026 rates

The passive factors ARE published and are already built into the 2026 dues rates, applied automatically from supply data: +5% for materials that disrupt recycling, -5% for materials with high recycling rates, AML materials at least 20% above comparable MRL materials, and Not Collected materials at least 10% above comparable AML materials. Those passive maluses are material-based rather than design-based: practices that disrupt the recycling of other materials; or use of materials not on the Minimum Recyclable List.

Either test alone grants the exemption

Colorado's de minimis threshold is less than 1 metric ton OR under the Producer Exemption Dollar Limit, which was $5,632,843 in global revenue as of July 1, 2025 (the statutory $5 million base under HB 22-1355, CPI-adjusted annually by CDPHE each July 1; the July 1, 2026 adjustment has not been published). Either condition alone grants full exemption.

Fee Schedule by Material

Base rates before eco-modulation. Final fee = Tonnage x Rate x Eco-Modulation Multiplier.

Material / Packaging TypeRate / Metric TonTier
Aluminum, cans $129 Tier 1
Clear PET (#1) $540 Tier 2-3
HDPE Natural (#2) $194 Tier 1
Steel $216 Tier 2-3
Uncoated Paper/Board $172 Tier 1
Corrugated $172 Tier 1
HDPE Pigmented (#2) $691 Tier 4
PP (#5) $821 Tier 4
Glass $216 Tier 2-3
LDPE Film / Mono-PE $929 Tier 4
PS Rigid (#6) $2,095 Tier 4
Expanded Polystyrene $2,981 Tier 4

Eco-Modulation Factors

✓ ConfirmedVerified against official regulatory or CAA documentation.

Source: 6 CCR 1007-2 Part 1 Section 18.9, ADOPTED text read line by line 2026-08-12 from the Colorado Secretary of State CCR, rule version effective 14 January 2026. Section 18.9 was (RESERVED) in the prior version effective 15 December 2025, so the whole eco-modulation ruleset is new. Per-benchmark values are now IN RULE at 1% each, not draft.

Eco-modulation adjusts fees based on packaging design and recyclability attributes.

Fee Reductions (Bonuses)

On-package sorting instructions: −1%, starting January 1, 2029 (18.9.2(A)) Local End Use: −1% where the material is on the MRL, uses on average at least 20% postconsumer recycled content generated in the United States, and is utilized by an end market business in Colorado (18.9.2(B)) Certified compostable: −1% where the material meets ASTM D6400 (2022), D6868 (2021) or D8410 (2022) and the labeling requirements of C.R.S. 25-17-803 (18.9.2(C)) Case study: −1%, starting July 1, 2027, capped at the producer's own contribution to the study cost, and not available where the PRO already funded the same activity (18.9.2(D))

Fee Increases (Maluses)

Cost-raising designs: designs or practices that raise recycling, reuse, or composting costs Disrupts other materials: designs or practices that disrupt the recycling of other materials Non-MRL materials: use of covered materials not on the Minimum Recyclable List (MRL)

Multiplier floor: 1.00× (passive factors are already inside the published 2026 dues rates. The four active bonuses are 1% each in rule but none is applied to an invoice before January 31, 2028, so no active reduction affects a 2026 or 2027 invoice)

Per CDPHE's eco-modulation bonus schedule (6 CCR 1007-2 Part 1 Section 18.9; adopted text effective in January 2026, read line by line 2026-08-12). Passive factors are already built into the published 2026 dues rates and are applied automatically from supply data: +5% for materials that disrupt recycling, -5% for materials with high recycling rates, Additional Material List materials priced at least 20% above comparable Minimum Recyclable List materials, and Not Collected materials at least 10% above comparable AML materials. The four active bonuses are now IN RULE at 1% each, not draft: Section 18.9.2 was adopted effective in January 2026, having been (RESERVED) in the version effective the previous month. They phase in rather than starting together: the case study bonus from July 1, 2027, the on-package sorting instructions bonus from January 1, 2029, and the PRO must first apply all of them to invoices no later than January 31, 2028. The PRO must publish producer dues and the calculation guidance by 1 October 2026. ONE THING THE RULE DOES NOT SETTLE: Section 18.9.1(B) says a producer is eligible for 18.9.2 bonuses "equal to a reduction in base dues of 10%", while the four itemised benchmarks total 4%. Whether the 10% is a cap, an aggregate entitlement or a drafting artifact is not resolvable from the rule text, and CDPHE has published no clarification reachable this session. Do not state a Colorado eco-modulation cap in either direction. Colorado uses NO LCA (unlike Oregon). The 2026 producer dues already apply some eco-modulation (e.g., glass bonus ~4.2 to 4.0 cents/lb; EPS/PS foam malus ~160.2 to 172 cents/lb). Exact rates may be refined as CAA finalizes its own eco-modulated factors.

Litigation Status

ILMA v. CDPHE (Denver District Court No. 2026CV30902, filed March 12, 2026). What is challenged: the packaging EPR program under HB 22-1355, on due process, nondelegation, and First Amendment grounds, brought by lubricant packaging manufacturers; CDPHE's motion to dismiss (arguing the statutory claims are untimely under the APA's 35-day review window) is pending. Second case, filed July 30, 2026: NAW v. Ryan (U.S. District Court, D. Colo., reported as Case No. 1:26-cv-03460) challenges the same Act on private-delegation, compelled-association, and fee-disclosure grounds, naming CDPHE Executive Director Jill Hunsaker Ryan. Unlike ILMA, NAW filed a motion for a preliminary injunction alongside its complaint; docket number not yet confirmed against the court record. What is not affected: ILMA did not seek a preliminary injunction and no court has granted relief in either Colorado case, so the program, registration, reporting, and fee obligations remain fully in effect for all producers. Sources: Arnold and Porter (Jun 1, 2026); Foley and Lardner (Apr 6, 2026); Resource Recycling (Jul 30, 2026).

Program Plan Status

Confirmed

Plan submitted: Yes. CAA is the designated producer responsibility organization for Colorado.

Agency approved: Yes. CDPHE approved the Colorado program plan in December 2025.

Where it stands: Live. Base fees began January 2026 under the CAA 2026 Colorado Producer Dues Schedule, which carries passive eco-modulation factors alongside the CDPHE active credits.

Next milestone: The 2025 Annual Supply Report was due to CAA May 31, 2026 (CAA-set date, not statutory). Producer Responsibility Advisory Board meets August 12, September 9, November 18 and December 9, 2026.

Source: Colorado CDPHE; CAA 2026 Colorado Producer Dues Schedule (October 13, 2025). Agency program page →

Reporting Deadlines and Key Dates

Jul 31, 2025
PPA signing + 2024 supply data due
Dec 2025
CDPHE approved Colorado program plan
Jan 2026
First mandatory fee payments due
May 31, 2026
2025 Annual Supply Report due (CAA-set date, not statutory)
Oct 2026
CAA expected to publish the 2027 Colorado Producer Dues Schedule (the 2026 schedule published Oct 13, 2025)
Early 2027
Fee invoices for 2025 data issued

Covered Products Scope

Consumer-facing packaging including plastics, glass, metals, paper/paperboard, and composite materials. Also includes paper products (newspaper, catalogs, directories).

Exemptions and Exclusions

The following categories may be fully or partially exempt from producer obligations in Colorado. Verify applicability with the CAA producer portal or Colorado CDPHE before excluding any materials from supply reports.

De Minimis (Small Producer)
<1 ton/year placed on market OR under the Producer Exemption Dollar Limit, $5,632,843 global revenue as of July 1, 2025 (either qualifies; CPI-adjusted by CDPHE each July 1, so the current figure is likely higher and is not published)
B2B / Tertiary Packaging
The word SOLELY is load-bearing and almost nobody writes it down. CRS 25-17-703(25)(b) excludes packaging used SOLELY in transportation or distribution to nonconsumers, and SOLELY in business-to-business transactions where the covered material is not intended to reach the end consumer; (13)(b)(VI) excludes material used EXCLUSIVELY in industrial or manufacturing processes. A corrugated shipper used for retail distribution AND for direct-to-consumer e-commerce is not used solely for either, so the exclusion fails for that SKU. Any mixed channel, which is most producers, cannot claim it wholesale. The question in Colorado is not is this tertiary, it is does any unit of this packaging reach a household.
Medical Device and Pharmaceutical
Packaging for animal biologics regulated under the federal Virus-Serum-Toxin Act (vaccines, bacterins, antisera, diagnostic kits) exempt. No explicit human medical device exemption in Colorado statute - producers of human medical device packaging should verify applicability with CDPHE or CAA.
Agricultural Packaging
Agricultural producers with <$5M gross revenue from ag products sold under their own brand in Colorado excluded from producer obligations
Hazardous Materials Packaging
No hazard-based exclusion exists. CRS 25-17-703(13)(b) runs 15 subsections and names no DOT or RCRA carve-out. Colorado does exclude all packaging containing a FIFRA-regulated product at (13)(b)(IX), with no material limit, plus paint-stewardship paint at (X) and Poison Prevention Packaging Act packaging at (XI). Plastic hazardous packaging is priced at 52.0 c/lb on the 2026 dues schedule.
Construction / Contractor Packaging
Packaging used by construction companies or contractors in B2B context excluded
Colorado's exemption framework is narrower than Oregon's. Producers of human medical device packaging should confirm scope directly with CDPHE or CAA before assuming exemption.

Responsible Producer

Obligation follows a hierarchy: the brand owner whose brand is on the covered product; if the brand owner has no U.S. presence, the importer of record; if neither exists, the distributor or retailer that first sells the item into the state. Store-brand / private-label goods: the retailer whose brand appears is the producer. Licensed brands: the licensee that makes or sells is usually the producer unless the license assigns it.

CO: Standard hierarchy; confirm your determination in the CAA producer portal. General framework; verify the statutory definition and your specific role before registering.

What You Report and Covered Materials

These attributes are the fee inputs, so instrument them at design time. CAA collects this once through its producer portal and maps it to each state you sell into; state-specific rules still apply. Retain supporting records (typically 3 to 5 years) to substantiate reports, exemptions, and credits.

Colorado's Minimum Recyclable List (MRL) defines recyclable materials; non-MRL materials draw a malus. Covered materials / recyclability list →

Design Levers: PCR, Source Reduction and Toxics

Signaled

PCR / recycled content: PCR improvements feed Colorado's Local End Use bonus, which needs on average at least 20% postconsumer content generated in the United States plus a Colorado end market (6 CCR 1007-2 Part 1 Sec. 18.9.2(B)). No separate packaging PCR mandate.

Source reduction: No source-reduction mandate; lighter packaging lowers tonnage-based fees.

Toxics / substance limits: Colorado restricts intentionally added PFAS in certain products including food packaging (HB 22-1345, phased). Colorado has NOT adopted a Toxics-in-Packaging heavy-metals law, so the 100 ppm four-metal packaging limit does not apply in Colorado.

Sources: Colorado HB 22-1345 (PFAS, phased); Toxics in Packaging Clearinghouse member list (Colorado is not a member). Model the dollar impact of any design change in the EPR fee calculator; this is design guidance, not a fee estimate.

Statute and Rule Text

Statute: HB 22-1355, the Producer Responsibility Program for Statewide Recycling Act. Read the statute →

Implementing rule: 6 CCR 1007-2, Part 1, Section 18, including the eco-modulation schedule at Section 18.9. A separate rulemaking on Section 1.8, producer responsibility authorization and the dollar limit exemption, is on the CDPHE proposed rulemakings page with no hearing noticed. Read the rule →

Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.

Frequently Asked Questions

Are Colorado EPR fees currently active?
Yes. Colorado base fees went live in January 2026, making Colorado the second U.S. state with active EPR fee obligations. The 2025 Annual Supply Report was due to CAA May 31, 2026, a CAA-set program date; C.R.S. 25-17-708 requires the report but fixes no date.
What is Colorado's de minimis threshold?
Less than 1 metric ton per year placed on the Colorado market OR under the Producer Exemption Dollar Limit. Either condition alone grants full exemption. That limit was $5,632,843 in global revenue as of July 1, 2025 (CAA, Covered Materials and Producer Definitions, June 2025). The statutory base is $5 million under HB 22-1355, CPI-adjusted by CDPHE each July 1, so the current figure is likely higher; CDPHE does not publish it inline, so confirm with CAA producer support before relying on a number.
What is the maximum eco-modulation reduction in Colorado?
Colorado applies passive eco-modulation factors automatically: a +5% malus for materials that disrupt recycling, a -5% incentive for high-recycling-rate materials, and a structural malus keeping Additional Material List materials at least 20% above similar Minimum Recyclable List materials and Not Collected materials at least 10% above similar AML materials. The four active bonuses are worth 1% each and are now in the adopted rule rather than draft: on-package sorting instructions (from January 1, 2029), Local End Use (the material is on the Minimum Recyclable List, uses on average at least 20% postconsumer content generated in the United States, and is utilized by a Colorado end market), certified compostable to ASTM D6400, D6868 or D8410 with C.R.S. 25-17-803 labeling, and a case study (from July 1, 2027, capped at the producer's own contribution to the study cost). None is applied to an invoice before January 31, 2028, so no active bonus affects a 2026 or 2027 invoice. On whether there is an overall cap the rule is not clear and we will not guess: Section 18.9.1(B) refers to bonuses equal to a 10% reduction in base dues while the four benchmarks total 4%. (Source: 6 CCR 1007-2 Part 1 Section 18.9, adopted text effective January 2026, read line by line August 12, 2026; CAA 2026 Colorado Producer Dues Schedule, Oct 13 2025.)
Does Colorado use life cycle assessments (LCAs) for eco-modulation like Oregon?
No. Unlike Oregon, Colorado does not use LCAs. Colorado credits are tied to four active design and labeling incentives whose values CAA has not published for 2026. Colorado also applies passive maluses automatically from supply data, and these are material-based rather than design-based: +5% for materials that disrupt recycling, with Additional Material List materials priced at least 20% above comparable Minimum Recyclable List materials and Not Collected materials at least 10% above comparable AML materials.