Active Program

Oregon Packaging EPR: Producer Compliance Guide

Oregon's HB 3626 (2021) -- the Plastic Pollution and Recycling Modernization Act -- was the first U.S. packaging EPR law to reach active fee collection, with obligations live since July 1, 2025. Administered by Oregon DEQ through the Circular Action Alliance (CAA), the program uses an LCA-based eco-modulation framework: the statute (ORS 459A.884(4)) lists five factors CAA must consider, and this first cycle implements them as three voluntary LCA bonus credits with no maluses in force yet. Bonus A (disclosure, no improvement required) is worth 10% of a SKU's Oregon base fees excluding the reserve portion (about 8% net), capped at $20,000 per SKU, with a per-producer ceiling of $200,000 (not a shared pool across producers). Oregon also offers Bonus B (a comparative LCA demonstrating reduced impact, capped at $50,000 per SKU, $500,000 per producer) and Bonus C (a comparative LCA demonstrating a shift to reusable or refillable formats, capped at $50,000 per SKU or batch per year). A SKU can earn only one bonus type per year. Penalties reach $25,000 per day. Oregon also carries the most detailed exemption framework of any U.S. state, including a private recycling exemption with an annual March 31 claim window. A federal court injunction issued February 6, 2026 protects NAW member companies that were enrolled as of that date -- companies joining NAW after February 6, 2026 are not protected, and non-NAW producers face full enforcement.

Governing Law
HB 3626 - Plastic Pollution & Recycling Modernization Act (2021)
Fee Start
July 1, 2025 - ACTIVE
Max Penalty
$25,000/day
Administering Agency
Oregon DEQ
PRO / Administrator
Circular Action Alliance (mandatory)
De Minimis
<1 ton OR <$5M global revenue

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 $120 Tier 1
Clear PET (#1) $500 Tier 2-3
HDPE Natural (#2) $180 Tier 1
Steel $200 Tier 2-3
Uncoated Paper/Board $160 Tier 1
Corrugated $160 Tier 1
HDPE Pigmented (#2) $640 Tier 4
PP (#5) $760 Tier 4
Glass $200 Tier 2-3
LDPE Film / Mono-PE $860 Tier 4
PS Rigid (#6) $1,940 Tier 4
Expanded Polystyrene $2,760 Tier 4

Eco-Modulation Factors

✓ ConfirmedVerified against official regulatory or CAA documentation.

Source: CAA Oregon Approved Program Plan pp. 211-227 + OR DEQ Life Cycle Evaluation rule OAR 340-090-0900 to 0940 (read directly, June 2026).

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

Fee Reductions (Bonuses)

LCA Bonus A (Voluntary Disclosure): 10% of base fees excl. reserves (~8% net), capped −$20K/SKU, $200K/producer max LCA Bonus B (Substantial Impact Reduction): tiered ~2.0–2.5× Bonus A, capped −$50K/SKU, $500K/producer max LCA Bonus C (shift to reusable/refillable): comparative LCA, capped −$50K/SKU or batch per year

Fee Increases (Maluses)

None in force this cycle - maluses deferred to a future Oregon plan

Multiplier floor: Bonus-only this cycle; LCA dollar caps apply per SKU and per producer

ℹ️
Oregon's 2025-2027 eco-modulation is LCA-bonus-only and applies NO maluses this cycle. The statute (ORS 459A.884(4)) lists five factors CAA must consider; this cycle they are addressed through three LCA bonuses, each requiring a third-party reviewed LCA. Bonus A (disclosure, no improvement required): 10% of a SKU's base fees excluding the reserve portion (~8% net), capped at $20K/SKU; $200K per-producer ceiling, not a shared pool. Bonus B (demonstrated impact reduction): tiered ~2.0–2.5× Bonus A, capped at $50K/SKU; $500K per-producer max. Bonus C (shift to reusable/refillable): tiered, capped at $50K/SKU or batch per year; reusable return-rate pathway up to 3 years. A SKU can earn only one bonus type per year (A or B, not both); B and C credit toward 2027 fees. No maluses apply this cycle; they are deferred to a future Oregon plan.

Key Dates and Timeline

Jul 2025
Fees live; first invoices paid
Feb 2, 2026
HB 4030 introduced - proposes berry/meat tray packaging exemptions
Feb 6, 2026
Federal court injunction (NAW members only)
Mar 5, 2026
DEQ enforcement warning letters issued
May 18, 2026
Oregon DEQ approves CAA REM program plan amendment
May 31, 2026
2025 Annual Supply Report due
Jul 13, 2026
NAW trial on the merits begins (five-day bench trial, DCC + Due Process claims)

Covered Products Scope

All single-use consumer packaging: plastics, glass, metals, paper/paperboard, composites, and multi-material. Excludes: packaging regulated under Oregon bottle deposit law (ORS 459A), B2B-only tertiary packaging, pharmaceutical packaging, and packaging for hazardous materials.

Exemptions and Exclusions

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

De Minimis (Small Producer)
Small producer: <1 ton/year placed on market OR <$5M global revenue (any of 7 qualifying conditions confers full exemption)
B2B / Tertiary Packaging
Tertiary/transport-only packaging (pallets, pallet wrap, B2B shipping boxes used exclusively for commercial transport) excluded
Medical Device and Pharmaceutical
Prescription drugs and FDA-regulated medical devices (Classes I & II) - broad exemption covering primary, secondary, and tertiary packaging. Class I examples: bandages, toothbrushes. Class II: syringes, pregnancy tests, contact lenses.
Agricultural Packaging
Packaging for items used or sold on a farm (limited to farm-use items sold under farm brand). Agricultural chemical/pesticide containers covered by separate state programs. Animal biologics (vaccines, antisera) exempt.
Bottle Bill Containers
Oregon Bottle Bill beverage containers - primary packaging only excluded (secondary/tertiary packaging remains in scope)
Paint Stewardship Containers
Paint containers collected through Oregon paint stewardship program excluded
Hazardous Materials Packaging
Packaging required for hazardous materials transport under DOT/RCRA regulations excluded
Reusable / Refillable Packaging
Reusable/refillable packaging with documented return infrastructure may qualify for reduced rates
Private Recycling Exemption
Private recycling exemption: packaging collected through non-commingled private program, not processed at MRF, and recycled at responsible end-market. Annual claim window - form due March 31 each year.
Oregon has the most detailed exemption framework of any U.S. state. Exemption scope varies significantly - some cover only primary packaging; others all types. Read each exemption carefully. Contact CAA or DEQ for guidance specific to your materials.

Frequently Asked Questions

When did Oregon EPR fees go live?
Oregon fees went live on July 1, 2025 -- the first active fee obligation of any U.S. packaging EPR state. First invoices have been paid. The 2025 Annual Supply Report was due May 31, 2026.
Does the Oregon NAW injunction protect all producers?
No. The federal court preliminary injunction issued February 6, 2026 protects only NAW member companies that were enrolled as of that date. Companies joining NAW after February 6, 2026 are not protected. Non-NAW producers face full DEQ enforcement.
What is Oregon's de minimis threshold?
Less than 1 metric ton per year placed on the Oregon market OR less than $5 million in global revenue -- either condition alone grants full exemption from Oregon EPR obligations.
What are the LCA Bonus A, B, and C credits in Oregon?
Oregon has three LCA-based eco-modulation credits, each requiring a third-party reviewed LCA. Bonus A (disclosure, no improvement required) is worth 10% of a SKU's Oregon base fees, capped at $20,000 per SKU, for a per-producer maximum of $200,000 -- a ceiling, not a shared pool across producers. The $20,000 is a cap, not a flat amount: a SKU must generate $200,000+ in Oregon base fees to reach it. Bonus B rewards a comparative LCA demonstrating reduced impact (up to $50,000 per SKU, $500,000 per producer), and Bonus C rewards a comparative LCA demonstrating a shift to reusable or refillable packaging (up to $50,000 per SKU or batch per year). A SKU can use only one bonus type per year.