Oregon's SB 582 (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.
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.
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.
The flat fee for producers under ten metric tons
Oregon also offers a tiered flat fee under ORS 459A.884(6) for producers above de minimis but under 10 metric tons, letting them skip material-by-material calculation entirely: for program year 2026 the bands are 1 to 2.5 metric tons at $1,200, 2.5 to 5 at $2,500, 5 to 7.5 at $4,100, and 7.5 to 10 at $5,800. Eligibility is gross revenue under $10 million supplying more than 5 metric tons, or over $10 million supplying less than 5, and the two lowest bands are open to producers over $10 million as well. Electing it means forgoing the LCA bonus credits, so run both numbers.
Penalties, and the exemption with a March 31 window
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.
Who the NAW injunction actually protects
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.
Fee Schedule by Material
Base rates before eco-modulation. Final fee = Tonnage x Rate x Eco-Modulation Multiplier.
Material / Packaging Type
Rate / Metric Ton
Tier
Aluminum, cans
$132
Tier 1
Clear PET (#1)
$551
Tier 2-3
HDPE Natural (#2)
$198
Tier 1
Steel
$220
Tier 2-3
Uncoated Paper/Board
$176
Tier 1
Corrugated
$176
Tier 1
HDPE Pigmented (#2)
$705
Tier 4
PP (#5)
$838
Tier 4
Glass
$220
Tier 2-3
LDPE Film / Mono-PE
$948
Tier 4
PS Rigid (#6)
$2,138
Tier 4
Expanded Polystyrene
$3,042
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 maxLCA Bonus B (Substantial Impact Reduction): tiered ~2.0–2.5× Bonus A, capped −$50K/SKU, $500K/producer maxLCA 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
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.
Litigation Status
NAW v. Feldon, also reported as NAW v. Oregon DEQ (U.S. District Court, D. Or.; five-day bench trial held July 13-17, 2026; Judge Michael Simon said he will rule by the end of August 2026). What is challenged: the constitutionality of the Recycling Modernization Act itself, at trial on the dormant Commerce Clause and Due Process claims; NAW seeks a permanent injunction for its members. Who the injunction covers: the February 6, 2026 preliminary injunction shields only companies that were NAW members on that date; later joiners are not covered. Second suit, and a limited enforcement pause that DOES reach non-NAW producers: Lollicup USA v. Feldon (D. Or., filed June 25, 2026) is a putative class action for producers NOT covered by the NAW injunction. Under a stipulation entered July 16, 2026, Oregon DEQ's Materials Management Program will not issue pre-enforcement notices against Lollicup or any putative class member through at least August 31, 2026, extendable by written consent. Read the limits carefully before relying on it: your obligations are NOT suspended, so registration, reporting and fees continue; DEQ keeps authority to investigate, issue warning letters and conduct other pre-enforcement activity; no class has been certified, so this rests on DEQ's agreement rather than a court order granting class relief; and the Circular Action Alliance is not a party, so CAA may still assess fees and pursue compliance actions. Two different quarterly lists get confused here: CAA owes its own website disclosure of non-compliant members under ORS 459A.869(8)(b), and DEQ separately publishes the Producer Status List, which names producers only at the far end of an escalation. Litigation deadlines are stayed pending the NAW ruling, with a joint status report due September 10, 2026. Sources: Oregon DEQ; DLA Piper (Feb 2026); Packaging Dive (Jun 27, 2026); KGW (Jul 2026).
Program Plan Status
Confirmed
Plan submitted: Yes. CAA is the approved producer responsibility organization and its Oregon program plan is in force.
Agency approved: Yes. Program plan approved; DEQ approved the Responsible End Markets plan amendment on May 18, 2026.
Where it stands: Year one complete. CAA published its first Oregon annual report on July 2, 2026 covering more than 2,900 producers and $167.9 million in fee revenue.
Next milestone: The 2028 to 2032 plan cycle is opening now. CAA held consultation webinars on eco-modulation and responsible end markets (August 12, 2026) and education and outreach (August 19, 2026); the materials and collection lists session is September 2, 2026.
Oregon DEQ approves CAA REM program plan amendment
May 31, 2026
2025 Annual Supply Report due (CAA-set date, not statutory)
Jun 25, 2026
Lollicup USA (Karat) filed second suit; class action for non-NAW producers
Jul 16, 2026
Stipulation entered: DEQ pauses pre-enforcement notices against putative class members (non-NAW producers) through at least Aug 31, 2026
Aug 31, 2026
DEQ pre-enforcement pause expires unless extended
Sep 10, 2026
Joint status report due in Lollicup
Oct 2026
CAA expected to publish the 2027 Oregon Producer Fee Schedule (the 2026 schedule published Oct 29, 2025)
Jan 2027
2027 fees invoiced in two 50% installments
Jul 13-17, 2026
NAW trial on the merits held (five-day bench trial, DCC + Due Process claims); ruling expected by end of August 2026
Covered Products Scope
All single-use consumer packaging: plastics, glass, metals, paper/paperboard, composites, and multi-material.
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). Separately, producers ABOVE de minimis but under 10 metric tons may elect a tiered flat fee instead of material-by-material fees, ORS 459A.884(6) - see the flat-fee table on the Finance tab
B2B / Tertiary Packaging
CAREFUL: Oregon does NOT simply exclude tertiary. Non-consumer tertiary corrugated is on the USCL at 0.0 c/lb, and non-consumer pallet wrap is PRICED at 34.0 c/lb against 43.0 for general flexible film. Both are in scope and both must be reported. DEQ runs a passive claims approach for exactly these two materials: to claim the ORS 459A.863(6)(b)(J) not-discarded-in-Oregon exemption you file no form, but you must report gross volumes to CAA by the May 31 deadline. Zero-rated is not out of scope. And who applies the wrap decides: DEQ FAQ Q9 says distributor-applied pallet wrap is exempt only if that distributor is not the obligated producer under ORS 459A.866(1)(a)-(c).
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
No hazard-based exclusion exists. ORS 459A.863(6)(b) runs 18 subsections and names neither DOT nor RCRA. Oregon DEQ's RMA Exemptions FAQ (Apr 9, 2026) states packaging containing hazardous substances “by and large is in the scope of Oregon's law”. The only neighbours are refillable LPG containers at (6)(b)(F), PRO-collected architectural paint at (6)(b)(I), and packaging that federal law requires be labeled do-not-recycle at (6)(b)(Q). Plastic hazardous containers are priced at 63.0 c/lb on the 2026 fee schedule; aerosols and pressurized cylinders have their own metal lines.
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.
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.
OR: Defined at ORS 459A.860; the producer is the entity that supplies the covered product to the Oregon market. 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.
Covered Material Category (CMC) for each component
Net weight per component, per unit (grams)
Units / volume placed on the state market in the reporting year
Post-consumer recycled (PCR) content %, with documentation
Recyclability designation (per the state list) and reuse / refill status
PCR / recycled content: PCR improvements can qualify for eco-modulation Bonus B (comparative LCA). Oregon has no general packaging PCR mandate; reducing packaging weight lowers tonnage-based fees directly.
Source reduction: No statewide source-reduction mandate; lighter packaging cuts tonnage-based fees dollar for dollar.
Toxics / substance limits: Oregon bans intentionally added PFAS in foodware containers, polystyrene-foam foodware, and foam packing peanuts (SB 543, effective January 1, 2025). Oregon has NOT adopted a Toxics-in-Packaging heavy-metals law, so the 100 ppm four-metal limit that applies in many states does not apply to packaging in Oregon.
Sources: Oregon SB 543 (eff. Jan 1, 2025); Toxics in Packaging Clearinghouse member list (Oregon 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: SB 582 (2021), the Recycling Modernization Act, codified at ORS 459A.860 to 459A.975. Read the statute →
Implementing rule: OAR chapter 340, divisions 90 and 91. DEQ has a further rulemaking open, Recycling Modernization Act Updates 2026, with Environmental Quality Commission action targeted for January to February 2027. Read the rule →
Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.
Frequently Asked Questions
What is the Oregon de minimis threshold, and is there a flat fee option for small producers?
Oregon exempts producers supplying less than one ton of covered materials into the state OR earning less than $5 million in global gross revenue; meeting either test is enough. Separately, ORS 459A.884(6) lets producers who fall between the exemption and full fee-per-pound reporting elect a tiered flat fee instead. Under the CAA 2026 Oregon Producer Fee Schedule the tiers are $1,200 for 1 to 2.5 metric tons, $2,500 for 2.5 to 5 metric tons, $4,100 for 5 to 7.5 metric tons, and $5,800 for 7.5 to 10 metric tons. Eligibility is for producers with gross revenues under $10 million supplying more than five metric tons into Oregon, or the reverse; the two lowest tiers are also open to producers above $10 million in gross revenue.
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 to CAA May 31, 2026, a CAA-set program date; Oregon DEQ describes it as an internal CAA deadline.
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 rather than 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.
Explore Oregon Data in the Full EPR Atlas Hub
The EPR Atlas hub includes interactive tools to model your Oregon EPR cost exposure and compare eco-modulation scenarios across all seven enacted states.