Governing Law
Fee Start
July 1, 2025 - ACTIVE
Max Penalty
Up to $25,000 per day for each day of violation. DEQ assesses under ORS 459A.962(4) and the ceiling is set by ORS 459.995(1)(a), which names ORS 459A.860 to 459A.975; DEQ starts from the OAR 340-012-0140 base-penalty matrix
Administering Agency
PRO / Administrator
De Minimis
under 1 metric ton of covered products sold into Oregon or under $5 million gross revenue, either one enough, with associated producers aggregated (ORS 459A.863(32)(c) and (d); OAR 340-090-0860(6))

Oregon's LCA bonus credits

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, A, B, and C, with no maluses in force. 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 or batch of SKUs, with a per-producer ceiling of $200,000. Oregon also offers Bonus B, a comparative LCA demonstrating reduced impact, capped at $50,000 per SKU or batch and $500,000 per producer. Bonus C rewards an LCA showing substantial impact reduction from switching a SKU from single-use to reusable or refillable packaging; DEQ approved the eco-modulation amendment that added it on September 12, 2025. A producer may receive only one bonus per SKU or batch of SKUs. For bonuses granted in 2027, LCA submissions were due to CAA by May 31, 2026, and CAA grants the bonuses as credits on 2027 base fees.

The flat fee for low-volume producers

Oregon also offers a tiered flat fee under ORS 459A.884(6) for producers above de minimis with gross revenue under $10 million or supplying under five metric tons into Oregon, 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. Meeting either the revenue test or the tonnage test is enough. CAA's 2027 schedule offers the bands only to producers supplying 10 metric tons or less, and it opens the two lowest bands to producers over $10 million as well. Neither the approved plan nor the 2026 fee schedule says whether a flat-fee payer can still claim the LCA bonuses.

Penalties and the private recycling exemption

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.

Scope and status of the NAW injunction

A federal court preliminary injunction issued February 6, 2026 covers companies that were NAW members as of that date and nobody else. The court upheld the Recycling Modernization Act on August 27, 2026 and entered final judgment for DEQ on August 28, 2026 (ECF 206); neither the opinion nor the judgment says what becomes of the injunction, so members should not plan around it continuing. Companies joining NAW after February 6, 2026 were never covered, and non-NAW producers face full enforcement.

Fee Schedule by Material

Final fee rates per metric ton before any LCA bonus credit, so the fee is tonnage x final fee rate, less any LCA bonus credit CAA grants on the invoice. Oregon’s 2027 rates include CAA’s return of about $80 million in reserves, and two rates, aluminum cans and natural HDPE bottles, are below zero.

Material / Packaging Type2027 Rate / Metric Ton2026 Rate / Metric TonTier
Aluminum, cans −$198$132 Tier 1
Clear PET (#1) $419$551 Tier 2-3
HDPE Natural (#2) −$88$198 Tier 1
Steel $88$220 Tier 1
Uncoated Paper/Board $110$176 Tier 1
Corrugated $44$176 Tier 1
HDPE Pigmented (#2) $441$705 Tier 2-3
PP (#5) $463$838 Tier 2-3
Glass $0$220 Tier 1
LDPE Film / Mono-PE $265$948 Tier 2-3
PS Rigid (#6) $970$2,138 Tier 4
Expanded Polystyrene $1,631$3,042 Tier 4

Eco-Modulation Factors

✓ ConfirmedVerified against official regulatory or CAA documentation.

Source: CAA Oregon Program Plan, Amended Version May 4, 2026 (as posted by DEQ), Producer Fee Incentives; DEQ approval letter of September 12, 2025 for the eco-modulation amendment; OR DEQ Life Cycle Evaluation rule OAR 340-090-0900 to 0940.

In Oregon this cycle, eco-modulation is three voluntary LCA bonuses, A, B, and C.

Fee Reductions (Bonuses)

LCA Bonus A (Voluntary Disclosure): 10% of base fees excl. reserves (~8% net), capped −$20K per SKU or batch, at most $200K per producer (10 SKUs x $20K) LCA Bonus B (Substantial Impact Reduction): a multiple of Bonus A by impact-reduction tier. The plan as posted by DEQ (amended May 4, 2026) lists 2.0, 2.25, and 2.5, capped at $40,000, $45,000, and $50,000 per SKU or batch; DEQ's September 12, 2025 approval letter directed the Tier 2 and 3 multipliers to 2.5 and 3.0. At most $500K per producer (10 SKUs x $50K) LCA Bonus C (Reuse or Refill): an LCA showing substantial impact reduction from switching a SKU from single-use to reusable or refillable packaging; uses the Bonus B impact-reduction tiers and caps. Added by the eco-modulation amendment DEQ approved September 12, 2025 (DEQ approval letter of that date)

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 or batch 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 LCA bonuses, each requiring a third-party reviewed LCA. Oregon's approved CAA plan carries three LCA-based bonuses: Bonus A (conduct and disclose an LCA), Bonus B (an LCA showing substantial impact reduction from a packaging change), and Bonus C (an LCA showing substantial impact reduction from switching a SKU from single-use to reusable or refillable packaging). A producer may receive only one bonus per SKU or batch of SKUs. DEQ approved the eco-modulation amendment that added Bonus C on September 12, 2025. For bonuses granted in 2027, LCA submissions were due to CAA by May 31, 2026, and CAA grants the bonuses as credits on 2027 base fees. Bonus A: 10% of a SKU's base fees excluding the reserve portion (~8% net), capped at $20K per SKU or batch; $200K per-producer ceiling as 10 SKUs x $20K. Bonus B and C are multiples of Bonus A by impact-reduction tier: the plan as posted by DEQ (amended May 4, 2026) lists 2.0, 2.25, and 2.5, capped at $40,000, $45,000, and $50,000 per SKU or batch; DEQ's September 12, 2025 approval letter directed the Tier 2 and 3 multipliers to 2.5 and 3.0. 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., 3:25-cv-01334; five-day bench trial held July 13-17, 2026). DECIDED August 27, 2026: the RMA was upheld. Judge Michael H. Simon issued 71-page Findings of Fact and Conclusions of Law (ECF 205) holding that the Recycling Modernization Act violates neither the dormant Commerce Clause nor the Due Process Clause. Every dormant Commerce Clause theory failed (discriminatory purpose, facial discrimination, discriminatory effects, unreasonable user fee, Pike balancing), and so did both due process theories (private nondelegation to CAA, and the process for assessing and collecting membership fees). What the decision does to the injunction: neither the opinion nor the judgment says, and the opinion mentions it only in its procedural history. Final judgment was entered for the Director on August 28, 2026 (ECF 206), so the case is over in the district court. A preliminary injunction does not ordinarily outlive a final judgment against the party that obtained it, but no order has expressly dissolved this one, so NAW members should take advice before assuming it either continues or has lapsed. NAW appealed on September 24, 2026: it filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit from the August 28 judgment (ECF 209), inside the September 28 deadline under FRAP 4(a)(1)(A). Docket read October 4, 2026: the only other district court entries after the judgment are transcripts of proceedings (ECF 207, September 11, and ECF 208, September 14) and the September 30 entry recording the Ninth Circuit case number, and no motion for a stay or for an injunction pending appeal appears on either the district or the Ninth Circuit docket. 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 reached non-NAW producers through August 31, 2026: 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 the parties filed July 16, 2026 (ECF 9, Exhibit 1; terms as summarized by Arnold and Porter, July 22, 2026), Oregon DEQ's Materials Management Program agreed not to issue pre-enforcement notices against Lollicup or any putative class member through at least August 31, 2026, extendable by written consent. That date has passed and the public docket shows nothing extending it; on September 10, 2026 the court moved the joint status report to not later than October 16, 2026 (ECF 12). The agreement did not suspend producer obligations, 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 no court order grants class relief, and the protection depends on DEQ's agreement; and the Circular Action Alliance is not a party, so CAA may still assess fees and pursue compliance actions. Oregon has two quarterly lists: 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. As of October 1, 2026, the DEQ list is the only public non-compliance list. CAA publishes the compliant-member half of ORS 459A.869(8); its Oregon registry (Q3 2026, updated September 22, 2026) quotes the non-compliance limb and refers it to the Oregon Program Plan without naming anyone. The second DEQ list, dated September 4, 2026 and posted on the CAA Oregon page on September 29, names 198 producers; the first, dated April 9, 2026, named 304. Litigation deadlines were stayed pending the NAW ruling, which issued August 27, 2026 and upheld the RMA; on September 10, 2026 the court set the joint status report for not later than October 16, 2026 (ECF 12). Sources: NAW v. Feldon, ECF 205 (D. Or. Aug. 27, 2026); CourtListener dockets 3:25-cv-01334 and 3:26-cv-01287, read Sep 20, 2026; 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 4, 2026 (DEQ approval letter of that date).

Where it stands: Year one complete. CAA published its Oregon Annual Report 2025 in July 2026: 2,909 participating producers at the end of 2025 and $167.9 million in FY25 producer 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 was held September 2, 2026. DEQ opened comment on CAA's third amendment to the current plan through 5:00 p.m. PT October 19, 2026, and DEQ's notice for its third RMA rulemaking set comments due by 4 p.m. October 30, 2026.

Source: Oregon DEQ; Circular Action Alliance Oregon Annual Report 2025 (published July 2026). Agency program page →

Reporting Deadlines and Program Dates

Mar 31, 2025
Producers had to be registered with CAA to file by this CAA-set reporting deadline; failure to register is a Class 1 violation
Mar 31, 2025
CY2024 Annual Supply Report due (a date CAA set; no statute sets it); this is the report the 2026 fee invoices are calculated from
Jul 2025
Fees live; first invoices paid
Feb 2, 2026
HB 4030 introduced, proposing exemptions for certain berry and meat, poultry, fish, and seafood packaging; it died in the House Rules Committee when the 2026 session adjourned (Mar 6, 2026)
Feb 6, 2026
Federal court injunction (NAW members only)
Mar 5, 2026
DEQ warning letters to non-compliant producers (date as reported by Resource Recycling, Apr 21, 2026; DEQ's Apr 9, 2026 Producer Status List confirms listed producers were first sent a DEQ Warning Letter with a 30-day correction window)
May 4, 2026
Oregon DEQ approves the CAA program plan amendment on verification of responsible end markets, effective immediately
May 31, 2026
2025 Annual Supply Report due (a date CAA set; no statute sets it)
Jun 25, 2026
Lollicup USA (Karat) filed second suit; class action for non-NAW producers
Jul 1, 2026
The opportunity-to-recycle definition expands to the residential and commercial tenants of landlords or property managers that are collection-service customers for their tenants' benefit, with DEQ exemptions for extreme compliance barriers; a local government duty rather than a producer one (ORS 459A.005(3) as amended by 2015 Or. Laws ch. 534 sec. 2, operative date set by sec. 3 as amended by SB 582 Sec. 50)
Jul 13–17, 2026
NAW trial on the merits held (five-day bench trial, DCC + Due Process claims)
Jul 16, 2026
Stipulation filed by the parties (ECF 9, Exhibit 1; terms as summarized by Arnold and Porter, July 22, 2026): DEQ agreed to pause pre-enforcement notices against putative class members (non-NAW producers) through at least Aug 31, 2026
Aug 27, 2026
NAW v. Feldon decided: RMA upheld on both claims (ECF 205); final judgment for the Director Aug 28 (ECF 206)
Aug 31, 2026
DEQ pre-enforcement pause was set to end on this date unless extended. Docket read Sep 16, 2026: no extension, amended stipulation, or dismissal filed. The parties could extend by written agreement without docketing it, so the public record cannot say which happened. Do not treat the pause as in force
Sep 24, 2026
NAW files a notice of appeal to the Ninth Circuit from the Aug 28 judgment (ECF 209)
Sep 30, 2026
NAW v. Feldon: the Ninth Circuit dockets the appeal as No. 26-6404; NAW opening brief due Dec 17, 2026 and Oregon answering brief Jan 18, 2027 (CourtListener, read Oct 4, 2026)
Oct 1, 2026
CAA published the 2027 Oregon Producer Fees Schedule. Final rates fall a median 48 percent, mostly because CAA is returning about $80 million of program reserves, plus $3 million of SIM fees, through 2027 rates; before that drawdown, base rates fell a median 7 percent and 22 of 62 rose. Two rows are new, as the approved program plan set out: PE and PP caps and lids and HDPE package handles (41 cents per pound) and molded pulp food serviceware (43 cents per pound). Other small-format plastic moves off the PRO list at 78 cents per pound
Oct 1, 2026
DEQ posts the public comments on the CAA 2025 Oregon annual report (20 pages, including a City of Portland letter of Sep 9) beside the report; no DEQ decision on the report is posted (DEQ RMA page)
Oct 16, 2026
Joint status report due in Lollicup, not later than this date (ECF 12, order of Sep 10, 2026 granting the ECF 11 joint motion)
Dec 15, 2026
DEQ final report and recommendations for legislation on the compostability of covered products and their effects on composting systems due to the legislative interim committees on the environment (SB 582 Sec. 44a(3))
Jan 2027
2027 fees invoiced, 50% in January and 50% in July 2027 (CAA 2027 Oregon Producer Fees Schedule, Oct 1, 2026)

Program Notes

First state with fee obligations under an approved program plan, active since July 2025. Colorado's separate lubricant-packaging program, LPMA, run by Interchange 360, collected producer dues from July 1, 2024, before CDPHE approved its plan in September 2025. Eco-modulation is bonus-only this cycle (no maluses yet); statute lists 5 factors to consider, implemented this cycle as three LCA bonuses, A, B, and C (DEQ approved the eco-modulation amendment that added Bonus C on September 12, 2025; a producer may receive only one bonus per SKU or batch of SKUs). Bonus A credit up to $20K per SKU or batch of SKUs (10% of that SKU's Oregon base fees excluding reserves, ~8% net, capped at $20K; $200K per-producer ceiling as 10 SKUs x $20K). CAA's plan states a "product speciation list of 60 material categories", grouped by eight material classes, and the September 2026 amendment carries that same sentence forward. Note the amendment's own Table 21 splits four categories and renames a fifth while the prose still says 60, so the number may move when DEQ rules on the amendment. Source: CAA Oregon approved program plan, Financing, Reporting Categories; the same section of the September 2026 proposed amendment.

Covered Products Scope

Packaging of all materials (plastics, glass, metals, paper/paperboard, composites, multi-material), including B2B, reusable, and storage packaging; scope is not limited to consumer or single-use packaging (DEQ RMA Exemptions FAQ A6; OAR 340-090-0840(1)). Covered products also include printing and writing paper, where the publisher is the producer for catalogs, magazines, newspapers, and directories, and food serviceware (ORS 459A.863(6)(a); 459A.866(2)(a)).

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)Out of scopeAutomatic by law
Oregon calls it 'small producer' and it runs SEVEN conditions, ANY ONE of which confers full exemption: (a) a nonprofit organization; (b) a public body under ORS 174.109; (c) gross revenue under $5M for the most recent fiscal year; (d) sold under one metric ton of covered products into Oregon; (e) a beverage manufacturer under FIVE metric tons, keyed to ORS 459A.700 beverage containers; (f) a restaurant or food cart that is not a producer of food serviceware; (g) a single retail sales establishment with no online sales, not part of a franchise or chain. CORRECTED 2026-09-09: this entry previously said 'any of 7 qualifying conditions' and listed only the revenue and tonnage tests, which told a reader seven existed and showed two. The other five now have their own rows. Separately, under ORS 459A.884(6) producers above de minimis with gross revenue under $10 million, or selling under five metric tons into Oregon, may elect a tiered flat fee instead of material-by-material fees; CAA's 2026 bands run 1 to 10 metric tons and the two lowest are also open to producers above $10 million. The bands are in the fee schedule card above. Oregon is the ONLY enacted state that aggregates across related companies: under OAR 340-090-0860(6) the gross revenues and covered product volumes of associated producers are added together before the thresholds are applied, and the same aggregation governs flat-fee eligibility, so a corporate group cannot split itself into qualifying entities. Associated producers include same-family ownership in the same line of business, more than 50 percent direct or indirect control, and IRC 1563(a) controlled groups. Oregon DEQ also confirms that an exempt small producer's products are orphaned: no other party in the chain becomes liable for the fee.
ORS 459A.863(32)(a) to (g); ORS 459A.884(6); OAR 340-090-0860(6)
Government and nonprofitEntity-side reliefAutomatic by law
Both are 'small producer' conditions, and a small producer is fully exempt regardless of size: (a) a nonprofit organization, (b) a public body as defined in ORS 174.109. Oregon's small-producer definition runs SEVEN conditions and any one confers exemption; see the de minimis row for the full list.
ORS 459A.863(32)(a) and (b), with ORS 174.109
Paper and wood-fiber millsNo provision
No mill exclusion. Only Minnesota and Maryland carve out mills, and they carve out the same two categories.
ORS 459A.863(32)(a) to (g)
Restaurant and single-location retailEntity-side reliefAutomatic by law
Two of the seven small-producer conditions. (f) a restaurant, food cart, or similar establishment primarily selling food intended for immediate consumption, provided it is not a producer of food serviceware under ORS 459A.866. (g) a single retail sales establishment with no online sales that is not part of a franchise or chain.
ORS 459A.863(32)(f) and (g), with ORS 459A.866
Beverage manufacturer volume testEntity-side reliefAutomatic by law
Oregon alone gives beverage manufacturers a HIGHER volume threshold: five metric tons rather than one. A manufacturer of a beverage sold in a beverage container, as those terms are defined in ORS 459A.700, that sold under five metric tons of covered products into Oregon, INCLUDING secondary and tertiary packaging for beverage containers, is a small producer. The test is tied to an ORS 459A.700 beverage container, and SB 1520 (2022) gave a refund value to wine in CANS only from July 1 2025, so a glass wine bottle is not a 459A.700 beverage container and a glass-only winery does not reach this test. It works for beer, soda, and canned wine.
ORS 459A.863(32)(e), with ORS 459A.700
Alcohol licenseeNo provision
No alcohol licensee exclusion, and no on-premises alcohol carve-out in the revenue test either. Maryland is the only state with a direct alcohol exemption; Colorado and Washington carve on-premises sales out of their revenue thresholds instead.
ORS 459A.863(32)
B2B and transport packagingConditionalAutomatic by law
Oregon does not exclude tertiary packaging as a class. Four separate subsections do the work and each is narrow: (D) rigid pallets used as a structural foundation for forklift transport, (E) specialty items used exclusively in industrial or manufacturing processes, (H) pallet wrap added by a person that is not the producer of the palletized goods, and (J) any item not ultimately discarded inside the state. In the 2026 fee schedule, 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 those two under the ORS 459A.869(13) private recycling exemption, which DEQ says is distinct from (J): to claim a share of the pool volume you file no claim form with DEQ, but you must report gross volumes to CAA by the May 31 deadline (DEQ RMA Exemptions FAQ A10 and A13). 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).
ORS 459A.863(6)(b)(D), (E), (H), (J)
Hazardous or flammable (OSHA HazCom)No provision
No OSHA hazard exclusion exists. The list runs 18 subsections and names neither OSHA, DOT, nor RCRA; its one hazard-related item, ORS 459A.863(6)(b)(Q), reaches only products that federal rules require to be labeled not for recycling, and OAR 340-090-0840(2)(d) excludes certain agricultural chemical packaging, such as restricted-use pesticides sold to licensed applicators. Oregon DEQ's RMA Exemptions FAQ (Apr 9, 2026) Q11 states packaging containing hazardous substances “by and large is in the scope of Oregon's law”. Plastic hazardous containers are priced at 63 c/lb on the 2026 fee schedule and 48 c/lb on the 2027 schedule; aerosols are 64 c/lb, then 33 c/lb, and non-aerosol pressurized cylinders 62 c/lb, then 36 c/lb, on their own metal lines.
ORS 459A.863(6)(b)(A) to (R)
DOT dangerous goodsNo provision
No DOT-based exclusion. California is the only state of the seven with one.
ORS 459A.863(6)(b)(A) to (R)
Refillable LPG and pressurized containersOut of scopeAutomatic by law
“Liquified petroleum gas containers that are designed to be refilled.” A single-use pressurized cylinder is not covered by this and falls to its ordinary metal line, priced at 62 c/lb for non-aerosol cylinders on the 2026 schedule and 36 c/lb on the 2027 schedule. Aerosols are not LPG containers and are priced separately, at 64 c/lb in 2026 and 33 c/lb in 2027.
ORS 459A.863(6)(b)(F)
Pesticides (FIFRA)ConditionalAutomatic by law
Narrower in practice than Colorado, California, Minnesota, Maryland, and Washington, and broader than Maine, which has no FIFRA exclusion. Oregon excludes packaging only where 40 CFR 156.140 or another federal rule REQUIRES the label or container to say the packaging should not be recycled. Being a FIFRA product is not enough on its own. Colorado, California, Minnesota, and Washington exclude all FIFRA packaging with no such condition, and Maryland's rule excludes primary FIFRA packaging only, with no label condition (COMAR 26.04.14.02B(16)(g)). Some hazardous agricultural products are separately exempt at OAR 340-090-0840(2)(d).
ORS 459A.863(6)(b)(Q)
Beverage containers and deposit programsConditionalAutomatic by law
(A) excludes a beverage container as defined in ORS 459A.700, and (P) excludes wine and spirit containers for which an Oregon refund value is established. SB 1520 gave wine a refund value from July 1, 2025 for CANS only, and OLCC states “A can is a cylindrical metal container and does not include glass or plastic”. So a glass wine bottle is a covered product in Oregon, at the 2026 glass rate of 10.0 c/lb, and the same wine in a can is not. Secondary and tertiary packaging around a deposit container stays in scope.
ORS 459A.863(6)(b)(A) and (P)
Medical, drug, and deviceOut of scopeAutomatic by law
The exclusion is broad and covers primary, secondary, and tertiary packaging. (M) prescription and nonprescription drugs and branded or generic drugs per ORS 689.005 and 689.515, (N) animal medicines including parasiticides, (O) infant formula, medical food, and fortified oral nutritional supplements. Medical devices are excluded by rule only where they are Class II devices sold labeled as sterile with a cleared 510(k) premarket notification, or Class III devices (OAR 340-090-0840(2)(b)). Class I devices and other Class II devices are covered. CORRECTED 2026-09-28: this entry previously said Class I and II devices were treated as excluded in DEQ guidance; the rule text excludes only the two classes named here.
ORS 459A.863(6)(b)(M), (N), (O); OAR 340-090-0840(2)(b)
AgriculturalOut of scopeAutomatic by law
(K) items sold on a farm or used on a farm, including farm use as defined in ORS 215.203 or processing on a farm, provided an item used on a farm is not later sold at a retail establishment off the farm. (L) items used by a nursery licensed under ORS 571.055 that earns most of its revenue from nursery stock, provided the items are not sold through retail. Agricultural chemical and pesticide containers are covered by separate state programs. Animal biologics are exempt.
ORS 459A.863(6)(b)(K) and (L)
Paint stewardship containersOut of scopePRO requested
Architectural paint containers as defined in ORS 459A.822, where they have been collected by a producer responsibility organization under the program at ORS 459A.820 to 459A.855. Collection through that program is the condition, so a paint container outside it is not excluded by this subsection.
ORS 459A.863(6)(b)(I)
Long-term storage, five yearsOut of scopeAutomatic by law
The exclusion is in DEQ's rule. ORS 459A.863(6)(b) names no long-term-storage item in (A) to (R), but DEQ's rule adds one: packaging used for the long-term (five or more years) storage of a durable good, as the Bureau of Economic Analysis defines durable goods, is not a covered product. It is unconditional and needs no agency determination. CORRECTED 2026-09-16: this entry previously said Oregon had no five-year exclusion, because only the statute had been read; the rule carries it.
OAR 340-090-0840(2)(a)
Commercial recycling routeConditionalApplication required
Private recycling exemption: packaging collected through a non-commingled private program, not processed at a MRF, and recycled at a responsible end market. The producer has to demonstrate it. Annual claim window, form due March 31 each year.
ORS 459A.863(6)(b)(G) via ORS 459A.869
Construction and contractorsNo provision
No construction exclusion, material-side or entity-side. Colorado exempts the builder as a producer and Washington excludes bulk construction materials; Oregon does neither.
ORS 459A.863(6)(b)(A) to (R)
Agency catch-allConditionalAgency determination
Any other material the commission determines by rule, after consultation with the Oregon Recycling System Advisory Council. OAR 340-090-0840(2) already excludes long-term durable-good storage packaging, certain medical device packaging, healthcare infectious-waste packaging, certain agricultural chemical packaging, and certain reusable and refillable pressurized cylinders, and temporary rule DEQ 10-2026 adds garbage bags that meet its marketing and compliance conditions through March 12, 2027. DEQ's third RMA rulemaking proposes more.
ORS 459A.863(6)(b)(R)
Oregon has the most detailed exclusion list of any U.S. state, at 18 subsections. Scope varies by item: some exclusions reach only primary packaging and others reach all types. Zero-rated is not out of scope: non-consumer tertiary corrugated sits on the collection list at 0.0 c/lb and still has to be reported.

Responsible Producer

Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that makes or sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item into the state. The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in two states. In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)).

OR: Three tiers under ORS 459A.866(1)(a): (A) the manufacturer for own-brand or unbranded items, (B) the licensee, (C) the importer where neither exists in the United States; no brand-owner tier. OAR 340-090-0860(1)(a) counts a person that directs the manufacturing, including setting packaging specifications, as the manufacturer, so a brand owner specifying its packaging is reached at tier 1. Definitions at ORS 459A.863. 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 they are best captured at design time. CAA collects this once through its producer portal and maps it to each state a producer sells into, and state-specific rules still apply. Retain supporting records to substantiate reports, exemptions, and credits, for the period your PRO agreement and the state program set.

Oregon's statewide collection (acceptance) list defines what counts as recyclable in Oregon. Covered materials / recyclability list →

Design Levers: PCR, Source Reduction, and Toxics

Confirmed

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.

No statewide source-reduction mandate; lighter packaging cuts tonnage-based fees dollar for dollar.

Oregon bans intentionally added PFAS in foodware containers, polystyrene-foam foodware, and foam packing peanuts (SB 543, effective January 1, 2025). The ban does not take other polystyrene out of scope. SB 543 removes foam FOODWARE CONTAINERS and PACKING PEANUTS only. All other covered polystyrene is still reported and still charged, and Oregon's 2026 schedule prices multiple PS lines, including expanded and foamed CUSHIONING, which is neither a foodware container nor a packing peanut. Oregon has no toxics-in-packaging heavy-metals law: the state map of the Toxics in Packaging Clearinghouse, which tracks the nineteen states with such laws, places Oregon among the states without legislation (read 2026-09-24), and ORS chapter 459A sets no cadmium or hexavalent chromium limit.

Sources: Oregon SB 543 (eff. Jan 1, 2025); Toxics in Packaging Clearinghouse state map (Oregon: without legislation, read 2026-09-24). The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.

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 filed the Notice of Proposed Rulemaking for its third RMA rulemaking (Recycling Modernization Act Updates 2026) on September 21, 2026: hearings October 20 (10 a.m.) and October 21 (6 p.m.), comments to RMARulemaking3@deq.oregon.gov by 4 p.m. October 30, 2026, and the proposal to the Environmental Quality Commission on or after January 14, 2027. It proposes new exempt product classes in OAR 340-090-0840 and changes to the PRO's glass obligations. 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 metric ton of covered materials into the state OR earning less than $5 million in global gross revenue, with the revenue and volumes of associated producers added together before either test is applied (OAR 340-090-0860(6)(b)); 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 or supplying under five metric tons into Oregon, and either test qualifies (ORS 459A.884(6)); 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 fee obligation of any U.S. state under an approved packaging EPR program plan, and first invoices have been paid. Colorado's separate lubricant-packaging program, LPMA, run by Interchange 360, collected producer dues from July 1, 2024, before CDPHE approved its plan in September 2025. 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 covers only companies that were NAW members as of that date, and even that coverage is now uncertain: the court upheld the law and entered final judgment for DEQ on August 28, 2026 (ECF 206), and neither the opinion nor the judgment says what becomes of the injunction. Companies joining NAW after February 6, 2026 were never covered. 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, with the revenue and volumes of associated producers added together before either test is applied (OAR 340-090-0860(6)(b)). Either condition alone grants full exemption from Oregon EPR obligations, and five other small-producer conditions are listed under Exemptions and Exclusions (ORS 459A.863(32)).
What are the LCA Bonus A, B, and C credits in Oregon?
Oregon has three LCA-based eco-modulation credits in the approved plan, A, B, and C, each requiring a third-party reviewed LCA. Bonus A (disclosure, no improvement required) is worth 10% of a SKU's Oregon base fees excluding the reserve portion, capped at $20,000 per SKU or batch of SKUs, for a per-producer maximum of $200,000. The $20,000 is a cap, not a flat amount: a SKU or batch must generate at least $200,000 in Oregon base fees excluding the reserve portion to reach it. Bonus B rewards a comparative LCA demonstrating reduced impact (up to $50,000 per SKU or batch, $500,000 per producer), and Bonus C rewards an LCA showing substantial impact reduction from switching a SKU from single-use to reusable or refillable packaging, added by the eco-modulation amendment DEQ approved on September 12, 2025. A producer may receive only one bonus per SKU or batch of SKUs. For bonuses granted in 2027, LCA submissions were due to CAA by May 31, 2026, and CAA grants the bonuses as credits on 2027 base fees.