U.S. Packaging EPR Atlas Extended Producer Responsibility Intelligence Hub
Governing Law
Fee Start
January 2026 - ACTIVE
Max Penalty
Administrative penalty of up to $5,000 for the first day plus up to $1,500 per day, rising to up to $20,000 plus $6,000 per day for a third violation within 12 months (C.R.S. 25-17-710(1), each tier "not to exceed"); sales prohibition for non-participants (25-17-708(1))
Administering Agency
PRO / Administrator
De Minimis
less than one ton of covered materials into Colorado, or under $5,779,297 in global gross revenue in the prior calendar year, excluding on-premises alcohol sales (the Producer Exemption Dollar Limit as of July 1, 2026; either qualifies; C.R.S. 25-17-713(1)(a) and (b); 6 CCR 1007-2 Part 1 s1.8.2)

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. Four active bonuses are in rule at 1% each, Section 18.9.2 having been adopted effective January 2026: clear on-package sorting instructions; Local End Use, which requires the material to be on the Minimum Recyclable List or a recyclables list identified through an alternative collection program, to carry an average 20% or more postconsumer content generated in the United States, and to go to a Colorado end market; certified compostable material; and a recyclability or reuse case study. They phase in rather than starting together, the case study bonus from July 1, 2027 and the on-package sorting instructions bonus from January 1, 2029, and the rule requires the PRO to apply them to invoices no later than January 31, 2028 and each January 31 after, unless a bonus sets its own start date (s18.9.2). CAA's 2027 dues schedule says its updated guidance covers these CDPHE bonus benchmarks. The four active incentives CAA's 2026 schedule listed for the 2026 program year correspond to the producer-level incentives in CAA's approved plan (source reduction, PCR, reuse and refill, and innovation and enhancement, worth 5 percent of base dues in the first year), which are separate from these rule bonuses. Section 18.9.1(B) says a producer is eligible for bonuses "equal to a reduction in base dues of 10%" while the four 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.

The passive factors are already inside the 2026 rates

The passive factors are published and 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, Additional Material List (AML) materials at least 20% above comparable Minimum Recyclable List (MRL) materials, and Not Collected materials at least 10% above comparable AML materials. CAA builds those passive maluses into its per-material dues rates from supply data, under the rule's factors for designs and practices that disrupt the recycling of other materials and for use of covered materials not on the Minimum Recyclable List (6 CCR 1007-2 Part 1 s18.5.4(B)(2)).

Either test alone grants the exemption

Colorado's de minimis threshold is less than one ton of covered materials into the state OR under the Producer Exemption Dollar Limit, $5,779,297 (the limit as of July 1, 2026) in global gross revenue in the prior calendar year, excluding on-premises alcohol sales. Colorado states no unit for that ton: C.R.S. 25-17-713(1)(b) and 6 CCR 1007-2 Part 1 Section 18.2.3(B) both read "less than one ton", while the same regulation writes "dry short tons" explicitly elsewhere, so neither metric nor short can be assumed (corrected 2026-08-27). The dollar limit is a rule figure at 6 CCR 1007-2 Part 1 Section 1.8.2 and is measured on realized gross total revenue excluding on-premises alcohol sales, CPI-adjusted to the Denver-Aurora-Lakewood CPI each July 1 (C.R.S. 25-17-713(2)). The figure is stated in the rule version effective July 15, 2026, which states it as of July 1, 2026; the superseded July 1, 2025 figure was $5,632,843. Colorado also exempts the state or a local government, nonprofit organizations, qualifying agricultural employers, an individual business operating a licensed retail food establishment at a physical business location, and builders, construction companies, and construction contractors (6 CCR 1007-2 Part 1 s18.2.3(C)-(G)). Any one condition alone grants full exemption.

Fee schedule by material

Published dues, with Colorado’s passive eco-modulation already inside the rates; the four active bonuses would reduce them further.

Material / Packaging Type2027 Rate / Metric Ton2026 Rate / Metric TonTier
Aluminum, cans $110$44 Tier 1
Clear PET (#1) $397$331 Tier 2–3
HDPE Natural (#2) $485$309 Tier 2–3
Steel $243$154 Tier 2–3
Uncoated Paper/Board $198$176 Tier 1
Corrugated $220$176 Tier 2–3
HDPE Pigmented (#2) $595$507 Tier 2–3
PP (#5) $463$441 Tier 2–3
Glass $110$88 Tier 1
LDPE Film / Mono-PE $1,367$1,058 Tier 4
PS Rigid (#6) $1,698$1,720 Tier 4
Expanded Polystyrene $4,608$3,792 Tier 4

Tier groups the newest rate in each row into this site’s bands (Tier 1 under $200, Tier 2–3 from $200 to $599, and Tier 4 at $600 or more per metric ton). It is not a program term.

Eco-modulation factors

✓ ConfirmedStated in a statute, an adopted rule, an approved program plan, or a published schedule or agency list, and quotable from the provision cited.

Source: 6 CCR 1007-2 Part 1 Section 18.9, adopted text (rule versions effective January 14, 2026 and July 15, 2026). Section 18.9 holds the eco-modulation bonus schedule. Per-benchmark values are in rule at 1% each; CAA 2026 Colorado Producer Dues Schedule (Oct 13, 2025) for the passive factors.

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 or a recyclables list identified through an alternative collection program, 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 and 2027 dues rates. The four active bonuses are 1% each in rule; the rule requires the PRO to apply them to invoices no later than January 31, 2028, unless a bonus sets its own start date, and CAA's 2027 dues schedule says its updated guidance covers these CDPHE bonus benchmarks. The four active incentives in CAA's 2026 schedule are CAA's own plan incentives, separate from these bonuses)

Per CDPHE's eco-modulation bonus schedule (6 CCR 1007-2 Part 1 Section 18.9; adopted text effective in January 2026). Passive factors are already built into the published 2026 and 2027 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 in rule at 1% each, and Section 18.9.2 was adopted effective in January 2026. 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 rule requires the PRO to apply the bonuses to invoices no later than January 31, 2028 and each January 31 after, unless a benchmark sets its own start date (s18.9.2). The PRO must publish producer dues and the calculation guidance by October 1 each year (s18.9.2), and CAA published its 2027 Colorado Producer Dues Schedule on October 1, 2026. 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 itemized 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, so this site states no Colorado cap in either direction. Colorado uses no LCA, unlike Oregon. The 2026 producer dues already apply the passive factors (e.g., glass bonus 4.2 to 4.0 cents/lb; EPS/PS foam malus 160.2 to 172 cents/lb), and CAA's 2026 dues schedule lists four active incentives of its own for the 2026 program year, which correspond to the producer-level incentives in CAA's approved plan (source reduction, PCR, reuse and refill, and innovation and enhancement) and are separate from the rule bonuses.

Litigation status

ILMA v. CDPHE (Denver District Court No. 2026CV30902, filed March 12, 2026). What is challenged: CDPHE's implementation of the packaging EPR program under HB 22-1355, including its approval of the LPMA individual producer plan and the fees imposed on lubricant manufacturers, on statutory grounds, with ILMA’s August 18, 2026 release also raising due process and private-delegation concerns, brought by the Independent Lubricant Manufacturers Association; CDPHE's motion to dismiss (arguing the statutory claims are untimely under the 35-day judicial review window) was reported pending as of June 2026 (Arnold and Porter, June 1, 2026); Denver District Court dockets are not public, so its current status is not confirmed. Injunction sought, none granted: ILMA says it filed a motion for a preliminary injunction on August 18, 2026, asking the court to bar CDPHE from enforcing the CAA program plan and LPMA individual producer plan obligations against ILMA members only, not to halt the program (ILMA release of August 18, 2026; signaled, attributed to ILMA). No hearing date and no ruling are confirmed. Registration, reporting, and fee obligations remain fully in effect for all producers. Second case, also seeking an injunction: NAW v. Ryan (U.S. District Court, D. Colo., Case No. 1:26-cv-03460, filed July 30, 2026). The National Association of Wholesaler-Distributors filed a federal constitutional challenge to HB 22-1355, and on August 5, 2026 moved separately for a preliminary injunction while the case proceeds, with its complaint asking the court to bar enforcement of the Act against NAW members; the State filed its response on September 16, 2026 (ECF 15), NAW replied on September 28, 2026 (ECF 17), on October 13, 2026 the State moved to dismiss the complaint (ECF 20), on October 15, 2026 the Auto Care Association moved to intervene as a plaintiff (ECF 22), and on October 21, 2026 the court held a scheduling conference and set oral argument on that motion for November 6, 2026 (ECF 25). NAW raises five claims: that the Act delegates regulatory power to a private entity, CAA, in violation of Fourteenth Amendment due process; that it imposes an unconstitutional condition by requiring businesses that sell to Colorado consumers to sign an agreement with CAA giving up their rights to due process and a federal judicial forum, and to pay fees not even roughly proportional to their impacts; that it violates the Dormant Commerce Clause; that it violates the First Amendment by prohibiting businesses from charging Colorado customers a fee to recover their EPR costs; and that it compels producers to join CAA and fund its advocacy. NAW also argues the producer definition sweeps in many wholesale distributors that have no control over the selection, design, or manufacture of most product packaging. This is NAW's third EPR suit after Oregon and the 17-state California coalition. No relief has been granted in either case. Colorado's program remains in force and fees remain due. Sources: ILMA, ILMA Seeks Preliminary Injunction Against Colorado EPR Enforcement (Aug 18, 2026), accessed Sep 23, 2026; CourtListener docket 1:26-cv-03460, ECF 1 to 26, accessed Oct 25, 2026; NCLA case page (NAW reply of Sep 28, 2026), accessed Oct 11, 2026; Arnold and Porter (Jun 1, 2026); Foley and Lardner (Apr 6, 2026); case filings (Jul 30, 2026).

Program plan status

Confirmed

Plan submitted: Yes. CAA is the designated producer responsibility organization for Colorado packaging and paper. Interchange 360 also runs a CDPHE-approved individual program for packaging of lubricants, antifreeze, and other petroleum-based fluids used in transportation and mechanical applications, approved September 2025.

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

Where it stands: Live. Dues began January 2026, and CAA published the 2027 Colorado Producer Dues Schedule on October 1, 2026; both schedules carry passive eco-modulation factors inside the rates, and the 2027 schedule says the CDPHE bonus benchmarks will apply alongside them.

Next milestone: The CDPHE PRAB page, accessed September 23, 2026, listed Producer Responsibility Advisory Board meetings for October 28 (1:30 to 4:30 p.m.), November 18, and December 9, 2026. CAA published the 2027 Colorado producer dues on October 1, 2026 and lists its eco-modulation guidance (6 CCR 1007-2 Part 1 s18.9.2) as revised October 2026, in its login-only Producer Portal (CAA Colorado guidance page, accessed October 4, 2026).

Source: Colorado CDPHE; CAA 2026 Colorado Producer Dues Schedule (October 13, 2025); CAA 2027 Colorado Producer Dues Schedule (October 1, 2026). Agency program page →

Reporting deadlines and program dates

Jul 31, 2025
CY2024 Annual Supply Report (2024 supply data) due to CAA; producers had to register with CAA by Oct 1, 2024 and participate from Jul 1, 2025 Producer action
Dec 2025
CDPHE approved Colorado program plan
Jan 2026
First mandatory fee payments due Producer action
Mar 11, 2026
Interchange 360 (Lubricants Packaging Management Association) starts its CDPHE-approved individual program for packaging of lubricants, antifreeze, and other petroleum-based fluids used in transportation and mechanical applications such as motor oil and antifreeze, with diesel exhaust fluid and aerosol lubricants on its Applicable Products List; CDPHE approved the plan on September 9, 2025 and says a producer may need to register and report with both CAA and Interchange 360 (Interchange 360 Colorado producer page; CDPHE Producer Responsibility Program page, accessed October 11, 2026)
May 31, 2026
2025 Annual Supply Report due (CAA-set date, not statutory) Producer action
Oct 1, 2026
CAA published the 2027 Colorado Producer Dues Schedule, due by this date under 6 CCR 1007-2 Part 1 Sec. 18.9.2. Dues rise a median 14 percent, and 19 percent on Minimum Recyclable List materials, and are invoiced 50% in January and 50% in July 2027. The schedule says detailed eco-modulation guidance with the CDPHE bonus benchmarks would be posted by Oct 1, and Interchange 360 said it would release its 2027 eco-modulation guidance on Oct 1 (Interchange 360, Sep 23, 2026); CAA’s Colorado guidance page now lists its eco-modulation guidance with the CDPHE bonus benchmarks as revised October 2026, in its login-only Producer Portal, and Interchange 360 posted its Colorado Producer Eco-Modulation Guidance, which its page lists as last updated October 1, 2026 (CAA page accessed October 4, 2026; Interchange 360 page accessed October 7, 2026)
Oct 14, 2026
Interchange 360 producer webinar on its Colorado eco-modulation guidance, 1:00 p.m. ET; its 5 percent PCR bonus applies from January 1, 2027 (Interchange 360 webinar page; Interchange 360 Colorado Producer Eco-Modulation Guidance, October 2026)
Oct 21, 2026
Scheduling conference held in NAW v. Ryan; oral argument on the Auto Care Association's motion to intervene set for November 6, 2026 (ECF 25)
Oct 28, 2026
Producer Responsibility Advisory Board meets, 1:30 to 4:30 p.m.
Nov 6, 2026
Oral argument on the Auto Care Association's motion to intervene in NAW v. Ryan, 9:30 a.m. (ECF 25)
Nov 18, 2026
Producer Responsibility Advisory Board meets, 12:30 to 2:30 p.m.
Jan 2027
2027 dues invoiced, 50% in January and 50% in July 2027, based on CY2025 supply data (CAA 2027 Colorado Producer Dues Schedule, Oct 1, 2026; CAA Producer Report Planning table) Producer action
May 31, 2027
2026 Annual Supply Report expected, CY2026 data (CAA Reporting Policy V2.0 s.3.3 default date, unless CAA communicates otherwise; no 2027 table published yet) Producer action
Jan 31, 2028
Interchange 360 reviews Local End Use bonus claims on 2027 data; the bonus is 1 percent of dues per qualifying material (Interchange 360 Colorado Producer Eco-Modulation Guidance, October 2026) Producer action

Program notes

Base fees active January 2026, with some eco-modulation already in the 2026 and 2027 dues (e.g., the EPS malus in both years and a glass bonus in 2026). Colorado uses no LCA, and the eco-modulation factors and bonus timing are set out in the eco-modulation section. For reporting, CAA Colorado "proposes 61 material reporting categories for producer reporting ... which will be used to establish dues rates" (amended program plan s15.4, Table 33). Colorado's 61 reporting categories sit just below Oregon's 62 in CAA's 2027 Oregon schedule (60 in 2026) and well below California's 95, for the same packaging. PCR reporting: CAA's approved Colorado plan (s12.2) says "Individual producers will be required to report PCR content based on United States market territory average for each PCR reporting category", measured against program-wide targets with "no individual financial consequences for not meeting these targets"; Holland and Knight (July 7, 2026) reports Colorado required PCR data in the 2026 reporting round. What documentation CAA's portal guidance asks for is not publicly available and is unknown. Interchange 360, the separate CDPHE-approved program for automotive lubricant and petroleum product packaging, sets its own dues: a base of $0.56 per gallon for all products, sizes, and formats since April 1, 2025, changing on January 1, 2027 to material-based base rates of $0.76 to $1.88 per gallon (Interchange 360 dues change notice, October 2, 2026), and every producer pays back to July 1, 2024, when planning dues began, whatever its join date. Producers report monthly, quarterly, or annually, within 30 days after each reporting period closes, and pay within 60 days. Registration was due July 1, 2025; a producer that has not registered and has no individual program plan of its own is out of compliance but can still register. Interchange 360’s Colorado Producer Eco-Modulation Guidance (October 2026) sets its factors for the 2027 data year: a 5 percent reduction in base dues for each packaging material category that averages at least 25 percent post-consumer recycled content generated in North America, starting January 1, 2027, plus the CDPHE bonuses of 1 percent for Local End Use, for an approved case study (from July 1, 2027), and for on-package sorting instructions (from January 1, 2029). Producers claim the active bonuses through Interchange 360 and renew them by January 31 each year. Interchange 360’s Colorado eco-modulation page, accessed October 7, 2026, says there are currently no penalties (maluses), and neither that page nor the October 2026 guidance gives a start date for them. Interchange 360’s webinar page, accessed October 7, 2026, listed a producer webinar for October 14, 2026.

Packaging for petroleum and petroleum-related products up to and including 15 gallons goes to Interchange 360. Its list names engine oil, coolants, diesel exhaust fluid, hydraulic and transmission fluid, grease, fuel system cleaners, solvents, and agricultural spray oil, and it also takes products that are not petroleum-based but are mainly for automotive use. Car-care products such as car wax, glass cleaner, and upholstery shampoo are outside its program. All other covered packaging, including covered containers above 15 gallons, goes to CAA, whose approved plan covers everything Interchange 360 does not manage. Since May 11, 2026, Interchange 360 has also taken the secondary and tertiary packaging that ships with its members’ products; its letter to CDPHE does not say whether CDPHE treated this as a plan amendment. Interchange 360 waives dues of $100 a year or less (Interchange 360 Applicable Products List, May 2026; product guide, August 2025; individual program plan, August 26, 2025; letter to CDPHE, May 11, 2026).

Covered products scope

Consumer-facing packaging including plastics, glass, metals, paper/paperboard, and composite materials. Also includes paper products such as catalogs, directories, and magazines; print publications of news and current events are excluded (C.R.S. 25-17-703(13)(b)(XIII)).

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)Out of scopeAutomatic by law
<1 ton/year of covered materials sold or distributed in or into the state OR under the Producer Exemption Dollar Limit, $5,779,297 as of July 1, 2026 (either qualifies; CPI-adjusted by the Solid and Hazardous Waste Commission each July 1 to the Denver CPI, stated in 6 CCR 1007-2 Part 1 s1.8.2, effective July 15, 2026; the prior figure was $5,632,843 and is superseded, so a filing measured on it should be re-checked). The revenue test is “realized gross total GLOBAL revenue, not including on-premises alcohol sales” in the July 15, 2026 rule text, which added the word global that the prior version did not carry, the same carve-out Washington carries. A winery or brewery with a tasting room tests its revenue without its on-premises alcohol sales. Colorado states no unit for the ton: the statute and 6 CCR 1007-2 Part 1 Sec. 18.2.3(B) both read “less than one ton” while the same regulation writes “dry short tons” elsewhere.
CRS 25-17-713(1)(a) and (b); 6 CCR 1007-2 Part 1 Sec. 1.8.2
Government and nonprofitEntity-side reliefAutomatic by law
The state or a local government at (1)(c) and a nonprofit organization at (1)(d) are exempt producers outright, with no revenue or tonnage test attached.
CRS 25-17-713(1)(c) and (d)
Paper and wood-fiber millsNo provision
No mill exclusion. Only Minnesota and Maryland carve out mills, and they carve out the same two categories.
CRS 25-17-713(1)(a) to (g)
Restaurant and single-location retailEntity-side reliefAutomatic by law
An individual business operating a retail food establishment that is located at a physical business location and licensed under CRS 25-4-1607(1)(a) or Denver Code sections 32-106.5(1) to (5). 6 CCR 1007-2 Part 1 s18.2.3(F) adds that this includes an establishment serving food in individual portions for immediate on- or off-premises consumption, and that a franchisee which is an individual business at a physical location qualifies. The Colorado test is keyed to the food license, while Oregon's ORS 459A.863(32)(f) is keyed to selling food intended for immediate consumption and excludes producers of food serviceware. Colorado has no general exemption for a single retail sales establishment like Oregon's 459A.863(32)(g).
CRS 25-17-713(1)(f)
Beverage manufacturer volume testNo provision
No raised volume threshold for beverage manufacturers. Oregon is the only state of the seven with one, and the ordinary de minimis test applies here instead.
CRS 25-17-713(1)
Alcohol licenseeNo provision
No alcohol licensee exclusion. There is alcohol-specific relief in this state, but it is part of the de minimis revenue test rather than its own exemption: on-premises alcohol sales are excluded from the revenue figure, so a winery, brewery, or distillery with a tasting room tests its revenue without its on-premises alcohol sales. See the de minimis row.
CRS 25-17-713(1)
B2B and transport packagingConditionalAutomatic by law
(25)(b)(I) excludes packaging materials used solely in transportation or distribution to nonconsumers, and (II) excludes packaging materials used solely in business-to-business transactions where a covered material is not intended to be distributed to the end consumer. (13)(b)(VI) excludes packaging material used exclusively in industrial or manufacturing processes. A consumer is any person who purchases or receives covered materials in the state and is located at a covered entity, which includes residences and the nonresidential locations identified in the final plan (CRS 25-17-703(10) and (12)). The statute does not say whether "solely" applies to each unit or to a packaging type as a whole. CAA's Colorado guidance treats transport packaging shipped to a retailer as exempt business-to-business material and treats packaging used to ship to a consumer as covered. A corrugated shipper used both for retail distribution and for direct-to-consumer e-commerce is likely to be covered at least for the units shipped to consumers.
CRS 25-17-703(25)(b)(I) and (II); (13)(b)(VI)
Hazardous or flammable (OSHA HazCom)No provision
No hazard-based exclusion exists. The list runs 15 subsections and names no OSHA, DOT, or RCRA carve-out. CAA's 2026 Colorado dues schedule prices "Plastic Packaging - Hazardous or Special Products" at 52.0 c/lb, against 48.0 c/lb for HDPE and LDPE flexible and film items, which is evidence that the PRO treats this packaging as covered. On the same schedule, aluminum and steel aerosol containers are 14.0 c/lb and pressurized cylinders are 37.0 c/lb on their own metal lines.
CRS 25-17-703(13)(b)(I) to (XV)
DOT dangerous goodsNo provision
No DOT-based exclusion.
CRS 25-17-703(13)(b)(I) to (XV)
Refillable LPG and pressurized containersNo provision
No LPG or pressurized-container exclusion. Oregon, Minnesota, Maryland, and Washington all exempt refillable LPG containers expressly; Colorado does not. Non-aerosol pressurized cylinders are priced at 37.0 c/lb on the 2026 dues schedule and are Not Collected in Colorado.
CRS 25-17-703(13)(b)(I) to (XV)
Pesticides (FIFRA)Out of scopeAutomatic by law
Packaging material used to contain a product regulated under FIFRA, with no material limit and no agency determination. The statute does not say whether "used to contain" reaches secondary packaging, and CDPHE reads the same phrase in (VII) to cover only immediate packaging. The exclusion reaches more products than Oregon's, where the statute excludes such packaging only when federal regulation requires a do-not-recycle label (ORS 459A.863(6)(b)(Q)) and the rule adds restricted-use pesticides sold to licensed commercial applicators and certain agricultural containers (OAR 340-090-0840(2)(d)). Packaging for a product that state law requires to be sold in Poison Prevention Packaging Act packaging is separately excluded at (XI).
CRS 25-17-703(13)(b)(IX)
Beverage containers and deposit programsConditionalAutomatic by law
The exclusion reads “BEVERAGE CONTAINERS SUBJECT TO A RETURNABLE CONTAINER DEPOSIT, IF APPLICABLE”. The Atlas has found no Colorado returnable-container deposit statute; if none exists, nothing currently qualifies. On that reading, a glass wine bottle, a beer can, and a soda bottle are all covered materials in Colorado today. If Colorado ever enacts a deposit, this subsection turns on by its own terms with no further rulemaking.
CRS 25-17-703(13)(b)(V)
Medical, drug, and deviceOut of scopeAutomatic by law
(VII) products regulated as a drug, medical device, or dietary supplement by the FDA, plus equipment and materials used to manufacture them. (VIII) animal biologics under the federal Virus-Serum-Toxin Act: vaccines, bacterins, antisera, diagnostic kits. (XIV) infant formula, medical food, and fortified nutritional supplements. Note (VII) reaches medical devices expressly, so the older Atlas caution that Colorado had no human medical device exemption was too narrow. CDPHE treats only the package that directly holds the product as exempt. Its FAQ (updated August 2026) reads (VII)'s “used to contain” as the immediate packaging and says secondary or grouped packaging, including boxes or cartons and film or wrap used to protect, handle, bundle, sell in bulk, brand, or display the product, is not exempt. The statute and 6 CCR 1007-2 Part 1 s18.3.2 do not state that limit themselves, but on CDPHE's reading the shelf carton around an exempt drug, device, or supplement is covered in Colorado, as it is in Maryland, whose rule exempts only primary packaging.
CRS 25-17-703(13)(b)(VII), (VIII), (XIV); CDPHE Producer Responsibility Program FAQ, updated August 2026
AgriculturalEntity-side reliefAutomatic by lawNot yet determinable
No agricultural exclusion on the material side; the relief is entity-side and it exempts the producer. CRS 25-17-713(1)(e) reaches an agricultural employer as defined in CRS 8-3-104(1), regardless of where located, with less than $5M in realized gross total revenue in Colorado from consumer sales of agricultural products sold "UNDER THE BRAND NAME OF THE FARMER, EGG PRODUCER, GROWER, OR INDIVIDUAL GROWER COOPERATIVE". CRS 8-3-104(1)(a), in the codified text and in the SB21-087 signed act, sets a broad test. An agricultural employer is a person that (I) regularly engages one or more employees or contracts with a labor recruiter or furnisher, and (II) "IS ENGAGED IN ANY SERVICE OR ACTIVITY INCLUDED IN" FLSA 29 U.S.C. 203(f) OR is engaged in "agricultural labor" under IRC 26 U.S.C. 3121(g). Element (II) is disjunctive across two federal definitions and asks only whether the person carries on a qualifying activity at all, not whether agriculture is its main business, so a producer that owns and farms acreage is engaged in primary agriculture under 203(f) and satisfies it. The narrowing is in CRS 25-17-713(1)(e), where the brand must be the farmer's or grower's rather than a processor's and the revenue test is Colorado revenue only. CRS 8-3-104(1)(b) commands liberal construction "FOR THE PROTECTION OF PERSONS PROVIDING SERVICES TO AN EMPLOYER", but that is a worker-protective canon inside a labor statute, not a general instruction to read the term generously, so it is unlikely to support a producer seeking a wider fee exemption. Still unresolved and not answered by 8-3-104: whether a manufactured product is an "agricultural product" for 25-17-713(1)(e). Washington's agricultural test is not parallel to Colorado's (added 2026-09-21). Colorado uses the defined term "agricultural employer" in the first half of that sentence and then declines to use it in the brand limb, naming four grower-side capacities instead, with manufacturer and processor absent. Washington keeps the defined term throughout, so its brand limb does not narrow the exemption for a farming manufacturer selling under its own brand, while Colorado's brand limb limits the qualifying revenue to sales under a grower-side brand.
CRS 25-17-713(1)(e) with CRS 8-3-104(1)(a), 29 U.S.C. 203(f) and 26 U.S.C. 3121(g); 6 CCR 1007-2 Pt 1 s. 18.2.3(E)
Paint stewardship containersOut of scopeAutomatic by law
Packaging containing architectural paint covered under a paint stewardship program under Part 4 of Article 17. Unconditional, unlike Maine, which requires the stewardship organization to demonstrate a recycling rate first.
CRS 25-17-703(13)(b)(X)
Long-term storage, five yearsOut of scopeAutomatic by law
Packaging intended for the long-term storage or protection of a durable product and intended to transport, protect, or store it for at least five years. Unconditional. California and Maryland attach an agency determination to their equivalents; Colorado does not.
CRS 25-17-703(13)(b)(I)
Commercial recycling routeNo provision
No commercial-recycling-route or high-recycling-rate exit. California at (e)(2)(H) and Washington at 102(19)(p) both have one; Colorado does not.
CRS 25-17-703(13)(b)(I) to (XV)
Construction and contractorsEntity-side reliefAutomatic by law
ENTITY-SIDE, and it is broader than the Atlas previously said. CRS 25-17-713(1) exempts the producer outright: “A PRODUCER IS EXEMPT FROM THE REQUIREMENTS OF THIS PART 7 IF THE PRODUCER IS: ... (g) A BUILDER, A CONSTRUCTION COMPANY, OR CONSTRUCTION CONTRACTORS.” There is no B2B condition and no revenue or tonnage test attached to this ground. CORRECTED 2026-09-09: this entry previously described the relief as a material exclusion and attached a business-to-business condition. Neither is in the statute, and CRS 25-17-703(13)(b), (I) to (XV), contains no construction provision.
CRS 25-17-713(1)(g)
Agency catch-allConditionalAgency determination
Any other material the commission determines by rule not to be a covered material, based on an organization analysis of operational and financial impacts and after consultation with the advisory board. Nothing is removed under this today. The producer-side exemptions at 25-17-713(1) also include (c) the state or a local government, (d) a nonprofit organization, and (f) an individual business operating a licensed retail food establishment at a physical location.
CRS 25-17-703(13)(b)(XV)
Colorado's material-side list is narrower than Oregon's, and its exits are split across two very different places. CRS 25-17-703(13)(b) and (25)(b) decide whether the material is covered. CRS 25-17-713(1) exempts the producer outright and carries seven separate grounds, several of which have nothing to do with size. Producers of human medical device packaging should confirm scope directly with CDPHE or CAA.

Responsible producer

Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers for items sold at a physical retail location: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that manufactures and 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 in or into the state (RCW 70A.208.020(29)(a)(i); Md. Envir. 9-2501(p)(1)(i) and COMAR 26.04.14.02B(25)(b); Minn. Stat. 115A.1441 subd. 26(a)(1); 38 MRSA 2146(1)(O)(1)). 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 in the state that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee in the state, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w); 14 CCR 18980.1.1(a)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in three states. Colorado's rule reaches the brand owner first only where it directs or performs the manufacturing of the packaging (6 CCR 1007-2 Part 1, s18.2.2(A)(1)). 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)). Washington, Maryland, Minnesota, and Maine make the franchisor the producer where it has franchisees with a commercial presence in the state, and Colorado's rule does so where it has franchisees that operate in Colorado (RCW 70A.208.020(29)(a)(vi)(B); COMAR 26.04.14.02B(25)(g); Minn. Stat. 115A.1441 subd. 26(a)(6)(ii); 38 MRSA 2146(1)(O); 6 CCR 1007-2 Part 1 s18.2.2).

CO: Colorado's statute (C.R.S. 25-17-703(30)(a)) defines the producer in three tiers: the manufacturer selling under its own brand or an unbranded product, then the brand or trademark licensee where someone other than the brand owner manufactures, then the importer. CDPHE's rule 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. The rule defines brand owner to include the person directing the manufacturing, including setting specifications for a product's packaging (s18.1). 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 they are best captured at design time. CAA collects these attributes through one Producer Portal account, with a separate Producer Report for each state where the producer has signed a State Addendum, and state-specific rules still apply. Retain supporting records for 5 years, the period 6 CCR 1007-2 Part 1 s18.1.5(A) sets for the documents and records the department needs to determine compliance.

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 improvements feed Colorado's Local End Use bonus, which needs the material to be on the Minimum Recyclable List or a recyclables list identified through an alternative collection program, to use on average at least 20% postconsumer-recycled content generated in the United States, and to be used by an end market business in Colorado (6 CCR 1007-2 Part 1 Sec. 18.9.2(B)). No separate packaging PCR mandate.

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

Colorado restricts intentionally added PFAS in certain products including food packaging (HB 22-1345, phased). Colorado 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 Colorado among the states without legislation (read 2026-09-24).

Sources: Colorado HB 22-1345 (PFAS, phased); Toxics in Packaging Clearinghouse state map (Colorado: 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: 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. Section 1.8.2, the producer exemption dollar limit, was amended in the rule version effective July 15, 2026 to state the July 1, 2026 figure of $5,779,297. 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, and Colorado is the second U.S. state, after Oregon, to charge fees under an approved program plan. Colorado's separate lubricant-packaging program, LPMA, run by Interchange 360, charges producer dues that run from July 1, 2024, when its planning dues began, whatever a producer’s join date. 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 one ton per year of covered materials into Colorado (C.R.S. 25-17-713(1)(b) and 6 CCR 1007-2 Part 1 s18.2.3(B) say "one ton" with no unit) OR under the Producer Exemption Dollar Limit. Either condition alone grants full exemption. That limit is $5,779,297 in realized gross total global revenue, not including on-premises alcohol sales, as of July 1, 2026, stated in 6 CCR 1007-2 Part 1 s1.8.2 in the rule version effective July 15, 2026; the superseded July 1, 2025 figure was $5,632,843. The statutory base is $5 million under HB 22-1355, and the Solid and Hazardous Waste Commission adjusts it by rule to the Denver-Aurora-Lakewood CPI each July 1 (C.R.S. 25-17-713(2)), so check the current rule text each July.
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 in the adopted rule: on-package sorting instructions (from January 1, 2029), Local End Use (the material is on the Minimum Recyclable List or a recyclables list identified through an alternative collection program, 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). The rule requires the PRO to apply them to invoices no later than January 31, 2028 and each January 31 after, unless a bonus sets its own start date, and CAA's 2027 dues schedule says its updated guidance covers these benchmarks. The four active incentives in CAA's 2026 schedule are CAA's own plan incentives, separate from these bonuses. The rule does not settle whether there is an overall cap, since 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; CAA 2026 Colorado Producer Dues Schedule, October 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 four active bonuses set in rule at 1% each for on-package sorting instructions, local end use, compostability, and a case study (6 CCR 1007-2 Part 1 s18.9.2), and the same section required CAA's guidance on claiming them by October 1, 2026; CAA lists that guidance as revised October 2026, in its login-only Producer Portal. Colorado also applies passive maluses automatically from supply data, by material category: +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.