Colorado packaging EPR

Who's covered

Colorado's law covers packaging and paper products (flyers, catalogs, magazines and the like) that reach residents.³ The program starts with homes and expands to schools, public places and small businesses later in the decade.⁴

Colorado's rules identify the producer in this order:^2,3

• The brand owner that directs or performs the manufacturing.
• The licensee that directs the manufacturing.
• The manufacturer, if the product carries no brand.
• The US importer, if none of the above is in the United States.
• For online sales, there are two equally obligated producers: one for the product packaging and one for the shipping packaging (“the person that packages or ships the product to the consumer”).
• For service packaging added at the point of sale, such as takeout containers, the franchisor is responsible if it has franchisees in Colorado.

More on how these rules work in Are you the producer?

Exemptions

You're exempt if you had either:^5,6

• Realized gross revenue under the threshold, which is adjusted for inflation each July 1. It is $5,779,297 from July 1, 2026.
• Under 1 ton of covered materials sold or distributed into Colorado in the prior year.

Government entities, nonprofits and single-location retail food establishments are also exempt. Excluded materials include business-to-business packaging, packaging for durable products with a life of five years or more, FDA-regulated drug and device packaging, and architectural paint containers.^3,6

What you have to do

• Participate in the program. Since July 1, 2025, a producer may not sell or distribute products in covered materials in Colorado unless it participates in the PRO's program.¹ The PRO is Circular Action Alliance. A separate program run by Interchange 360 covers automotive lubricant packaging.⁷
• Report annually. Producers report the prior year's supply data to CAA. 2025 data was due at the end of May 2026.⁸
• Pay dues. Dues are invoiced in two halves, in January and July. 2026 dues are based on 2024 data, and 2027 dues on 2025 data.^9,10

CDPHE approved CAA's program plan in December 2025, dues began in January 2026, and the statewide program launched in June 2026.^10,11

What it costs

Dues are set per pound for each of about 60 material categories, based on the net cost of recycling that material.¹² CAA published the 2027 schedule on October 1, 2026:^9,13

Selected categories from CAA's 2026 and 2027 Colorado dues schedules.

Flat dues for small volumes

Producers supplying 10 short tons or less can pay a flat amount instead:^9,13

Eco-modulation

Colorado adjusts rates up and down based on recyclability:^2,9

• A 5% surcharge for design features that disrupt recycling.
• Materials not on the state's Minimum Recyclables List cost at least 20% more than comparable listed materials. In 2027, materials that aren't collected pay a further 10%.
• A 5% reduction for materials with high recycling rates.
• Optional bonuses for qualifying improvements.

For context, the program's 2026 budget was estimated at $215 million to $267 million.¹⁴ CAA says about 67 cents of every dollar goes to collection and 18 cents to processing.⁹

Enforcement

Penalties are set by statute and increase with repeat violations:¹⁵

Penalties are imposed by administrative order, and producers can request a hearing. The bigger practical risk is market access: producers that don't participate can't sell covered products in Colorado.¹

The law is being challenged. NAW filed a federal lawsuit in July 2026 on constitutional grounds, similar to its Oregon case, and a lubricants trade group sued in state court in March 2026. As of our review date, no court had blocked the program.¹⁶

What's changing

• Rates are rising. Most 2027 rates are higher than 2026, especially for film and flexible packaging.⁹
• Scope is expanding. The program reaches schools from 2028, then hospitality and small businesses by 2030.⁴
• Targets. The plan aims to raise the recycling rate to 41% by 2030 and 55% by 2035.⁴
• Appeals. A 2026 bill to create an appeals process for producer dues passed the Senate in May 2026 but did not become law.^17,18

What to do now

1. Check the exemption tests against the new inflation-adjusted revenue threshold.
2. If you sell online, confirm who is reporting the shipping packaging, since Colorado treats it as a separate obligation.
3. Budget for 2027 dues using the new rates. Flexible packaging rose the most.
4. Review your Minimum Recyclables List exposure. Materials not on the list carry a built-in premium.

Related guides

Sources

1. C.R.S. 25-17-708 (participation required to sell). colorado.public.law
2. 6 CCR 1007-2, Part 1, Section 18 (producer responsibility rules). law.cornell.edu
3. C.R.S. 25-17-703 (definitions). colorado.public.law
4. Circular Action Alliance, Colorado amended program plan (December 2025). PDF
5. C.R.S. 25-17-713 (exemptions). colorado.public.law
6. Colorado CDPHE, Producer responsibility FAQ. CDPHE FAQ
7. Colorado CDPHE, Extended producer responsibility program. cdphe.colorado.gov
8. Holland & Knight, “2026 EPR reporting lessons learned,” July 2026. hklaw.com
9. Circular Action Alliance, Colorado 2027 dues schedule (Oct. 1, 2026). circularactionalliance.org
10. Personal Care Products Council, Colorado EPR summary (May 2026). PDF
11. Circular Action Alliance, “Colorado program plan approved”. circularactionalliance.org
12. C.R.S. 25-17-705 (producer dues). colorado.public.law
13. Circular Action Alliance, Colorado 2026 dues schedule (Oct. 13, 2025). circularactionalliance.org
14. Colorado Sun, “Colorado recycling packaging fee expansion,” Dec. 18, 2025. coloradosun.com
15. C.R.S. 25-17-710 (penalties). colorado.public.law
16. Foley & Lardner, “Colorado EPR faces a second, broader constitutional challenge,” July 2026. foley.com
17. Colorado General Assembly, SB26-192. leg.colorado.gov
18. Sustainable Packaging Coalition, packaging policy news, Sept. 23, 2026. sustainablepackaging.org

What changed

• October 2, 2026 First published.

General information, not legal advice. This guide summarizes laws, rules and program documents as we read them on the review date above. These programs change often, and how a law applies depends on your products, contracts and facts. For a formal opinion, consult counsel. Producer Desk is not a law firm.