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Minnesota packaging EPR

Minnesota's Packaging Waste and Cost Reduction Act requires producers to belong to a producer responsibility organization (PRO) now, with fees and full obligations starting in 2029. It also sets a 2032 design requirement and some of the highest penalties of any state.

Producer DeskLast reviewed October 9, 20263-minute readStarting up

At a glance

Status
Start-up. PRO membership required since July 1, 2025. Full program from 2029.1
Law
Minn. Stat. §§115A.144–115A.1463 (2024).
PRO
Circular Action Alliance.
What's covered
Packaging, including food packaging, and paper products.
Small-producer exemption
Under $2M global gross revenue, or under 1 ton.
Next milestone
Needs assessment due December 31, 2026.
Penalties
Up to $25,000 per day, rising to $100,000 for repeat violations.

Who's covered

Minnesota covers packaging, including food packaging, and paper products. The law calls these covered materials.2 The producer is identified in this order:2

  • The manufacturer, if the product is sold under its own brand or carries no brand.
  • The licensee, a company licensed to make and sell the product under someone else's brand.
  • The brand owner.
  • The US importer of record, if none of the above is in the United States.
  • The first distributor into the state.

For online sales, shipping packaging belongs to “the person that packages the item to be shipped to the consumer.” Franchisors are the producer when they have franchisees in Minnesota. Responsibility can be assigned to another company by mutually signed agreement, if that company joins a registered PRO and the PRO receives written certification.2 See Are you the producer?

Exemptions

A de minimis producer is exempt: one that introduced under 1 ton of covered materials in its most recent fiscal year, or had global gross revenue under $2 million.2 Government entities and 501(c)(3) and (c)(4) organizations are also excluded.

Exempt materials include packaging for infant formula, medical food and fortified nutritional supplements; FDA-regulated drugs, medical devices and medical equipment; animal drugs; FIFRA-regulated pesticides; products regulated as hazardous under federal workplace safety rules; refillable propane containers; paint covered by the paint stewardship program; and business-to-business packaging that never reaches consumers. Newspapers, and magazines with under 95,000 circulation, are also exempt.2

What you have to do, and when

Minnesota is in its start-up phase. Producers must already belong to a PRO, but full reporting and fees come later.1 Circular Action Alliance (CAA) is the registered PRO.3

DateMilestone
July 1, 2025Producers must be members of a registered PRO
May 31, 2026CAA's deadline for producers' simplified 2025 data report
July 1, 2026PRO registers with the state, including producer brand lists
December 31, 2026First statewide needs assessment due
July 1, 2028State publishes lists of recyclable and compostable materials
October 1, 2028PRO stewardship plan due
January 1, 2029No covered materials sold without an agreement under an approved plan
February 1, 2029PRO reimburses at least 50% of service provider costs (75% in 2030, 90% in 2031)
January 1, 2032Covered materials must be reusable, refillable, recyclable or compostable (extensions possible to 2040)

Sources: Minn. Stat. §§115A.1448, .1450, .1453, .1455; CAA Minnesota.1,3,4,5

What it will cost

Fees haven't been set. The statute requires them to be eco-modulated, meaning adjusted up or down based on packaging design. The incentives include reducing toxic substances. Reusable packaging is charged once, when it enters the market.6 The PRO must reimburse local recycling providers for a rising share of their costs from 2029.4

The state hasn't set performance targets yet either. In 2026, the Minnesota Pollution Control Agency (MPCA) presented draft ranges, including a recycling rate of 50–55% within five years and 55–65% within ten, and reuse of 6–14% within ten years. These are proposals, not requirements.7,8

Enforcement

Minnesota has some of the highest penalties of any state:9

ViolationPenalty
FirstUp to $25,000 per day
SecondUp to $50,000 per day
Third or laterUp to $100,000 per day

The higher amounts apply to repeat violations within five years after a stewardship plan is approved.9

What's changing

  • Needs assessment. This is the state's study of the current recycling system and what it needs. The draft is open for public comment until November 13, 2026. It will set the baseline for targets and costs.10
  • Rules. MPCA began rulemaking in 2026, but no proposed rule had been published as of our review date.11

What to do now

  1. Confirm your CAA membership. It has been required since July 2025.
  2. Check the de minimis tests using global revenue.
  3. Review your packaging against the 2032 design requirement. Extensions are possible, but anything that won't be reusable, recyclable or compostable needs a plan.1
  4. Comment on the needs assessment by November 13, 2026, if your industry has specific concerns.

Not sure where you stand?

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Sources

  1. Minn. Stat. §115A.1448 (producer requirements). revisor.mn.gov
  2. Minn. Stat. §115A.1441 (definitions). revisor.mn.gov
  3. Circular Action Alliance, Minnesota. circularactionalliance.org
  4. Minn. Stat. §115A.1455 (reimbursement of service providers). revisor.mn.gov
  5. Minn. Stat. §115A.1453 (exemptions; recyclable and compostable lists). revisor.mn.gov
  6. Minn. Stat. §115A.1454 (producer fees). revisor.mn.gov
  7. MPCA, needs assessment information session slides (draft target ranges). PDF
  8. Minn. Stat. §115A.1451 (performance targets). revisor.mn.gov
  9. Minn. Stat. §115A.1462 (enforcement and penalties). revisor.mn.gov
  10. MPCA, 2026 needs assessment public comment. comment.pca.state.mn.us
  11. Minnesota Pollution Control Agency, Packaging Waste and Cost Reduction Act. pca.state.mn.us

What changed

  • October 9, 2026 Corrected exemption wording and reviewed against sources.
  • October 5, 2026 Reviewed source by source.
  • 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.