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Oregon's non-compliance list, explained

In April 2026, Oregon publicly named producers that hadn't complied with its packaging EPR law. Here is how the list works, what it means to be on it, and how to get off it.

Producer DeskLast reviewed October 11, 20263-minute read

The short answer

Oregon publishes a quarterly producer status list naming producers that haven't complied with its packaging EPR law. Before a company is listed, Circular Action Alliance (CAA), the producer responsibility organization (PRO), flags it to the Oregon Department of Environmental Quality (DEQ). DEQ then warns it and gives it time to fix the problem. Companies that still don't fix it are listed. The first list, dated April 9, 2026, named 304 producers; a second, dated September 4, 2026, named 198.1,2,3,4

What the list is

Under ORS 459A.869, the PRO must post, and update at least quarterly, a searchable registry of its compliant members and the identity of any members that aren't currently compliant. It must also notify DEQ when it has been unable to collect a member's fees for three months. The statute doesn't separately require DEQ's warning letters or its producer status list. They are how DEQ has chosen to enforce the law, based on those notices.1

So there are really two public lists:

  • The registry of compliant producers, published by Circular Action Alliance. The Q3 2026 edition is dated September 22, 2026.5
  • DEQ's producer status list, naming producers that were warned and haven't complied. They include companies that hadn't registered, reported or paid. Two have been issued so far: April 9, 2026 (304 producers) and September 4, 2026 (198), the second posted on CAA's Oregon page on September 29.2,3,4

Both matter. The registry is public: CAA posts it on its website, and anyone can search it.1,5

How a company ends up on it

The April 2026 list describes the steps that led to each listing:2

  1. Flagged by CAA. The PRO must notify DEQ when it has been unable to collect a producer's membership fees for three months.1
  2. 90 days' notice from CAA.
  3. A DEQ warning letter with an opportunity to correct within 30 days. For the first list, these went out on March 5, 2026.3
  4. Not corrected by the deadline.

In other words, nobody lands on the list by surprise. A company that is listed has usually received several notices.

What being listed means

  • It is public. Anyone can see it, including your retailers and competitors.
  • Penalties can follow: up to $25,000 per day per violation.6
  • Sales can be stopped. At DEQ's request, the Oregon Department of Justice can seek a court order to stop the sale of a non-compliant producer's products.7
  • Obligations continue. DEQ has said there is no basis for refunding fees and that the statutes requiring payment remain in effect.3

The law survived a federal constitutional challenge in August 2026; an appeal is pending, and a separate class action is still in progress.8,9,10 See the Oregon guide for details.

How to get off the list

DEQ hasn't published a formal removal procedure. In practice, the reasons for listing are failing to register, report or pay, so the path is to fix all three:

  1. Register with Circular Action Alliance and sign the producer agreement.
  2. Report your supply data (the packaging you sold into Oregon, by material and weight) for every reporting period you missed.
  3. Pay the invoiced fees.
  4. Confirm with CAA and DEQ that your status has been updated, and check the next quarterly list.
  5. Keep a record of the correspondence.

If you think you shouldn't be listed

Some listed companies may not be the obligated producer, or may qualify for an exemption. If that's you:

  • Work out who the producer is under Oregon's rules. A brand owner, licensee or importer may be responsible instead of you. See Are you the producer?
  • Check the small-producer tests: under $5 million in global gross revenue, or under 1 metric ton sold into Oregon.11,12
  • Put your reasoning in writing, with the rule you rely on, and have your counsel review it before you send it to CAA and DEQ.

Not sure where you stand?

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Sources

  1. ORS 459A.869 (PRO membership, registry, non-compliance notices). oregon.public.law
  2. Recycling Modernization Act Producer Status List, as of April 9, 2026. PDF
  3. Resource Recycling, “Oregon DEQ flags 250 producers for RMA noncompliance,” April 21, 2026. resource-recycling.com
  4. EPR Atlas, Oregon (2027 fee schedule summary; DEQ producer status lists of April 9 and September 4, 2026). epratlas.com
  5. Circular Action Alliance, Oregon searchable registry of producer members, Q3 2026. PDF
  6. ORS 459.995 (civil penalties). oregon.public.law
  7. ORS 459A.962 (DEQ enforcement). oregon.public.law
  8. Oregon DEQ, “Oregon recycling law upheld as constitutional,” Aug. 28, 2026. oregon.gov
  9. MDM, “Oregon EPR fight moves to appeals court,” September 2026. mdm.com
  10. Nelson Mullins, “Ninth Circuit to review constitutional challenge to Oregon's EPR law”. nelsonmullins.com
  11. ORS 459A.863 (definitions, covered products, exclusions, small producer). oregon.public.law
  12. Oregon DEQ, Recycling Modernization Act exemptions FAQ. PDF

What changed

  • October 11, 2026 What the list is: the registry is public and anyone can search it (ORS 459A.869(8)). Removed an unsourced statement about who checks it.
  • October 11, 2026 If you think you shouldn't be listed: have your counsel review your reasoning before you send it to CAA and DEQ.
  • October 9, 2026 Second review: Oregon producer status list counts and the September 4 list, California's reuse and source-reduction fee, Bonus A caps, and source links.
  • October 5, 2026 Corrected and updated after a source-by-source review, including the 2027 fee schedules published October 1, 2026.
  • 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.