Producer Desk Free obligation check
Menu
How it worksFor importersGuidesAboutFree obligation check

Guides / Explainer

Oregon's non-compliance list, explained

In April 2026, Oregon became the first state to publicly name 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 2, 20263-minute read

The short answer

Oregon publishes a quarterly producer status list naming producers that haven't complied with its packaging EPR law. A company ends up on the list after it has been flagged by the PRO, warned, and given time to fix the problem, and hasn't. The first list, dated April 9, 2026, named about 250 producers.1,2,3

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 report producers that fail to pay or report to DEQ, which follows up with them.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, 2026.4
  • The producer status list, issued with DEQ, naming producers that were warned and haven't complied. Many are companies that never joined the PRO at all.2

Both matter. Retailers, distributors and customers can check whether a supplier is on the compliant registry, and its absence can raise questions on its own.

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 a producer has failed to pay fees or provide data 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.5
  • 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.6
  • 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.7,8 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 for every period you owe.
  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.9
  • Put your reasoning in writing, with the rule you rely on, and send it to CAA and DEQ.

Not sure where you stand?

Tell us about your products and where you sell. We'll reply in writing with the states where you're obligated, the rule that puts you there, and the deadline. Free, and no call required.

Get a free obligation check
ExplainerAre you the producer?State guideOregonExplainerHow EPR fees are calculated

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. Circular Action Alliance, Oregon searchable registry of producer members, Q3 2026. PDF
  5. ORS 459.995 (civil penalties). oregon.public.law
  6. ORS 459A.962 (DEQ enforcement). oregon.public.law
  7. Oregon DEQ, “Oregon recycling law upheld as constitutional,” Aug. 28, 2026. oregon.gov
  8. MDM, “Oregon EPR fight moves to appeals court,” September 2026. mdm.com
  9. ORS 459A.863 (definitions, covered products, exclusions, small producer). oregon.public.law

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.