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Updates / Oregon

Oregon proposes new fee exemptions and producer rules. Comments close October 30.

Oregon's Department of Environmental Quality (DEQ) has proposed a third round of rules under the Recycling Modernization Act. They would exempt some packaging from fees, clarify who the obligated producer is, and change the program calendar to avoid a 2027 fee spike.

Producer DeskOctober 10, 2026Oregon

What changed

On September 21, 2026, Oregon DEQ published a notice of proposed rulemaking for the Recycling Modernization Act, the third set of rule changes since the program began. Public hearings are on October 20 at 10 a.m. and October 21 at 6 p.m., both online, and written comments close at 4 p.m. on October 30, 2026. DEQ plans to take the rules to the Environmental Quality Commission for adoption in January or February 2027.1

Three parts matter for producers:

  • New fee exemptions. Leased reusable plastic containers, garbage bags not marketed for recycling, and certain labels would no longer carry fees. An exemption for meat-packaging film would run until 2032.
  • Producer definitions. The rules would define “consumer” and “remote sale or distribution,” and set out how one producer can take over another's fee obligation. DEQ expects the overall financial effect to be neutral, but says costs could shift between producers.
  • The program calendar. DEQ would shift program dates to spread out expected spending on the recycling system. DEQ says this avoids a spike in producer fees in 2027.

What it means for a mid-size brand

The exemptions are the easy part: if any of your packaging falls into those categories, it comes off your reported pounds once the rules take effect. The producer-definition changes are the part to read closely. If you sell through distributors, or buy from a brand owner outside Oregon, the obligation could move between you and your trading partner, and the new rules on transferring obligations will set how that must be documented.

DEQ is taking public comments until 4 p.m. Pacific on October 30, by email, by mail, or at the online hearings on October 20 and 21. If the new definitions affect you, that's the time to say so. Once the rules are adopted, the next chance to change them is the next rulemaking.

We've updated the Oregon guide to reflect this.

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Sources

  1. Oregon DEQ, Recycling Modernization Act updates 2026 rulemaking. oregon.gov/deq

General information, not legal advice. This note summarizes a public document as we read it on the date above. Check the source before you act on it.