California EPR

What is California EPR packaging

California EPR packaging refers to the Extended Producer Responsibility system introduced by SB 54 (Plastic Pollution Prevention and Packaging Producer Responsibility Act).

The law requires companies placing packaging or certain single-use plastic products on the California market to finance and manage the recycling and disposal of their packaging waste.

The program aims to:

• Reduce plastic pollution
• Increase recycling rates
• Ensure packaging is recyclable or compostable
• Shift waste management costs from municipalities to producers

The system will be implemented through a Producer Responsibility Organization (PRO) approved by the state.

Does this apply to e-commerce & online sales

Yes. California EPR compliance for sellers applies to e-commerce and online sellers if packaging is used to ship products to consumers in California.

This includes:

• Online marketplaces
• Direct-to-consumer brands
• Cross-border sellers shipping into California

If packaging enters California through online sales, it may fall under the EPR rules.

Who is the "producer" under California EPR

Under SB 54, the producer is the company responsible for placing packaged products on the California market.

The producer may be:

1. The brand owner whose name appears on the product
2. The importer if the brand owner is outside the US
3. The distributor or retailer if no brand owner exists
4. The online marketplace in some marketplace-seller scenarios

Only one entity must take responsibility for the packaging.

Who must register for EPR packaging in California

 EPR registration is required for producers that sell or distribute covered packaging or plastic products in California.

This may include:

• Manufacturers
• Importers
• Brand owners
• Online sellers
• Marketplace operators

Companies must participate in an approved Producer Responsibility Organization (PRO) rather than registering directly with the government.

California EPR packaging registration threshold

For EPR Packaging thresholds certain small producers may qualify for exemptions.

Typical exemptions may apply if a producer:

• Generates less than $1 million in annual revenue, or
• Places very small volumes of packaging on the market.

Final thresholds and eligibility are defined in the implementing regulations.

Packaging covered (and excluded)

Covered packaging

California EPR applies to:

• Primary packaging
• Secondary packaging
• E-commerce shipping packaging
• Plastic food service ware
• Single-use plastic items

Examples:

• Plastic containers
• Cardboard shipping boxes
• Flexible packaging
• Plastic wraps and films

Excluded packaging

Some packaging may be excluded, including:

• Medical packaging
• Packaging regulated by federal law
• Certain hazardous materials packaging

Producer Responsibility Organization (PRO)

A Producer Responsibility Organization (PRO) manages the system on behalf of producers.

The PRO is responsible for:

• Collecting producer fees
• Managing recycling programs
• Reporting compliance to California regulators
• Meeting recycling and reduction targets

Producers must join a PRO to comply with the law.

EPR registration in California

Producers do not register individually with the state.

Instead, they must EPR Register:

1. Join an approved PRO
2. Provide packaging data
3. Pay EPR eco-fees

The PRO then manages compliance reporting to the state.

Authorized representative

California EPR currently does not explicitly require an authorized representative for foreign companies, but producers outside the US may need a US entity responsible for compliance.

Many companies appoint a compliance partner or US subsidiary.

What data must be reported

Producers must EPR report packaging data including:

• Material type (plastic, paper, metal, glass)
• Packaging weight
• Packaging format
• Quantity placed on the California market
• Recyclability or compostability status

This data is used to calculate EPR eco-fees.

You can estimate potential packaging compliance costs with Lappa’s EPR fee calculator based on material type, packaging weight and market.

First reporting period

The first official reporting periods will begin after the PRO plan is approved and the system becomes operational.

Early preparation and data collection are strongly recommended.

EPR reporting deadlines

Key milestones include:

• Producer registration with PRO
• Annual packaging data reporting
• Eco-fee payments

Exact deadlines will depend on the implementation timeline approved by California regulators.

Labels & marketing claims

California does not have a single mandatory recycling logo for packaging. Instead, the state relies on a combination of voluntary industry labeling programs and strict legal requirements under SB 343 (Truth in Labeling) and AB 1201, which together set some of the toughest rules on recyclability and compostability claims in the United States.

An example of what a label looks like on packaging for California

This packaging shows two labels commonly found on products sold in California. The How2Recycle label on the plastic cup — a chasing arrows symbol inside a bordered square with the material identification "Plastic Cup" and the instruction "Empty & Replace Lid" — communicates the specific disposal steps and recyclability status of the packaging component. The cardboard box carries a How2Recycle multi-material label identifying three separate packaging components — Paper Box, Coated Paper, and Wrapper — each with its own recycling guidance directing consumers to how2recycle.info.

📎 Download the How2Recycle symbols:

• PNG – best for digital use.
• SVG  - ideal for printing and scaling.

EPR eco fees & eco-modulation

Producers will pay eco-fees based on the amount and type of packaging placed on the market.

Fees may vary depending on:

• Material recyclability
• Environmental impact
• Use of recycled content
• Packaging weight

This system is known as eco-modulation.

Risks, penalties & common mistakes

Non-compliance may lead to:

• Administrative penalties
• Product restrictions
• Legal enforcement actions

Common mistakes include:

• Not identifying the correct producer
• Missing reporting obligations
• Incorrect packaging data
• Misleading recycling claims

For registration, reporting and ongoing compliance service costs, see Lappa’s EPR pricing page.

What e-commerce sellers should do now

Online sellers shipping to California should:

• Identify whether they qualify as a producer
• Map packaging materials used in shipments
• Track packaging volumes entering California
• Monitor PRO registration requirements
• Review environmental marketing claims

Preparing early will help avoid compliance risks once the system becomes operational.

FAQ

• Is California EPR already active

The system is currently being implemented and will roll out in phases.

• Does this apply to Amazon sellers

Yes, if they ship products to consumers in California.

• Do foreign companies need to comply

Yes, if they place packaging on the California market.