Colorado EPR

Extended producer responsibility for packaging in United States of America - Colorado

Colorado has adopted a packaging EPR framework called the Producer Responsibility Program for Statewide Recycling (often referred to as Colorado’s “Producer Responsibility Program”). It requires obligated producers of packaging material supplied in/into Colorado to participate in the program (typically via a Producer Responsibility Organization, or PRO) and fund recycling collection, transportation, and processing services statewide. This is a key part of United States of America packaging recycling policy and a flagship example of EPR packaging United States of America in practice. The environmental authority overseeing the program is Colorado Department of Public Health and Environment (CDPHE) EPR.

Does this apply to e-commerce & online sales?

Yes. E-commerce sellers are covered if they:

• Sell packaged goods into Colorado
• Ship directly to Colorado consumers
• Import goods into the U.S. and sell into Colorado

Marketplace sales are included. Responsibility depends on who qualifies as the “producer” under the hierarchy rules.

Who is the 'producer' under Colorado EPR

Colorado uses a producer hierarchy. Generally, the producer is:

1. The brand owner of the product sold under its brand
2. If no brand owner is in the U.S. → the importer
3. If no importer → the distributor or retailer
4. For private label → the brand owner of the private label

For service packaging (e.g., shipping materials), the entity that supplies the packaging to the consumer is typically responsible.

Who must register for EPR packaging in Colorado

All producers of covered packaging and paper products that sell into Colorado must:

• Register with the approved PRO (Circular Action Alliance – CAA)
• Submit annual data reports
• Pay eco-modulated fees

Producers may submit an individual compliance plan instead of joining the PRO, but this is rare.

Colorado EPR packaging registration threshold

A producer is exempt if:

• Global gross revenue is under $5 million, OR
• The producer supplies less than 1 ton of covered materials annually into Colorado

If either threshold is exceeded, registration is required.

Packaging covered (and excluded)

Covered materials include:

• Paper and cardboard packaging
• Plastic packaging (rigid and flexible)
• Glass packaging
• Metal packaging
• Food service ware
• Printed paper (catalogs, newspapers, office paper)

Exclusions include:

• Beverage containers covered by deposit programs
• Packaging for certain medical or drug products
• Industrial packaging not typically disposed of by households
• Certain hazardous materials packaging

Producer Responsibility Organization (PRO)

Circular Action Alliance (CAA) is the approved PRO in Colorado. It manages producer registration, fee collection, recycling funding, program planning, and performance reporting.

EPR registration in Colorado

Producers must:

1. Create an account in the CAA portal
2. Register their company
3. Submit packaging data
4. Pay required fees

Failure to register can result in enforcement and potential restrictions on selling into Colorado.

Authorized representative

Colorado does not require a mandatory in-state authorized representative.  However, companies without a U.S. presence may rely on an importer or responsible U.S. entity under the producer hierarchy.

What data must be reported

Producers must report:

• Total weight of packaging and paper supplied into Colorado
• Breakdown by material type (plastic, glass, metal, paper, etc.)
• Format categories (rigid, flexible, etc.)
• Potential recyclability classifications

Data is typically reported annually for the previous calendar year.

First reporting period

Initial registration occurred in 2024. The first full supply data reporting covers packaging supplied in 2024, with reporting due in 2025.

EPR reporting deadlines

Key milestones:

• Registration deadline: October 1, 2024 (initial phase)
• First annual reporting deadline: July 31, 2025
• Fee payments begin as program implementation starts in 2026

Ongoing reporting is annual.

Labels & marketing claims

Colorado does not have a mandatory recycling logo for packaging. However, the state has introduced specific labeling requirements for compostable products under SB 23-253 (Compostable Product Labeling Act), in force since July 1, 2024, making it one of the few states with legally binding rules on compostability claims.

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

This packaging shows a BPI Compostable label commonly found on food service products sold in Colorado. The mark — a green square logo with a leaf symbol and the text "BPI Compostable" — indicates that the product is certified compostable to ASTM D6400 or ASTM D6868 standards by the Biodegradable Products Institute. The accompanying notice "Commercially Compostable Only. Facilities May Not Exist In Your Area" clarifies that the product requires industrial composting conditions and may not be accepted by all local programs.

📎 Download the BPI Compostable symbol:

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

EPR eco fees & eco-modulation

Colorado uses eco-modulated fees. Fees are based on:

• Material type
• Recyclability
• Recycling system costs
• Environmental impact factors

Hard-to-recycle materials will carry higher fees. More recyclable packaging will benefit from lower fees. Exact fee schedules are published by the PRO.

Risks, penalties & common mistakes

Risks:

• Administrative penalties for failure to register
• Daily fines for non-compliance
• Potential prohibition from selling into Colorado

Common mistakes:

• Assuming marketplace platforms handle compliance automatically
• Ignoring service packaging (e-commerce shipping materials)
• Underestimating packaging weights
• Missing reporting deadlines

What e-commerce sellers should do now

• Determine if you qualify as the “producer.”
• Assess revenue and tonnage thresholds.
• Register with CAA (if required).
• Begin collecting packaging weight data by material type.
• Review packaging design for future eco-fee impact.

FAQ

Does Colorado EPR apply to small Etsy sellers

• Only if revenue exceeds $5M OR packaging exceeds 1 ton annually into Colorado.

Does it cover shipping boxes

• Yes, if supplied to Colorado consumers.

Are retailers automatically responsible

• Only if they fall into the producer hierarchy.

When do fees actually start?

• Full operational funding begins as the program rolls out in 2026.