Who actually counts as the producer under state EPR laws

Published 2026-09-15 · Producer Filing

Every state EPR law makes someone the producer, and the hierarchy is similar everywhere: the brand owner first, then the importer, then the retailer or marketplace facilitator.

If you sell packaged goods under your own brand into California, Colorado, Oregon, Minnesota, Maryland or Washington, assume it is you. Being small does not exempt you; thresholds are based on revenue or packaging tonnage, and most nine-figure DTC brands clear them easily.

The practical step is a one-page determination memo per state, backed by your sales data. We draft the data side as part of onboarding.