We are one month into 2026, and the landscape of packaging compliance has officially shifted from “planning” to “payment.”
For Food & Beverage leaders, Extended Producer Responsibility (EPR) is no longer a theoretical policy discussed in webinars. It is a live line item on your P&L.
If you distribute packaged goods into California, Colorado, Minnesota, or Oregon, the initial registration deadlines have already passed. If you are not currently registered with the Producer Responsibility Organization (PRO), your company is largely operating in a state of non-compliance.
Here is the reality check on where the industry stands as of February 2026—and the new deadlines approaching in May.
The Rearview Mirror: Deadlines You Should Have Met
According to the latest compliance frameworks, the following milestones are now active. If your team missed these, immediate corrective action is required to avoid penalties ranging from $5,000 to $50,000 per day.
- California (SB 54):
- Status: Active.
- The Miss: Producer registration was due Sept. 5, 2025. Annual reporting began Nov. 15, 2025. If you are selling in CA today without a PRO registration, you are exposed to enforcement actions from CalRecycle.
- Oregon (Recycling Modernization Act):
- Status: Active.
- The Miss: Data reporting for the 2024 calendar year was due March 31, 2025 (with a grace period to April 30). Program enforcement officially began July 1, 2025.
- The Risk: Non-compliance penalties can reach $25,000 per day, and the state DOJ has the authority to halt product sales.
- Colorado (HB 22-1355):
- Status: Payment Active.
- The Miss: Sales prohibitions on non-participating producers began July 2025.
- The Hit: As of Jan. 1, 2026, producer dues have officially started billing. You are now paying for the recycling of your packaging.
- Minnesota (Packaging Waste & Cost Reduction Act):
- Status: Active.
- The Miss: Registration was due July 1, 2025.
The Windshield: What’s Coming in Q2 2026
If you are compliant with the first wave, the focus now shifts to the Northeast and the Northwest.
- Maine (LD 1541) – Due May 2026
Maine was the first state to pass EPR, and its implementation is finally arriving.
- The Deadline: Producers must register with the Stewardship Organization (SO) by May 2026—just three months from now.
- The Risk: Maine’s fee structure is aggressive on “toxicity” and “readily recyclable” definitions. If your packaging contains intentionally added toxics (PFAS, etc.), expect a 10% fee surcharge.
- Washington (Recycling Reform Act) – Due July 2026
- The Deadline: Producers must join a PRO by July 1, 2026.
- The Risk: Washington requires meeting both revenue and tonnage thresholds for exemptions, meaning fewer companies will slide under the radar compared to other states.
The “Eco-Modulation” Reality
Now that Colorado dues (Jan. 1, 2026) are active, F&B manufacturers are seeing the real cost of Eco-Modulation.
We are seeing fees vary wildly based on material choices made years ago.
- The Penalty Box: Expanded polystyrene (foam) and multi-layer flexible pouches are incurring the highest fees.
- The Safe Zone: Clear PET, unbleached fiber, and high-PCR content rigids are seeing fee reductions.
What To Do Now
- Check Your CA/CO/OR Status: If you aren’t registered, do it today. The “grace periods” are evaporating.
- Audit for Maine: Review your SKUs sold in Maine. Do you have data on the “toxicity” of your inks and labels? You will need to report this in May.
- Calculate the Cost: If you haven’t modeled the Colorado dues hitting your books this quarter, call your finance team.
Need a Roadmap?
Navigating these active and upcoming laws is complex. Korpack’s engineering team can audit your material mix to determine your current fee liability.
