Are You Ready to Report Your Packaging Data Next Month?

In recent months, there have been significant developments related to packaging extended producer responsibility (EPR) laws. As discussed in previous Holland & Knight EPR-related alerts, seven states – California Colorado, Maine, Maryland, Minnesota, Oregon and Washington – have enacted comprehensive EPR laws for packaging and paper products. (See Holland & Knight's previous alerts, "The Latest Pandora's Box: What You Need to Know Now About State EPR Laws," January 22, 2026; "Washington State Enacts EPR Program for Packaging and Paper Products," May 21, 2025; and "Are You Tracking Your Packaging Data Yet?" October 17, 2024.)

Designation of Circular Action Alliance as a Producer Responsibility Organization

EPR laws require that each state designate a Producer Responsibility Organization (PRO) or Stewardship Organization (SO) to be responsible for administering state EPR requirements. Since Washington's recent PRO designation, the Circular Action Alliance (CAA) is now an approved PRO in six of the seven states with enacted EPR laws, with the exception of Maine.

The widespread reliance on a single, multistate PRO reflects an effort to promote consistency for regulated producers. However, material differences among state laws remain, particularly with respect to covered materials, reporting timelines, fee methodologies and ongoing compliance obligations. These distinctions continue to present compliance challenges for companies operating on a national or multistate basis.

CAA Portal Activity and Recent Program Updates

Over the past several weeks, CAA has made multiple updates to its website and producer portal, including the release of new guidance documents and updated reporting workbooks.

Key developments include the following:

• Producer registration is now open for six of the seven states. Most recently, producer registration for Maryland opened on March 31, 2026. Producers must complete registration, including execution of the state-specific addenda, before submitting any required reports.
• In addition to 2025 supply data reporting for California, Colorado and Oregon, CAA has recently added simplified 2025 supply data reporting for Minnesota, Maryland and Washington, all due on May 31. Some states also have additional state-specific reporting due in 2026.
• CAA has issued or revised extensive guidance and reporting tools, monthly newsletters, ongoing webinars and open sessions addressing reporting mechanics and program administration.

Reporting Deadlines and State-Specific Variations

CAA has indicated that the six states it currently administers have reporting deadlines tied to May 31, 2026; however, the scope and substance of reporting obligations vary by state.

California, Colorado and Oregon require full reporting of 2025 supply data. In contrast, Minnesota, Maryland and Washington are subject to a more limited reporting approach that CAA has described as "simplified reporting." According to CAA's guidance, simplified reporting involves reporting the quantities of packaging introduced into the state using broader material categories than what is required for full reporting.

In addition to supply data reporting, California and Oregon have additional state-specific reporting due by May 31. California producers must also submit a baseline report using 2023 data and an annual source reduction plan. Oregon producers can voluntarily submit information regarding life cycle assessment-based, eco-modulation bonuses (Bonus A, B and C).

California also requires the submission of Individual Source Reduction (ISR) plans. Though the ISR plan submission deadline has not yet been finalized, CAA has indicated that the deadline will be no later than August 1, 2026.

Recent Issuance of and Updates to CAA Guidance and Workbooks

CAA recently issued or revised more than 20 guidance materials, including state-specific reporting workbooks, state definitions, and guidance on reporting categories and eco-modulation bonuses. Most, if not all, of these documents are accessible only through CAA's producer portal, meaning that access is limited to registered producers with portal access.

CAA also issues newsletters on an approximately monthly basis that can assist producers with keeping track of the latest CAA updates and is offering a series of webinars and open sessions in advance of the May 31 reporting deadline.

State Updates

Despite the materials CAA has made available, it is important to recognize that CAA is not a legal entity and that state environmental agencies ultimately make enforcement decisions regarding EPR laws. Therefore, it is just as important for producers to stay current with the latest updates from the state agencies responsible for enforcing their respective EPR programs to mitigate the risk of noncompliance and enforcement as these programs evolve.

Like CAA, state agencies hold webinars, meetings and issue guidance documents. The agencies also update their regulations, engage in needs assessments, update covered materials lists, review and approve PRO plans, and undertake other implementation activities.

For example, final EPR regulations in California are forthcoming, Maryland recently issued proposed EPR regulations, and Washington anticipates issuing proposed EPR regulations in 2027. Additionally, Colorado, Maine and Oregon are currently working on amendments to their EPR regulations, and Minnesota has contracted a third party to complete the state's needs assessment. Each of these regulatory actions impacts the state's EPR framework and associated producer obligations and, to the extent state processes allow for public comment, presents opportunities for industry to get involved in the formulation and refinement of these programs. Moreover, ongoing EPR litigation in Oregon could impact the Oregon EPR program and other states’ EPR programs depending on the outcome.

Conclusion

With multiple state packaging EPR programs entering their initial reporting phase, May 31, 2026, represents a critical compliance milestone for many producers. In advance of this deadline, companies should confirm the applicability of EPR requirements to their operations, check registration status, ensure data readiness, work with manufacturers and vendors to gather information, and evaluate applicable reporting obligations on a state‑by‑state and material-by-material basis.

Producers should also continue to carefully monitor guidance, portal updates and communications issued by the state regulatory agencies and CAA. Attention to state agencies, CAA and legislative developments is essential for managing compliance risk during this early implementation period and preparing for future program requirements in the seven states with enacted packaging EPR laws and states that may adopt similar packaging EPR programs in the future.

Holland & Knight is closely monitoring activities by state regulators and CAA, as well as proposed EPR legislation, and regularly advises clients navigating this evolving legal landscape. For additional guidance on state packaging EPR obligations, reporting strategies or compliance planning, please contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.