Circular Action Alliance July 1 Producer Registration Deadline Quickly Approaching For California, Colorado, and Oregon Plastics and Packaging EPR Laws

Circular Action Alliance (CAA) has set a voluntary July 1 producer registration deadline applicable to packaging Extended Producer Responsibility (EPR) laws in California, Colorado and Oregon.  CAA is the producer responsibility organization (PRO) selected for California and Colorado and the only PRO to submit a program plan in Oregon. A PRO is the non-governmental organization responsible for implementing EPR laws. In addition to registering producers, the PRO’s duties include the development of strategies to meet source reduction and recycling goals, as well as the collection of fees from participating producers to fund obligations under the EPR laws.  

As further explained below, product manufacturers and even potential brand owners and retailers should evaluate whether they are a “producer” under these EPR laws and whether or not to register with CAA before CAA’s July 1 deadline. Each of the states’ EPR laws eventually prohibit the sale of products that use covered material if a producer is not registered and participating in the PRO.

Deadlines and Registration Obligations

California’s EPR law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (also known as SB 54), requires “producers” of covered materials to form and join a PRO by January 1, 2024. CAA was only approved by California on January 8, 2024, which prevented producers from meeting the January 1 registration deadline.  

While not identical, packaging EPR laws in Colorado and Oregon have similar scopes and requirements, including the requirement that producers join a PRO. But the deadline to join a PRO in Colorado and Oregon – currently – is July 1, 2025.  

Proposed regulations in all three states would have the effect of creating earlier registration deadlines: October 2024, March 31, 2025, and April 2025, Colorado, Oregon, and California, respectively.

CAA has set a producer registration deadline of July 1, 2024. CAA has been very transparent; it is pushing early registration to allow CAA the opportunity to gather essential producer data that is necessary to set accurate fees. However, absent further legislation and/or rulemaking, CAA likely does not have the authority to set an enforceable July 1 deadline.  

However, registration with CAA by the July 1 deadline will fulfill a producer’s general obligation to join a PRO for purposes of complying with EPR laws and will provide registered producers access to CAA educational materials and reporting guidance. In particular, registration now will likely help registered producers get a handle on the data reporting obligations to CAA, which are likely to be significant and could be of a material value to many producers.

What Should Your Company Be Doing Now

Product manufacturers, brand owners, and retailers (particularly retailers with their own private label products) whose products include single-use packaging and single-use foodware — covered materials — should evaluate whether or not they are a producer.  And if a company potentially qualifies as a producer, it should assess whether there is an applicable exemption or if a pursuing an independent plan makes sense.

Additionally: 

• Companies that potentially qualify as producers should examine their supplier agreements and talk with trade partners to confirm the appropriate entity to register as a producer.
• Companies may be well served to evaluate the materials associated with their covered products.  Both California and Oregon have released reports on materials recycled and compostable in the states, as well as how easily certain materials are incorporated into a recycling program.  Fee setting under the various EPR laws will involve many factors, including a packaging’s recyclability.  

What’s Required for Registration

CAA’s registration process is straightforward and only requires an entity to identify the company’s legal name, the state(s) in which the entity considers itself a “producer,” and the primary contact on behalf of the entity. If an entity previously registered with CAA’s working group, it is still required to register as a producer.

CAA will make follow-up inquiries regarding a producer’s covered products as it builds out its programs. Companies that register as producers should expect that CAA will require a producer to enter into a “participant agreement” that memorializes the producer’s obligations to the PRO as it provides certain protections, e.g. data confidentiality. 

CAA’s registration FAQ page (and registration link) is here.

Please let us know if you have questions about these EPR laws and whether your organization must register as a producer. We would be happy to assist with this and answer any questions you may have. You can contact our Retail practice co-chairs, Alecia Cotton (acotton@rjo.com) and Alexis Morris (amorris@rjo.com), or Jon-Erik Magnus (jmagnus@rjo.com).