Packaging rule · United States · EPR
Colorado Producer Responsibility Program for Statewide Recycling (HB22-1355)
Extended producer responsibility (EPR) rule covering plastic, paper and board, metal, glass in Colorado, United States, set by Colorado General Assembly / CDPHE. In force.
The rule
Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.
- Jurisdiction
- United States · Colorado
- Authority
- Colorado General Assembly / CDPHE
- Rule type
- EPR
- Materials
- Plastic, Paper and board, Metal, Glass
- Status
- In force Enacted
- Adopted or published
- 3 June 2022
From the source“Producers must pay producer responsibility dues on 'covered materials' to the program in January 2026”
Official source CDPHE: Producer Responsibility ProgramOfficial (government or regulator) · consulted 14 October 2026
Key dates
Adopted or published 4 years and 4 months ago
Source consulted by the SPI team today
Re-checked by a second SPI team member today
What it means
SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.
SPI summary
Producers of packaging and paper products must participate in the program run by Circular Action Alliance, whose plan was approved in December 2025. Producers had to pay dues on covered materials from January 2026, and since July 2025 non-participating producers may not sell covered products in Colorado.
In practice
Colorado's Producer Responsibility Program for Statewide Recycling is live: companies selling packaging and paper products in Colorado fund a statewide recycling system through Circular Action Alliance (CAA). Since July 2025 a non-participating producer may not sell or distribute products using covered materials in Colorado, and dues are payable from January 2026 and each year thereafter. CDPHE says CAA must begin implementing its approved plan by summer 2026.
Where the record is unclear
- The exact day dues became payable in January 2026 is not stated by CDPHE.
- The current small producer dollar threshold is not stated, and CDPHE is proposing to change it.
- CDPHE gives December 2025 for approval of CAA's plan but no exact day.
Where it sits in the tracker
- One of 13 packaging rules we track in the United States, of which 7 are EPR rules.
- In all, 25 EPR rules are tracked across 15 jurisdictions. Compare them below
Company profiles that map to this rule
Companies whose SPI profile lists this rule in its regulatory exposure, based on where they report selling. Not company-reported.
Overview
HB22-1355 added Part 7 to Article 17 of Title 25, sections 25-17-701 to 25-17-716 of the Colorado Revised Statutes3. The Governor signed it on 3 June 2022 and it took effect on 10 August 2022 as Chapter 3372. The Act asks a single producer-run nonprofit to finance a statewide recycling system for residences, public places, small businesses, schools, hospitality locations and government buildings, funded through annual producer dues2.
The plan must reimburse 100% of service providers' net recycling costs and include a minimum recyclable list and convenience standards2. It must also set collection, recycling and post-consumer recycled content targets for paper, glass, metal and plastic, to be met by 1 January 2030 and 1 January 2035 (section 25-17-705)3. The first plan covers residential entities, with expansion to nonresidential entities from no later than 20282.
The sequence ran as the Act set it. The advisory board first met in January 2023, CDPHE appointed Circular Action Alliance in May 2023, and in March 2024 the Joint Budget Committee chose the medium needs-assessment scenario1. In November 2025 the Solid and Hazardous Waste Commission adopted Section 18 amendments with producer eco-modulation (Section 18.9) and dues eco-modulation factors (Section 18.2.7), and CDPHE's executive director approved the programme plan in December 20251.
Who must do what
Producer (manufacturer under own brand, licensee, or brand owner of paper products)
- Since 1 July 2025, do not sell or distribute products using covered materials in Colorado unless participating in the programme or an approved alternative plan (section 25-17-708)3.
- Pay annual dues under the plan's funding mechanism, payable from January 2026 and each year after13.
- Report the data the programme needs; prorated national data may be used where state data is unavailable or impractical3.
- Keep records available for inspection by the executive director, and do not charge consumers point-of-sale or point-of-collection fees to recover compliance costs3.
Importer
- Carry the producer duty where no manufacturer or licensee is in the United States (section 25-17-703(30))3.
Packer or shipper of internet sales
- For internet sales, the person who packs or ships to the consumer is a producer, together with whoever made the product's primary, direct-contact packaging (section 25-17-703(30))3.
First distributor into Colorado
- Act as producer for any other covered material not assigned elsewhere in the definition3.
Circular Action Alliance (the designated nonprofit)
Are you in scope?
Work through each question. The answers are the SPI team's reading of the sources cited.
Did your business have under $5 million in gross revenue last year, excluding on-premises alcohol sales?
- If yes
- Section 25-17-713 exempts you; the Commission adjusts the figure each year using the Denver-area consumer price index3.
- If no
- Check the tonnage test and the producer definition.
Did you use less than one ton of covered materials for products sold in Colorado last year?
- If yes
- You are exempt under section 25-17-7133.
- If no
- Participation and dues apply.
Are you the state, a local government, a nonprofit, a builder or contractor, or a licensed retail food business of the type the Act lists?
- If yes
- Section 25-17-713 lists these as exempt3.
- If no
- Apply the revenue and tonnage tests.
Do your products include certain automotive lubricant packaging?
- If yes
- Interchange 360 runs a separate individual programme for it, approved in September 2025 and started in March 20261.
- If no
- The Circular Action Alliance programme is the route.
Would you rather run your own system than join the programme?
- If yes
- Individual plans could be submitted from 1 January 2025, after notice of intent each 1 January from 2024 (section 25-17-705(8))3.
- If no
- Join the designated nonprofit's programme.
Compliance checklist
Confirm participation status
By Now (sales bar since 1 July 2025)SPI analysis of the official text. Not legal advice; confirm with the text or counsel. Check that each brand selling covered materials into Colorado is enrolled, or that a valid exemption under section 25-17-713 is documented3.
Evidence to keep Enrolment confirmation or exemption memo with revenue and tonnage figures.
Report covered material data
By Each reporting cycleWhere Colorado-specific data are missing, the Act allows prorated national data, so document the proration basis3.
Evidence to keep Data submission and method note.
Model dues under the eco-modulation rules
By Before each January paymentSection 18.2.7 dues factors and Section 18.9 producer eco-modulation, adopted in November 2025, shift dues by material design1.
Evidence to keep Dues forecast by material and design attribute.
Pay annual dues
By January each yearDues on covered materials became payable from January 2026 and recur annually1.
Evidence to keep Invoice and payment record.
Remove any consumer surcharge
By NowThe Act bars point-of-sale or point-of-collection fees that pass programme costs to consumers3.
Evidence to keep Pricing review confirming no line-item EPR charge.
Track the small producer rule change
By When CDPHE finalises itCDPHE met partners on 6 April 2026 about draft rules to adjust the small producer dollar threshold1.
Evidence to keep Dated review of the adopted threshold.
Enforcement and penalties
- Who enforces
- CDPHE executive director, with hearings before the Solid and Hazardous Waste Commission3
- Powers
- The executive director may inspect producer records and impose administrative penalties on the nonprofit, any additional PRO, plan administrators and producers (section 25-17-710)3.
- Enforcement so far
- No Colorado penalty decision under C.R.S. 25-17-710 is known to SPI as of 14 October 2026.
Penalties
| Breach | Penalty | Legal basis |
|---|---|---|
| First violation | $5,000 for the first day and $1,500 for each continuing day | C.R.S. 25-17-7103 |
| Second violation within 12 months of a prior violation | $10,000 for the first day and $3,000 for each continuing day | C.R.S. 25-17-7103 |
| Third or later violation within 12 months of two or more prior violations | $20,000 for the first day and $6,000 for each continuing day | C.R.S. 25-17-7103 |
A penalised party may request a hearing within 35 days, and the penalty is stayed until the Commission decides; the executive director carries the burden of proof on a preponderance of the evidence3. Penalty money goes to the recycling resources economic opportunity fund, and the Act creates no private right of action23.
How it fits with other rules
- Oregon Plastic Pollution and Recycling Modernization Act (SB 582) PR-US-002
Colorado's sales bar and Oregon's fee start fell on the same day, 1 July 2025, with the same PRO in both states36. Oregon's DEQ treats non-membership as a Class 1 violation worth up to $25,000 per day, against Colorado's statutory $5,000 first-day amount36. - Minnesota Packaging Waste and Cost Reduction Act PR-US-006
Minnesota also escalates penalties for repeat breaches, but from a higher base: up to $25,000, $50,000 and $100,000 per day for first, second and third violations within five years of plan approval4. Colorado's escalation window is 12 months3. - California SB 54 packaging EPR and permanent regulations PR-US-004
California's small producer exemption uses gross annual sales under $1 million5, well below Colorado's inflation-adjusted $5 million revenue test3. The same company can be exempt in Colorado and obligated in California. - Maine Stewardship Program for Packaging (EPR) PR-US-001
SPI analysis: Colorado shows the step Maine has not reached. Colorado designated its nonprofit by the statutory June 2023 date3, whereas Maine still has no stewardship organisation under contract in October 2026.
History of the rule
Governor signs HB22-13552.
Act takes effect as Chapter 3372.
Producer Responsibility Advisory Board holds its first meeting1.
CDPHE appoints Circular Action Alliance as the PRO1.
Joint Budget Committee adopts the medium needs-assessment scenario1.
Commission adopts Section 18 eco-modulation amendments1.
Executive director approves the programme plan1.
First annual dues on covered materials payable1.
Today
Latest start for extending the programme to nonresidential entities2.
Other nonprofits may seek designation as additional PROs3.
First target date for collection, recycling and recycled content rates3.
Questions
When did Colorado's packaging EPR law take effect?
Which companies are exempt in Colorado?
Section 25-17-713 exempts businesses with under $5 million in gross revenue, adjusted annually for inflation, and producers whose Colorado products used under one ton of covered materials. Governments, nonprofits and some food retailers are also exempt3.
How much are Colorado's EPR penalties?
Under C.R.S. 25-17-710 a first violation costs $5,000 for the first day and $1,500 for each further day. Repeat violations within 12 months rise to $10,000 and $20,000 for the first day3.
Can a producer add an EPR charge to the shelf price in Colorado?
What targets must Colorado's programme meet?
The plan sets minimum collection, recycling and post-consumer recycled content rates for paper, glass, metal and plastic. They are to be met by 1 January 2030 and 1 January 2035 under section 25-17-7053.
Definitions
- Producer
- Set out in section 25-17-703(30) as an order of priority: the brand-owning manufacturer first, a licensed maker next, an importer where neither is in the US; publishers for newspapers and magazines; packers and shippers for internet sales; and the first distributor into the state for anything else3.3
Sources for this analysis
- CDPHE: Producer Responsibility Program Regulator · Consulted 14 October 2026
- Colorado General Assembly: HB22-1355, Producer Responsibility Program for Recycling Official · Consulted 14 October 2026
- Colorado General Assembly: HB22-1355, signed act (C.R.S. 25-17-701 to 25-17-716) Official · Consulted 14 October 2026
- Minnesota Statutes: section 115A.1462, Enforcement Official · Consulted 14 October 2026
- CalRecycle: Extensions, Exemptions, and Exclusions Regulator · Consulted 14 October 2026
- Oregon DEQ: Producers of Covered Products Regulator · Consulted 14 October 2026
- Circular Action Alliance: Colorado Consulted 13 October 2026
Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.
Change history
Verified: a second SPI team member re-checked every fact above against the source on 14 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.
Verified by a second SPI team member
Changed: rate note
Verified by a second SPI team member
Added to the tracker
Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-US-003 and the source. Corrections are logged in this history.
EPR rules elsewhere
The same type of rule for the same materials in other jurisdictions, by the date it applies.
Ask the SPI team
Does this rule apply to your packs?
Tell us your products, materials and markets. An analyst maps the obligations, fees and deadlines that apply, with every source.
Prefer email? Write to sales@strategicpackaginginsights.com.
- Q1
Which packaging rules apply to us in each market we sell in?
We map each market's EPR, tax, ban, recycled-content, labelling and deposit rules against your materials and formats, and show which are in force, adopted or only proposed.
- Q2
What could EPR fees and plastic taxes cost us next year?
We apply published fee tables and tax rates to your tonnages and recycled content, and show the result as scenarios with every rate sourced.
- Q3
Can you tell us when a rule changes?
Yes. The free tracker alerts cover rule changes by country; a monitoring retainer adds monthly notes on what the changes mean for your portfolio.