What Oregon’s Packaging EPR Law Means for Your Brand Right Now
Oregon’s packaging fee law has been billing brands since July 2025, and plenty of the brands it covers still haven’t heard of it. If you sell beer, wine, spirits, or packaged goods into Oregon, this post is for you.
Many small craft brands turn out to be exempt from Oregon’s packaging fee law. The exemptions are narrower than they sound, though. Wine and spirits brands based outside Oregon tend to be the most surprised by what they owe.

Status as of October 2026: A federal judge upheld Oregon’s law on August 27, 2026. The wholesalers’ group that sued has appealed to the Ninth Circuit. On October 16, it also asked the court to pause the ruling while the appeal runs. As of this writing, the law is in force and fees are being collected.
⚞ The Quick Version:
- Fees have been owed since July 1, 2025. Oregon’s program is already running.
- The brand owner pays, even with a co-packer. Your label printer and distributor don’t register for you.
- You’re exempt if you meet any one test, such as under $5 million in worldwide revenue or under 1 metric ton of packaging sold into Oregon. Beverage makers in Oregon’s deposit program get a 5-metric-ton limit.
- Deposit cans and bottles are out. Carriers, cases, shipping boxes, and glass wine and spirits bottles are in.
- 2027 rates drop sharply, partly from a one-time return of reserves. Don’t budget on them staying this low.
Where Oregon’s Packaging EPR Law Stands in October 2026
Oregon’s law is the Plastic Pollution and Recycling Modernization Act, passed in 2021 as SB 582. The headlines about a “new” Oregon packaging law were really about a court ruling. No bill passed in 2025 or 2026 changed the fees or the exemptions.
The court fight started in July 2025, when the National Association of Wholesaler-Distributors sued the state. In February 2026, a federal judge dismissed most of the group’s claims but temporarily blocked enforcement against its members (and only its members). After a five-day trial in July, Judge Michael Simon upheld the law in full on August 27 and lifted that protection (Oregon DEQ).
The group appealed to the Ninth Circuit in late September (Packaging Dive). Its opening brief is due December 17, so an appeals decision is unlikely before mid-2027. On October 16, it asked the trial court to pause the ruling during the appeal. If the court agrees, the group’s members would be shielded again.
Fees kept running through all of this. Oregon producers have owed them since July 1, 2025. The next round of invoices goes out in January 2027.
How Oregon’s Packaging Fee Program Works, and Who Circular Action Alliance Is
EPR stands for extended producer responsibility. It’s a way of saying that brands who put packaging on the market help pay to collect and recycle it. In Oregon, that money pays for recycling collection and processing across the state, including new service in communities that didn’t have it.

Brands pay Circular Action Alliance, a nonprofit group of producers that Oregon approved to run the program. If you got an email or letter from them, it’s legitimate. The same organization runs the programs in California, Colorado, Maryland, and Minnesota, so brands selling into several of those states deal with one group.
Each year, you report how many pounds of each packaging material you sold into Oregon. Circular Action Alliance then bills you a set rate per pound for each material. Materials that are easy to recycle in Oregon get lower rates. Materials that aren’t on Oregon’s recycling lists get higher ones.
Good to know: recyclable packaging still counts. Oregon DEQ says recyclable, compostable, and reusable packaging are all within the scope of the law (DEQ exemptions FAQ). Recyclability affects the rate you pay per pound.
Who Counts as the “Producer” Under Oregon’s Packaging Law
Oregon calls the business that owes fees the producer. For packaging sold in stores, that’s almost always the brand owner. Your company’s location doesn’t matter. What matters is whether your products are sold in or into Oregon (ORS 459A.866).
Here’s how that works in common setups:
- You make and package your own product. You’re the producer.
- A co-packer makes it for you. Oregon’s rules treat whoever sets the packaging specs as the manufacturer. In most co-packer arrangements, that’s you.
- You ship directly to consumers. Your product packaging works the same way. The shipping box belongs to whoever packs and ships it, so a winery that runs its own direct-to-consumer shipping owns those boxes too.
- A distributor or retailer sells your brand. They generally aren’t the producer for your products. A store with its own private-label line is the producer for that line.
- Your packaging suppliers, label printer included. We make parts of your package. We don’t register or report for your brand.
Some brand owners assume a supplier or distributor has this handled. Oregon puts it on the brand name on the package.
Are Beer, Cider, Wine, and Spirits Covered by Oregon’s EPR Law?
Beverage brands get a partial pass, and the line follows Oregon’s Bottle Bill, the 10-cent deposit program. Containers in the Bottle Bill are excluded from the packaging fees, along with the caps that seal them. Everything around them still counts.
| What you’re selling | In Oregon’s Bottle Bill? | Counts toward packaging fees? |
|---|---|---|
| Beer, cider, hard seltzer, kombucha, soda, or water in cans or bottles | Yes | No (container and cap) |
| Wine in cans | Yes, since 2025 | No |
| Wine in glass bottles | No | Yes |
| Spirits bottles | No | Yes |
| Can carriers, six-pack carriers, case boxes, trays, shrink wrap, shipping boxes | Not applicable | Yes |
For breweries, that usually means the cans are out while the carriers, cases, and shipping boxes are in. Many small breweries end up exempt anyway, because Bottle Bill beverage makers get a higher weight limit.

Wine and spirits brands are in a different spot. Only canned wine is in the Bottle Bill, so glass wine bottles and spirits bottles count as packaging. Out-of-state wineries and distilleries are the brands most likely to be caught off guard. A 2024 bill to exempt glass wine bottles didn’t pass.
Glass is getting some relief. The 2027 rate for glass is $0.00 per pound, down from a base fee of $0.10 per pound in 2026. Starting July 1, 2027, Oregon is also changing how it collects glass, a change designed to cut glass base fees by at least 40%.
Who Is Exempt From Oregon’s Packaging Fees
Oregon calls exempt businesses small producers. You qualify if any one of these is true (ORS 459A.863):
- Your business had less than $5 million in gross revenue in its most recent fiscal year.
- You sold less than 1 metric ton (about 2,205 pounds) of packaging into Oregon last calendar year.
- You make a beverage sold in Bottle Bill containers, and you sold less than 5 metric tons (about 11,023 pounds) of packaging into Oregon, counting carriers, cases, and shipping boxes.
- You’re a nonprofit.
- You run a single retail store with no online sales, and you aren’t part of a chain or franchise.
You only need to meet one. Some summaries online describe the revenue and weight tests as if you need both, but the statute says “or.”
The revenue test uses worldwide gross revenue, not Oregon sales. It also adds up the whole business across related companies (DEQ exemptions FAQ). For a brewery with a taproom, that includes draft, food, merchandise, and event sales. The Oregon Brewers Guild has pushed back on the threshold for exactly that reason.
To picture the weight tests, say your shipping cases weigh about a pound each. A metric ton is roughly 2,200 of those cases’ worth of cardboard, before you count carriers or trays.
The exemption is automatic, with no application. Small producers don’t have to register or report in Oregon, unlike California, where they apply every year. Keep records showing which test you meet. If you’re close to a threshold, DEQ suggests registering and reporting anyway, since fees only apply in years you go over.
How Much Oregon’s Packaging EPR Fees Cost in 2027
Circular Action Alliance published Oregon’s 2027 fee schedule on October 1, 2026 (fee schedule PDF). Your fee is the pounds of each material you sold into Oregon, multiplied by that material’s rate. Here are the 2027 rates for the materials beverage and packaged-goods brands use most.
| Material | 2027 rate per pound |
|---|---|
| Glass bottles and jars | $0.00 |
| Aluminum containers | -$0.09 |
| Steel containers | $0.04 |
| Corrugated cardboard (cases, shipping boxes) | $0.02 |
| Paperboard (folding cartons, paperboard carriers) | $0.05 |
| PET bottles and jars, clear | $0.19 |
| PET bottles and jars, colored | $0.53 |
| HDPE package handles and lids | $0.13 |
| PE plastic film (most shrink and stretch wrap) | $0.12 |
| PP plastic film | $0.56 |
| Plastic laminates and pouches | $0.56 |
The 2027 schedule includes a negative aluminum rate. Producers should consult CAA guidance regarding how any resulting credits are applied.
If you sell 10 metric tons or less into Oregon, you can choose a flat fee instead of paying by material:
| Packaging sold into Oregon | 2027 flat fee |
|---|---|
| 1 to 2.5 metric tons | $700 |
| 2.5 to 5 metric tons | $1,300 |
| 5 to 7.5 metric tons | $2,200 |
| 7.5 to 10 metric tons | $3,100 |
2027 fees are billed in two halves, in January and July.
Keep in mind: 2027 rates are lower partly because Circular Action Alliance is returning about $80 million in reserves through reduced rates. That’s a one-time move, so 2028 rates could rise even if nothing else changes. Rates reset every year. Each year’s fees are based on what you sold two years earlier, so 2027 fees use your 2025 numbers.
How Labels and Other Packaging Parts Count in Your Oregon Report
Oregon’s fee schedule has no separate category for labels. A label that stays on the container is generally reported with it, under whichever material makes up most of the package’s weight. Parts that come apart, like a paperboard carrier or an outer box, are reported on their own by material. That’s based on Circular Action Alliance’s reporting guidance, which it shares in full once you sign up. Confirm with them how your specific package should be reported.
A label usually weighs very little next to the bottle, carrier, or box it’s on. Your fee moves more with bigger choices, like glass versus PET versus aluminum, paperboard carriers versus plastic film, or colored PET versus clear. A label change on its own won’t do much to your Oregon invoice.
Oregon also has no rule today on putting “recyclable” or the chasing arrows on your label. The 2021 law repealed Oregon’s old requirement to print plastic resin codes inside chasing arrows. A state task force recommended new labeling rules in 2022, and none were adopted. Federal rules (the FTC’s Green Guides) and general false-advertising laws still apply. If you also sell into California, our post on California’s packaging rules covers its recycling-claim law, plus how label choices affect whether a container actually gets recycled.
One labeling rule Oregon does have applies to Bottle Bill containers. They have to show their refund value, by embossing, stamping, or a label. That’s why so many beer and soda labels already carry the Oregon refund value.
Key Oregon Packaging EPR Dates for 2026 and 2027
| Date | What happens |
|---|---|
| Dec 17, 2026 | Wholesalers’ opening brief due at the Ninth Circuit |
| Jan 2027 | First half of 2027 fees invoiced |
| Early 2027 | Oregon’s Environmental Quality Commission expected to adopt its next round of program rules |
| May 31, 2027 | Report your 2026 Oregon sales by material (this sets your 2028 fees) |
| Jul 1, 2027 | Oregon’s glass collection change takes effect |
| Jul 2027 | Second half of 2027 fees invoiced |
| Fall 2027 | 2028 fee schedule expected |
What to Ask Your Label Printer Before You Report to Oregon
The obligation sits with you, but much of the information you need sits with your suppliers. Your label printer should be able to tell you:
- What each label or sleeve is made of, including the face material, adhesive, and any coating
- About how much each label weighs, or how much a thousand weigh
- Whether the label is meant to stay on the container or come off
- For shrink sleeves, which film it’s printed on (our shrink sleeve guide covers the common ones)
- What switching materials would do to your lead time and minimums
Ask your carrier, carton, and box suppliers the same questions. Their parts usually weigh more than your labels do.
Frequently Asked Questions About Oregon’s Packaging EPR Law
Is Circular Action Alliance legit?
Yes. Circular Action Alliance is the nonprofit producer group Oregon approved to run its packaging program, and it’s the only one approved in the state. Producers register with it, report their packaging to it, and pay their fees to it. It runs the programs in California, Colorado, Maryland, and Minnesota too.
Do small breweries have to pay Oregon’s packaging fees?
Many don’t. Beer cans and bottles in Oregon’s Bottle Bill are excluded. A beverage maker that sells less than 5 metric tons of other packaging into Oregon (carriers, cases, shipping boxes) is exempt, as is any business under $5 million in worldwide revenue. Revenue counts the whole business, including taproom and event sales.
Are wine and spirits bottles covered by Oregon’s EPR law?
Yes. Only canned wine is in Oregon’s Bottle Bill, so glass wine bottles and spirits bottles are covered. Glass is $0.00 per pound in the 2027 fee schedule. Small wineries and distilleries can still qualify for the exemption under the $5 million revenue or 1 metric ton tests.
Does the $5 million revenue test mean my Oregon sales?
It means worldwide gross revenue for your most recent fiscal year, added up across related companies. A brand with small Oregon sales but $6 million in total revenue would need to pass a different test, such as selling less than 1 metric ton of packaging into Oregon.
If I’m exempt, does my distributor or supplier pay instead?
No. Oregon DEQ says packaging from an exempt small producer is “orphaned,” which means no one pays fees on it.
Is Oregon’s packaging EPR law still being challenged in court?
Yes. A federal judge upheld the law on August 27, 2026, and the National Association of Wholesaler-Distributors appealed to the Ninth Circuit in September. The law stays in force while the appeal runs. On October 16, the group also asked the court to pause the ruling for its members, and that request was still pending as of late October 2026.
What happens if I don’t register with Circular Action Alliance?
If you’re required to register and don’t, Oregon treats it as a serious violation, with penalties of up to $25,000 per day. The state can also ask a court to stop sales of your products in Oregon. Circular Action Alliance is required to publish a list of producers that aren’t in compliance. If you think you should have registered, talk to your lawyer or accountant soon.
What to Do Next About Oregon’s Packaging Fees
Start by working through your Oregon numbers:
- List what you sold into Oregon last year, including what your distributors sold there and anything you shipped direct.
- Check whether you meet one of the exemption tests above. If you’re exempt, write down which test you meet and keep the numbers.
- If you’re not exempt, check whether you’re registered with Circular Action Alliance. If you aren’t, call your lawyer or accountant this week.
- Start gathering packaging weights by material, part by part, before the May 31 report.
We’re a label printer, not a law firm, so nothing here is legal advice. We can tell you exactly what your labels are made of and help you find materials that fit what you need. If you’re pulling together packaging details for an Oregon report, we’re happy to help.
Last reviewed: October 2026. The court case and fee rates can change. Check Oregon DEQ’s producer page for current status before making decisions.













