Colorado vs Minnesota EPR: Rules Compared
Last verified
Colorado and Minnesota both run packaging EPR, but the rules differ. Minnesota exempts only producers below the lower revenue floor, $2,000,000 against $5,000,000 in Colorado. Both set the lowest weight exemption at 907.2 kg. Both require producers to register. Every figure below links to its primary source.
Colorado and Minnesota side by side
3 of 9 rows have a verified figure on each side of Colorado and Minnesota; a cell reads “not yet published” when a side has none, and an exemption row reads “none recorded; see thresholds” when no exemption is on record.
| Measure | Colorado | Minnesota | Stricter |
|---|---|---|---|
| Registration duty | Required | Required | Same |
| Producer organisation | more than one producer responsibility organisation | one producer responsibility organisation | Not comparable |
| Lowest revenue exemption | $5,000,000 | $2,000,000 | Minnesota |
| Lowest weight exemption | 907.2 kg | 907.2 kg | Same |
| First annual report date | not yet published | May 31 | Not comparable |
| Published penalties | 3 published | 1 published | Not comparable |
| Report file | csv | csv | Not comparable |
| Paper fee, cheapest matched rate | 9.0 cents per pound | not yet published | Not comparable |
| Plastic fee, cheapest matched rate | 62.0 cents per pound | not yet published | Not comparable |
The lowest revenue exemption is $5,000,000 in Colorado and $2,000,000 in Minnesota. Minnesota therefore reaches smaller sellers: a business with revenue between the two lines is exempt in Colorado but still in scope in Minnesota.
The lowest weight exemption is the same on both sides: 907.2 kg of packaging.
Both programmes require a producer to register, in Colorado and in Minnesota.
Who runs the programme in Colorado and Minnesota
Who collects and who the producer files with, in Colorado and then Minnesota.
| Aspect | Colorado | Minnesota |
|---|---|---|
| Regime | Colorado Producer Responsibility Program for Statewide Recycling Act, C.R.S. 25-17-701 et seq. (HB22-1355) | Minnesota packaging EPR law, Minnesota Statutes sections 115A.144 to 115A.1463 |
| Regulator | Colorado Department of Public Health and Environment (CDPHE), Solid Waste and Materials Management Program | Minnesota Pollution Control Agency |
| Producers obligated | Yes | Yes |
| Registration | Required, Circular Action Alliance producer portal | Required, Producer joins a PRO; the PRO registers with the MPCA |
| Producer organisation | more than one producer responsibility organisation: Circular Action Alliance, Interchange 360 (automotive lubricant packaging, individual programme); membership required | one producer responsibility organisation: Circular Action Alliance; membership required |
| Revenue counted as | realised gross total revenue, USD, prior calendar year | not yet published |
| Who counts as the producer | other: first distributor; primary: manufacturer or brand owner, brand licensee, importer; shipping: packer and shipper | primary: manufacturer, brand licensee, brand owner, importer |
The two programmes are organised differently. Colorado uses more than one producer responsibility organisation; Minnesota uses one producer responsibility organisation. For a seller in both, that usually means two different counterparties, two different sign-up routes and two different sets of terms to read before the first report is due.
What Colorado and Minnesota cover, side by side
Each row below is one published feature of the two programmes; a cell reads “not yet published” when Colorado or Minnesota has no verified entry for it in the dataset.
| Aspect | Colorado | Minnesota |
|---|---|---|
| Materials covered | packaging material, paper products, food serviceware | packaging, paper products |
| Product classes covered | packaging, paper, food serviceware | packaging, paper |
| Excluded from scope | packaging used solely in transportation to nonconsumers, packaging used solely in business to business sales | exempt materials |
| Sales channels addressed | physical retail, internet transaction | physical retail, remote sale, other distribution |
| Producer duty: primary packaging | manufacturer_brand_owner; licensee; importer | manufacturer; licensee; brand_owner; importer |
| Producer duty: shipping packaging | packer_shipper | not yet published |
| Producer duty: other packaging | first_distributor | not yet published |
| Reporting categories | 61, covered material type by material class | not yet published |
| Exemption 1 | Exempt from Part 7: revenue under the dollar limit, under one ton of covered materials, state or local government, nonprofit, an agricultural employer with under $5 million in-state consumer sales of its own-brand farm products, a single licensed retail food establishment at a physical location, and builders, construction companies and contractors. | A de minimis producer introduced under one ton or earned under $2,000,000 in global gross revenue in its most recent fiscal year. |
Thresholds and exemptions in Colorado and Minnesota
Every verified threshold Colorado and Minnesota publish, as each states it.
| Place | Measure | Amount | Effect | Basis as published |
|---|---|---|---|---|
| Colorado | revenue | $5,000,000 | exempt below | realized gross total revenue, prior calendar year, excluding on-premises alcohol sales |
| Colorado | packaging tonnage | 1 short ton | exempt below | covered materials used for products sold or distributed in or into Colorado, prior calendar year |
| Colorado | packaging tonnage | 10 short tons | flat-fee band | covered materials supplied into Colorado |
| Minnesota | packaging tonnage | 1 short ton | exempt below | covered material introduced, most recent fiscal year |
| Minnesota | revenue | $2,000,000 | exempt below | global gross revenue, most recent fiscal year |
Colorado exemption: Exempt from Part 7: revenue under the dollar limit, under one ton of covered materials, state or local government, nonprofit, an agricultural employer with under $5 million in-state consumer sales of its own-brand farm products, a single licensed retail food establishment at a physical location, and builders, construction companies and contractors. It does not have to be applied for.
Minnesota exemption: A de minimis producer introduced under one ton or earned under $2,000,000 in global gross revenue in its most recent fiscal year. It does not have to be applied for.
Read the basis column first: the same amount can exempt a producer in one programme and only simplify its report in another.
The lowest revenue exemption is $5,000,000 in Colorado and $2,000,000 in Minnesota. Minnesota therefore reaches smaller sellers: a business with revenue between the two lines is exempt in Colorado but still in scope in Minnesota.
The lowest weight exemption is the same on both sides: 907.2 kg of packaging.
Fees per kilogram for shared materials
Colorado publishes per-kilogram rates in the dataset; Minnesota does not. The rows therefore show Colorado only. Until both sides publish per-kilogram rates for the same material class, a fee comparison between Colorado and Minnesota would mean inventing a figure, and this page does not do that.
Colorado: the 2027 fee schedule of Circular Action Alliance (Colorado PRO), effective January 1, 2027, is the source of the per-kilogram rates used on this page.
Colorado 2027: the category “Kraft Paper” is published at 9.0 cents per pound.
Colorado 2027: the category “HDPE (#2)/LDPE (#4) Flexible and Film Items” is published at 62.0 cents per pound.
Colorado 2027: the category “Glass Bottles and Jars & Other Containers” is published at 5.0 cents per pound.
Deadlines in Colorado and Minnesota
Each verified date, with the period it covers when one is given.
| Place | Kind | Date | Covers |
|---|---|---|---|
| Colorado | payment | January 1, 2026 | program year 2026 |
| Colorado | other | January 1, 2026 | not yet published |
| Minnesota | registration | July 1, 2026 | not yet published |
| Minnesota | report | May 31, 2026 | not yet published |
| Minnesota | other | December 31, 2026 | not yet published |
| Minnesota | other | October 1, 2028 | not yet published |
| Minnesota | payment | February 1, 2029 | not yet published |
| Minnesota | payment | February 1, 2030 | not yet published |
| Minnesota | payment | February 1, 2031 | not yet published |
Penalties in Colorado and Minnesota
What each side has published; a side without an amount says so.
Colorado penalty for First violation of Part 7 by a producer or producer responsibility organization: up to $5,000 for the first day, then up to $1,500 per day the violation continues.
Colorado penalty for Second violation within twelve months after a prior violation: up to $10,000 for the first day, then up to $3,000 per day the violation continues.
Colorado penalty for Third or later violation within twelve months after two or more prior violations: up to $20,000 for the first day, then up to $6,000 per day the violation continues.
Minnesota penalty for violation of sections 115A.144 to 115A.1463: up to $25,000 per day.
Report formats in Colorado and Minnesota
How the report file for Colorado compares with the one for Minnesota.
| Aspect | Colorado | Minnesota |
|---|---|---|
| Layout | Colorado producer supply report by material category 2026-09-29 (built from CAA Colorado 2026 dues schedule) | Minnesota interim producer supply report by material class 2026-09-29 (interim, built from CAA guidance) |
| Recipient | Circular Action Alliance (Colorado PRO) | Circular Action Alliance (Minnesota PRO) |
| How it is submitted | CAA producer portal. The customer signs in and submits. | CAA producer portal. The customer signs in and submits. |
| File type | csv | csv |
| Encoding | utf-8 | utf-8 |
| Delimiter | , | , |
| Decimal separator | . | |
| Columns | 4 | 4 |
| Required columns | 4 of 4 | 4 of 4 |
| Weight unit | lb | lb |
| Period basis | calendar year | calendar year |
The two layouts share a file type and a delimiter, but each programme names its own columns and categories, so one file cannot be sent to both programmes. Each report is built from the same underlying measurements and exported separately.
Which to plan for first, Colorado or Minnesota
Check the exemption thresholds before anything else. Minnesota reaches smaller sellers than Colorado, so a seller that is exempt in Colorado may still have to register in Minnesota.
Questions about comparing these two programmes
Is Colorado or Minnesota stricter on packaging EPR?
Minnesota exempts only producers below the lower revenue floor, $2,000,000 against $5,000,000 in Colorado. Both set the lowest weight exemption at 907.2 kg. Both require producers to register.
Do I register in both Colorado and Minnesota?
Colorado requires producers to register. Minnesota requires producers to register.
How do the fees per kilogram compare in Colorado and Minnesota?
The dataset does not hold per-kilogram rates for the same material class on both sides, so this page does not compare fees.
Which deadline comes first, Colorado or Minnesota?
The dataset does not hold a verified annual report date on both sides, so this page does not say which comes first.
How these figures are made
Sources
- cdphe.colorado.gov: producer responsibility program retrieved
Original wording: In 2022, Governor Polis signed the Producer Responsibility Program for Statewide Recycling Act into law
Original wording: CDPHE appointed Circular Action Alliance as the designated Producer Responsibility Organization in May 2023.
Original wording: a producer cannot sell or distribute products that use covered materials in Colorado unless they participate in the Producer Responsibility Program
Original wording: All producers of paper products and packaging materials should register with Circular Action Alliance and submit a supply report.
Original wording: Interchange 360 manages the recycling of automotive lubricant packaging, such as motor oil and antifreeze.
- colorado.public.law: crs 25 17 713 retrieved
Original wording: in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year
Original wording: A person with less than five million dollars in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year
Original wording: has used less than one ton of covered materials for products sold or distributed within or into the state
Original wording: A producer is exempt from the requirements of this part 7 if the producer is
- colorado.public.law: crs 25 17 703 retrieved
Original wording: the person that is the licensee of a brand or trademark under which a packaged item is sold or distributed in the state
Original wording: means any material, regardless of recyclability, that is intended for single or short-term use
- circularactionalliance.org: CO 2026 Dues Schedule Public retrieved
Original wording: Producers who supply 10 tons or less of covered materials into the state are eligible to pay flat dues according to the following schedule
Original wording: Material Class Covered Material Type Base Dues Detriments Malus Not on MRL Malus High Recycling Rates Bonus Final Dues
- colorado.public.law: crs 25 17 709 retrieved
Original wording: no later than January 1, 2026, and annually thereafter by a date determined by the organization
Original wording: By January 1, 2026, and each year thereafter, the executive director shall develop an eco-modulation bonus schedule
- leg.colorado.gov: 2022a 1355 signed retrieved
Original wording: FIRST VIOLATION, AN INITIAL PENALTY OF FIVE THOUSAND DOLLARS FOR THE FIRST DAY OF EACH VIOLATION AND ONE THOUSAND FIVE HUNDRED DOLLARS PER DAY
- revisor.mn.gov: 115A.1441 retrieved
Original wording: requirements under sections 115A.144 to 115A.1463
Original wording: "Producer" means the following person responsible for compliance with requirements
Original wording: introduced less than one ton of covered material into this state
Original wording: earned global gross revenues of less than $2,000,000
Original wording: "De minimis producer" means a person that in their most recent fiscal year
Original wording: Packaging does not include exempt materials.
- circularactionalliance.org: minnesota retrieved
Original wording: the Minnesota Pollution Control Agency (MPCA) confirmed CAA’s registration to implement the state’s EPR program.
Original wording: Producers must be a member of a PRO that is registered with MPCA by July 1, 2025.
Original wording: CAA requires producers to provide simplified reporting by May 31, 2026
Original wording: December 31, 2026 Full Needs Assessment Due.
- web.archive.org retrieved
Original wording: the MPCA confirmed Circular Action Alliance (CAA) — a 501(c)(3) nonprofit, producer-led organization — as Minnesota’s initial PRO.
- revisor.mn.gov: 115A.1443 retrieved
Original wording: The producer responsibility organization must register with the commissioner by July 1, 2026, and each January 1 thereafter
- revisor.mn.gov: 115A.1451 retrieved
Original wording: By October 1, 2028, and every five years thereafter, a producer responsibility organization must submit a stewardship plan
- revisor.mn.gov: 115A.1455 retrieved
Original wording: no less than 50 percent of the net cost by February 1, 2029
Original wording: no less than 75 percent of the net cost by February 1, 2030
Original wording: no less than 90 percent of the net cost by February 1, 2031, and each year thereafter
- revisor.mn.gov: 115A.1462 retrieved
Original wording: civil penalty not to exceed $25,000 per day of violation
- circularactionalliance.org: CO 2027DuesSchedule 100126 retrieved
Original wording: 2027 Colorado Producer Dues Schedule Dues for Program Year 2027
Original wording: Kraft Paper MRL $0.09 $0.00 $0.00 $0.00 $0.09
Original wording: HDPE (#2)/LDPE (#4) Flexible and Film Items AML $0.62 $0.00 $0.00 $0.00 $0.62
Original wording: Glass Bottles and Jars & Other Containers MRL $0.05 $0.00 $0.00 $0.00 $0.05
The free plan is enough to start. We estimate and prepare; you sign and submit.