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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.

Paired bars comparing how many verified thresholds, deadlines and penalties Colorado and Minnesota publish, and how many columns their report layouts hold.Colorado / Minnesota (published items): Thresholds: Colorado 3, Minnesota 2; Deadlines: Colorado 2, Minnesota 7; Penalties: Colorado 3, Minnesota 1; Report columns: Colorado 4, Minnesota 4ColoradoMinnesotapublished items02468Thresholds32Deadlines27Penalties31Report columns44
Source: Colorado and Minnesota primary sources, retrieved 2026-11-05

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.

Colorado and Minnesota: the measures both programmes publish
MeasureColoradoMinnesotaStricter
Registration dutyRequiredRequiredSame
Producer organisationmore than one producer responsibility organisationone producer responsibility organisationNot comparable
Lowest revenue exemption$5,000,000$2,000,000Minnesota
Lowest weight exemption907.2 kg907.2 kgSame
First annual report datenot yet publishedMay 31Not comparable
Published penalties3 published1 publishedNot comparable
Report filecsvcsvNot comparable
Paper fee, cheapest matched rate9.0 cents per poundnot yet publishedNot comparable
Plastic fee, cheapest matched rate62.0 cents per poundnot yet publishedNot 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.

Colorado and Minnesota: how each programme is set up
AspectColoradoMinnesota
RegimeColorado 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
RegulatorColorado Department of Public Health and Environment (CDPHE), Solid Waste and Materials Management ProgramMinnesota Pollution Control Agency
Producers obligatedYesYes
RegistrationRequired, Circular Action Alliance producer portalRequired, Producer joins a PRO; the PRO registers with the MPCA
Producer organisationmore than one producer responsibility organisation: Circular Action Alliance, Interchange 360 (automotive lubricant packaging, individual programme); membership requiredone producer responsibility organisation: Circular Action Alliance; membership required
Revenue counted asrealised gross total revenue, USD, prior calendar yearnot yet published
Who counts as the producerother: first distributor; primary: manufacturer or brand owner, brand licensee, importer; shipping: packer and shipperprimary: 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.

Scope, producer duties, categories, labelling and targets, Colorado and Minnesota
AspectColoradoMinnesota
Materials coveredpackaging material, paper products, food servicewarepackaging, paper products
Product classes coveredpackaging, paper, food servicewarepackaging, paper
Excluded from scopepackaging used solely in transportation to nonconsumers, packaging used solely in business to business salesexempt materials
Sales channels addressedphysical retail, internet transactionphysical retail, remote sale, other distribution
Producer duty: primary packagingmanufacturer_brand_owner; licensee; importermanufacturer; licensee; brand_owner; importer
Producer duty: shipping packagingpacker_shippernot yet published
Producer duty: other packagingfirst_distributornot yet published
Reporting categories61, covered material type by material classnot yet published
Exemption 1Exempt 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.

Verified thresholds in Colorado and Minnesota
PlaceMeasureAmountEffectBasis as published
Coloradorevenue$5,000,000exempt belowrealized gross total revenue, prior calendar year, excluding on-premises alcohol sales
Coloradopackaging tonnage1 short tonexempt belowcovered materials used for products sold or distributed in or into Colorado, prior calendar year
Coloradopackaging tonnage10 short tonsflat-fee bandcovered materials supplied into Colorado
Minnesotapackaging tonnage1 short tonexempt belowcovered material introduced, most recent fiscal year
Minnesotarevenue$2,000,000exempt belowglobal 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.

Verified deadlines in Colorado and Minnesota
PlaceKindDateCovers
ColoradopaymentJanuary 1, 2026program year 2026
ColoradootherJanuary 1, 2026not yet published
MinnesotaregistrationJuly 1, 2026not yet published
MinnesotareportMay 31, 2026not yet published
MinnesotaotherDecember 31, 2026not yet published
MinnesotaotherOctober 1, 2028not yet published
MinnesotapaymentFebruary 1, 2029not yet published
MinnesotapaymentFebruary 1, 2030not yet published
MinnesotapaymentFebruary 1, 2031not 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.

Report file layouts for Colorado and Minnesota
AspectColoradoMinnesota
LayoutColorado 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)
RecipientCircular Action Alliance (Colorado PRO)Circular Action Alliance (Minnesota PRO)
How it is submittedCAA producer portal. The customer signs in and submits.CAA producer portal. The customer signs in and submits.
File typecsvcsv
Encodingutf-8utf-8
Delimiter,,
Decimal separator.
Columns44
Required columns4 of 44 of 4
Weight unitlblb
Period basiscalendar yearcalendar 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

Our reviewers.

Sources

  1. 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.
  2. 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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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.
  8. 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.
  9. 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.
  10. 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
  11. 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
  12. 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
  13. revisor.mn.gov: 115A.1462 retrieved
    Original wording: civil penalty not to exceed $25,000 per day of violation
  14. 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
Model both: Colorado and MinnesotaCompare another pair

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