De minimis producer packaging EPR: how EPR rules use the term
Last verified
de minimis producer means: In Minnesota's law, a producer small enough, measured over its most recent fiscal year, to fall under the de minimis rules instead of the full obligations. The Instica dataset lists de minimis producer in 2 jurisdictions, including Minnesota, Washington.
What does de minimis producer mean?
This is the definition Instica uses for de minimis producer in its EPR dataset. The wording below is checked against the source named beside it.
de minimis producer: In Minnesota's law, a producer small enough, measured over its most recent fiscal year, to fall under the de minimis rules instead of the full obligations. (Source: revisor.mn.gov, retrieved September 29, 2026).
Original wording
"De minimis producer" means a person that in their most recent fiscal yearSource: revisor.mn.gov
Where does de minimis producer apply?
de minimis producer appears in the rules of 2 jurisdictions in the dataset. The table gives the duty and the regulator for each; the sections after it list every sourced rule.
| Jurisdiction | Producer duty | Regulator | Verified |
|---|---|---|---|
| Minnesota | Yes | Minnesota Pollution Control Agency | verified Sep 29, 2026 |
| Washington | Yes | Washington State Department of Ecology | verified Sep 29, 2026 |
Minnesota: the rules behind the term
8 sourced rules for Minnesota. Each statement names its source and the date Instica retrieved it, and a rule without a primary source shows as not yet published.
In Minnesota, packaging producer duties rest on Minnesota packaging EPR law, Minnesota Statutes sections 115A.144 to 115A.1463 (Source: revisor.mn.gov, retrieved September 29, 2026).
Producers that place packaging on the market in Minnesota carry a producer responsibility duty (Source: circularactionalliance.org, retrieved September 29, 2026).
In Minnesota, a tonnage threshold applies: below 1 short tons (covered material introduced, most recent fiscal year); it exempts producers below it (Source: revisor.mn.gov, retrieved September 29, 2026).
In Minnesota, a revenue threshold applies: below $2,000,000 (global gross revenue, most recent fiscal year); it exempts producers below it (Source: revisor.mn.gov, retrieved September 29, 2026).
Minnesota recognises this 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 applies without a separate application (Source: revisor.mn.gov, retrieved September 29, 2026).
The regulator named for Minnesota is Minnesota Pollution Control Agency (Source: circularactionalliance.org, retrieved September 29, 2026).
Minnesota organises producer duties through a single producer responsibility organisation: Circular Action Alliance (Source: web.archive.org, retrieved November 5, 2026).
Producers must register in Minnesota; the registry is Producer joins a PRO; the PRO registers with the MPCA (Source: circularactionalliance.org, retrieved September 29, 2026).
Original wording
requirements under sections 115A.144 to 115A.1463Source: revisor.mn.gov
Washington: the rules behind the term
8 sourced rules for Washington. Each statement names its source and the date Instica retrieved it, and a rule without a primary source shows as not yet published.
In Washington, packaging producer duties rest on Washington Recycling Reform Act, chapter 70A.208 RCW (Source: circularactionalliance.org, retrieved September 29, 2026).
Producers that place packaging on the market in Washington carry a producer responsibility duty (Source: app.leg.wa.gov, retrieved November 3, 2026).
In Washington, a tonnage threshold applies: below 1 short tons (covered materials introduced, most recent fiscal year); it exempts producers below it (Source: app.leg.wa.gov, retrieved November 3, 2026).
In Washington, a revenue threshold applies: below $5,000,000 (global gross revenue, prior fiscal year); it exempts producers below it (Source: app.leg.wa.gov, retrieved November 3, 2026).
Washington recognises this exemption: A de minimis producer is under one ton, or under the global revenue limit, or an agricultural employer within limits. It applies without a separate application (Source: app.leg.wa.gov, retrieved November 3, 2026).
Washington recognises this exemption: Registered 501(c)(3) and 501(c)(4) organizations are excluded from the producer definition. It applies without a separate application (Source: app.leg.wa.gov, retrieved November 3, 2026).
In Washington, a deadline of another kind falls on March 1, 2029 (Source: app.leg.wa.gov, retrieved November 3, 2026).
In Washington, a deadline of another kind falls on January 1, 2030 (Source: app.leg.wa.gov, retrieved November 3, 2026).
Original wording
required in the Recycling Reform ActSource: circularactionalliance.org
Which Instica pages use de minimis producer?
These 2 jurisdiction pages put de minimis producer into practice, with thresholds, deadlines and fees for each.
More questions
What does de minimis producer mean?
de minimis producer means: In Minnesota's law, a producer small enough, measured over its most recent fiscal year, to fall under the de minimis rules instead of the full obligations. It applies in Minnesota, Washington.
How to read these figures
Sources
- app.leg.wa.gov retrieved
Original wording: After July 1, 2026, be a member of a producer responsibility organization registered in this state
Original wording: In their most recent fiscal year introduced less than one ton of covered materials
Original wording: Until January 1, 2031, less than $5,000,000
Original wording: "De minimis producer" means a producer that
Original wording: Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations
Original wording: By October 1, 2028, and every five years thereafter, submit a plan that meets the requirements of this chapter
Original wording: Beginning March 1, 2029, a producer that is not a member in good standing with a registered producer responsibility organization
Original wording: By January 1, 2030, or within six months of plan approval, whichever is later, implement the plan approved by the department
Original wording: civil penalty of up to $1,000 per violation per day on any producer who violates this chapter
Original wording: Has a global gross revenue, not including on-premises alcohol sales, for the prior fiscal year of
- 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.
- circularactionalliance.org (washington) retrieved
Original wording: required in the Recycling Reform Act
Original wording: By January 1, 2026 Washington Department of Ecology must establish and appoint the initial membership of the advisory council.
Original wording: July 1, 2026 Washington regulatory deadline for Producers to register with a PRO.
Original wording: By March 1, 2026 A PRO must register with Washington Department of Ecology on behalf of its producers.
Original wording: By May 31, 2026 Reporting (Interim State Addendum Signed & Simplified Reporting)
- ecology.wa.gov retrieved
Original wording: The Circular Action Alliance is the PRO representing producers in Washington. We encourage all potentially obligated producers to register with CAA.
- 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.1441) retrieved
Original wording: "De minimis producer" means a person that in their most recent fiscal year
Original wording: requirements under sections 115A.144 to 115A.1463
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
- 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
- revisor.mn.gov (115A.1462) retrieved
Original wording: civil penalty not to exceed $25,000 per day of violation
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