Background: What Is California’s EPR for Packaging?
Single-use plastics and other harmful packaging and materials are taking their toll on our rivers, lakes, oceans and wildlife, which is why a growing number of states are enacting EPR for Packaging laws to incentivize producers (brands) to switch to less harmful packaging. According to Circular Action Alliance (CAA), “California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act requires producers of residential and commercial single-use packaging and plastic single-use food service ware to join a Producer Responsibility Organization (PRO), and through the PRO, fund the end of life of those materials, which includes processing and recycling. Additionally, the PRO must remit to the state $500 million each year, starting in 2027 and ending in 2037 to be placed in the California Plastic Pollution Mitigation Fund.”
California’s Packaging Goals
It’s important to understand California’s packaging goals so that your brand can identify whether it is helping or preventing California from achieving their packaging goals. California is aiming to achieve the following goals by January 1, 2032:
- 100% of packaging in California is recyclable or compostable;
- 25% of plastic packaging is source reduced;
- 65% of all single-use plastic packaging is recycled.
By understanding that your brand can help California achieve its own sustainability goals, you can pay smaller EPR fees, and smart brands will then use making the switch to more sustainable packaging as a marketing story.
REPORTING DEADLINE: November 15, 2025
Before you freak out, it is important to understand that small businesses meeting the following criteria are exempt from reporting: “Producers, retailers, or wholesalers who have less than one million dollars in gross sales are exempt,” according to the Sustainable Packaging Coalition. If your brand is over $1M, then you will need to start by registering with CAA, assessing your packaging, then working with your suppliers to determine packaging weights and then most likely estimating how much packaging (by weight and material type) your sending into California base on population and sales data. Some other things worth noting:
- Producers are required to submit data for their 2023 calendar year packaging volumes (types and amounts) sold into California.
- That data will form the basis for fee assessments that begin in January 2027.
- While CAA does not itself enforce civil penalties, noncompliance may lead to risk with CalRecycle enforcement or restrictions on ability to sell in California in the future.
Your brand can avoid costly fines, and pay smaller EPR fees if you make the switch to fiber-based packaging, packaging made from post consumer recycled content, and/or reduce overall packaging (by weight). In short, brands are being financially incentivized to make the switch to more sustainable packaging options that don’t pollute like hard to recycle packaging and single-use plastics.
What Brands Should Do Now (Before the Deadline)
Basically, you need to visit the Cal Recycle’s EPR website and if you are a “producer” then you need to register with with Circular Action Alliance, collect packaging data, then report through CAA, but here’s a checklist to prepare:
| Step | Action | Why It Matters |
|---|---|---|
| 1. Determine if you’re a “producer” | Review your role (brand owner, importer, etc.) and packaging responsibilities | Some companies are surprised they fall under the law. |
| 2. Register with CAA / PRO | Use the CAA portal to register | Without registration, you cannot report or pay fees |
| 3. Collect packaging material data | Segment by material (plastic types, paper, film, etc.), weight, sales volumes destined for CA | Accurate data is foundational to compliance |
| 4. Monitor regulation development | Follow CAA for the latest updates. | Adjust your strategy as clarity emerges |
| 5. Engage in the public rulemaking process | Submit comments, attend advisory board meetings | You can help shape definitions for “producer,” “covered material,” and exemptions |
| 6. Prepare to pay fees (2027 onward) | Use your reported data to model future costs, identify “eco-modulated” incentives | Early modeling helps avoid surprises later |
| 7. Design for circularity | Reevaluate packaging design to reduce material, increase recyclability or compostability, and avoid problematic additives | This can reduce your fees and compliance burden long term |
Why Emerger Strategies Is Your Ideal Partner
At Emerger Strategies, we specialize in helping brands navigate emerging regulations like EPR so compliance becomes a strategic advantage rather than a burden.
- We assess your packaging with our Sustainable Packaging Audit
- We help with data collection systems, audit readiness, and reporting
- We leverage our network of sustainable packaging solutions providers to design packaging with circularity in mind
- We monitor rulemaking and help you provide input to regulators
- We build your roadmap in a way that aligns compliance with brand value
If your brand sells into California (or plans to), the November 15, 2025 reporting deadline is non-negotiable. Let’s make sure you’re ready—not racing at the last minute. Learn more about our Sustainable Packaging and EPR Compliance.
