Summary
Colorado’s Producer Responsibility Program for Statewide Recycling Act, HB22-1355 (the “Act”), establishes a mandatory extended producer responsibility (“EPR”) framework for packaging materials and paper products.[1] This framework shifts the cost of recycling packaging and paper products from local governments and consumers to the producers that introduce these materials into the marketplace by requiring the producers to fund a statewide recycling system to recycle those materials.
Program Background
The Act mandates the designation of an independent non-profit organization, called a Producer Responsibility Organization (“PRO”), to coordinate, fund, and manage this statewide recycling system.[2] Pursuant to this mandate, in May 2023, the Colorado Department of Public Health and Environment (“CDPHE”) designated Circular Action Alliance (“CAA”)—a national nonprofit PRO formed by companies across the consumer goods, food, beverage, and retail sectors—as Colorado’s implementing organization.[3]
CAA submitted its proposed plan to the state in February 2025 and a revised plan in June 2025 following feedback from the Producer Responsibility Advisory Board.[4] CDPHE is expected to approve the final plan by late 2025.
Key dates for producers under the Act include:
- April 22, 2025: Registration portal launch
- July 1, 2025: Producer registration deadline
- July 31, 2025: Initial 2024 supply report due
- January 1, 2026: Producers begin paying their dues
- May 31, 2026–2030: Producers must report prior year’s supply[5]
Covered Materials
The Act applies to two principal categories of “covered materials”:
- Packaging materials: Any material, regardless of recyclability, that is intended for single- or short-term use and used to contain, protect, handle, or deliver products to a consumer, including materials used for e-commerce transactions.[6]
- Paper products: Items such as flyers, brochures, booklets, catalogs, telephone directories, newspapers, and magazines.[7]
Exemptions include:
- Packaging (i) used for products that are sold or distributed out of state, (ii) used only in business-to-business transactions, (iii) not sold to covered entities, or (iv) used solely in transportation or distribution to non-consumers.[8]
- Packaging intended for long-term (five-year or greater) protection or storage;[9]
- Packaging that can become unsafe or unsanitary;[10]
- Printed paper used for financial statements, billing statements, or medical/vital documents required by law;[11]
- Bound books and print publications primarily comprising news or current-event content.[12]
- Packaging used solely in industrial or manufacturing processes;[13]
- Packaging for products regulated under certain federal health and safety legislation (e.g., the Federal Food, Drug, and Cosmetic Act, Virus-Serum-Toxin Act, and Federal Insecticide, Fungicide, and Rodenticide Act);[14]
- Packaging used to contain refurbished portable electronic devices;[15]
Determining Producer Status
The Act’s definition of a “Producer” is broadly worded to encompass those who use, manufacture, first import, first distribute, or print covered materials.[16] Producers must join, pay membership fees, and provide information to the PRO.[17] Except in the case of internet transactions, where there are two equally obligated producers, producers are subject to the EPR System based on the order of who is first obligated.[18] The implementing regulations establish the following hierarchy for producers of packaging materials:
- Brand Owner: The entity whose name or trademark appears on the product.
- Licensee: If packaging is produced under a licensed trademark, the licensee directing packaging decisions.
- Manufacturer: If no identifiable brand or licensee applies, the manufacturer of the packaged product.
- Importer/Distributor: If none of the above are located in the United States, the importer or first distributor into Colorado.[19]
For paper products, the publisher is the producer of magazines, newspapers, catalogs, and similar publications.[20]
Producer Exemptions
There are limited producer exemptions under the Act:
- Businesses with less than $5 million in annual gross revenue;
- Businesses using under one ton of covered materials in the previous calendar year;
- State or local governments and nonprofit organizations;
- Agricultural employers with under $5 million in in-state revenue; and
- Certain local food establishments and construction contractors.[21]
Entities that do not qualify for an exemption must register with CAA, sign the Producer Participant Agreement and state addendum, and comply with annual reporting and fee requirements.[22]
Compliance and Next Steps
To determine applicability under the Act, companies should conduct the following assessment, which is highly fact / company specific:
- Identify Covered Materials: Review all packaging and printed materials associated with products sold or distributed in Colorado to determine whether they fall within the Act’s definitions or qualify for an exemption.
- Determine Producer Responsibility: Assess your company’s role in the producer hierarchy to identify whether you are the brand owner, licensee, manufacturer, or importer responsible for reporting and fees.
Assuming you’ve determined the Act applies to your operations, the next steps are as follows:
- Register with the PRO: Registration with Circular Action Alliance is mandatory for obligated producers. Registration can be completed at https://circularaction.org/registration.
- Prepare for Reporting: Producers should compile data on packaging and paper quantities and types in advance of the supply-reporting deadline each year.
- Monitor Regulatory Updates: CDPHE and CAA will continue to issue program guidance, fee schedules, and reporting tools ahead of implementation.
Key Takeaway
Colorado’s Producer Responsibility Program represents a significant policy shift toward producer-funded recycling. With many compliance deadlines having already passed, if they haven’t done so already, companies should evaluate their packaging portfolios, confirm exemption status, and initiate registration as soon as possible to ensure compliance.
[1] HB22-1355, as codified at Colo. Rev. Stat. §§ 25-17-701 to 716.
[2] Colo. Rev. Stat. § 25-17-705(1)(a)(II).
[3] CDPHA, Producer Responsibility Program, https://cdphe.colorado.gov/hm/epr-program (last visited Nov. 7, 2025).
[4] CAA Amended Program Plan, available at https://oitco.hylandcloud.com/cdphermpop/docpop/docpop.aspx.
[5] Id.; see also Colo. Rev. Stat. § 25-17-708(1); 6 Colo. Code Regs. § 1007-2, R. 18.2.4.
[6] 6 Colo. Code Regs. § 1007-2, R. 18.1.6.
[7] Id. § 1007-2, R. 18.1.6.
[8] Id. § 1007-2, R. 18.1.6.
[9] Id. § 1007-2, R. 18.3.2(A)(1).
[10] Id. § 1007-2, R. 18.3.2(A)(2).
[11] Id. § 1007-2, R. 18.3.2(A)(3).
[12] Id. § 1007-2, R. 18.1.6, 18.3.2(A)(13).
[13] Id. § 1007-2, R. 18.3.2(A)(6).
[14] Id. § 1007-2, R. 18.3.2(A)(7)-(11), (14).
[15] Id. § 1007-2, R. 18.3.2(A)(12).
[16] Id. § 1007-2, R. 18.1.6.
[17] Id. § 1007-2, R. 18.2.1.
[18] Id. § 1007-2, R. 18.2.2.
[19] Id. § 1007-2, R. 18.2.2(A).
[20] Id. § 1007-2, R. 18.2.2(C)(1).
[21] Id. § 1007-2, R. 18.2.3.
[22] Id. § 1007-2, R. 18.2.4.