Guides ยท Colorado
You're exempt from Colorado's packaging law if your global gross revenue in the prior calendar year was under $5,779,297 (the figure since July 1, 2026; it rises with inflation each July 1), or if you supplied less than 1 ton of covered materials (packaging and paper products) into Colorado in the prior calendar year. Meeting either test is enough, and there's nothing to file. If you're over both, you must participate through the Circular Action Alliance (CAA), and brands with up to 10 short tons can pay 2027 flat dues of $900 to $4,100. One question is open: whether online-only sellers can use the revenue exemption.
Meeting any one of these exempts you:
Colorado has no single-store exemption, unlike Oregon and Maryland. Packaging for FDA-regulated drugs, medical devices and dietary supplements is exempt as material.
The revenue threshold is indexed to the Denver-Aurora-Lakewood CPI-U and updated each July 1:
The next update is due July 1, 2027. Which July 1 figure applies to which data year is not spelled out, so if you're close to the line, treat it as uncertain. How revenue of affiliates and parent companies is combined is also undefined.
Neither the statute nor the current rule requires exempt producers to register or file. Keep your evidence (revenue figures, packaging weights) anyway: CDPHE can demand records within 10 business days, and records are kept for 5 years.
Colorado's rule text on the "small business" exemption mentions a "physical business location". It is unclear whether an online-only brand under the revenue threshold qualifies. We read rule 1.8.2 as controlling, which would exempt it, but this is uncertain until CDPHE says otherwise. If you're an online-only brand relying on the revenue test, keep a close eye on it.
If you're over both thresholds but supply 10 short tons or less, CAA's 2027 dues schedule offers flat dues instead of per-pound rates:
Low-volume options need an annual eligibility attestation. 2027 dues are invoiced in two halves, in January and July 2027, and are based on 2025 data reported in 2026. Late payments carry 1% interest per month.
Colorado also makes both the product's producer and whoever packs and ships to the consumer responsible for shipping packaging. See who reports shipping packaging.
Enforcement runs against producers and the PRO, not retailers. We found no public CDPHE penalty orders so far. A preliminary-injunction motion against the law (NAW v. Ryan) was pending as of September 28, 2026.
Shipping to more than Colorado? Each state draws the line differently.
General information, not legal advice. Rules change; we re-verify each season.