Minnesota packaging EPR: do you owe anything, and when?
Minnesota's packaging law is in effect but hasn't launched. You're exempt as a "de minimis producer" if your global gross revenue was under $2 million in your most recent fiscal year, or if you put less than 1 ton of covered material into Minnesota. Either test is enough, and we found nothing exempt producers must file. If you're over both, you were supposed to join the Circular Action Alliance (CAA) by July 1, 2025, and late registration is still required. There are no program fees yet: CAA expects the first ones around 2029, and the state's rules haven't been drafted.
Who counts as the producer
Packaging that holds the product: the manufacturer selling under its own brand (or unbranded), then a licensee, then the brand owner, then the importer of record if there's no US party, then whoever first distributes the item into Minnesota. A brand that has a co-packer make its product is usually the producer.
Shipping packaging: "the person that packages the item to be shipped to the consumer". That can be your 3PL, depending on who packs. See who reports shipping packaging.
Paper: the publisher for magazines, catalogs and directories; for other paper, the manufacturer, brand owner or licensee, importer or first distributor.
Franchises: the franchisor, if its franchisees have a commercial presence in Minnesota.
Another party can take on your obligations by signed agreement if it joins the PRO.
The exemption tests
Meeting either test makes you a de minimis producer:
Revenue: less than $2,000,000 in global gross revenue in your most recent fiscal year. It isn't indexed to inflation.
Tonnage: less than 1 ton of covered material introduced into Minnesota in your most recent fiscal year. "Ton" isn't defined.
Also excluded: governments, 501(c)(3) and 501(c)(4) organizations, and certain paper mills.
Covered material means packaging (including food packaging and food serviceware), shipping packaging and paper products. Some packaging is exempt as material, including packaging for infant formula, medical food and certain supplements, FDA-regulated drugs and medical devices, animal drugs, pesticides, and packaging sold between producers for use as a production input.
Note that Minnesota's $2 million line is much lower than Oregon's, Colorado's or Washington's (about $5 million). A brand exempt there can be obligated here.
Exempt? Probably nothing to file
We found no filing requirement for de minimis producers in the statute or in guidance from the Minnesota Pollution Control Agency (MPCA). That could change: MPCA's rulemaking covers exemptions. Keep your revenue and tonnage evidence, because MPCA can request information.
The PRO: Circular Action Alliance
MPCA confirmed CAA as the PRO on February 18, 2025, and it's the only PRO during the first plan. Producers had to be CAA members by July 1, 2025. That date has passed, so if you're not exempt and haven't joined, register now.
In 2026, CAA collected a simplified supply report of 2025 data by broad material class, due May 31, 2026. Sources disagree on whether it was required: an industry trade group called it voluntary, while CAA framed it as required.
Key dates, 2026 to 2029
November 13, 2026: public comments close on MPCA's draft needs assessment.
December 31, 2026: statutory deadline for the needs assessment.
January 1, 2027: CAA's annual registration with MPCA, listing its member producers and brands.
2027 report: CAA may ask for another report of 2026 data, but no date has been announced.
October 1, 2028: the stewardship plan is due.
January 1, 2029: producers can't introduce covered materials into Minnesota without a written agreement under an approved plan.
Around 2029: first producer fees, according to CAA.
Still uncertain
MPCA's rules: MPCA published a request for comments on May 26, 2026 and comments closed July 24, 2026. There's no draft rule yet. The scope includes definitions, exemptions and collection lists.
There's no official category list or fee schedule, and no 2027 reporting date.
Whether de minimis producers will have to file anything once the rules are written.
A bill to exempt paper (HF 1371) is stuck in committee.
Penalties
Up to $25,000 per day. After the plan is approved, a producer's second violation within 5 years can cost up to $50,000 per day, and a third or later up to $100,000 per day. We found no enforcement actions so far.
What to do next
Compare your global gross revenue for your most recent fiscal year to $2,000,000.
If you're over it, estimate the packaging and paper you put into Minnesota against 1 ton.
If you're exempt, file the evidence away. Nothing to send.
If you're not exempt and haven't joined CAA, register (free).
Watch MPCA's rulemaking and CAA's announcement of any 2027 report.
Selling into other EPR states? Minnesota's $2 million test is one of the lowest.