Updated October 3, 2026

Guides · Minnesota

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

The exemption tests

Meeting either test makes you a de minimis producer:

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

Still uncertain

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

  1. Compare your global gross revenue for your most recent fiscal year to $2,000,000.
  2. If you're over it, estimate the packaging and paper you put into Minnesota against 1 ton.
  3. If you're exempt, file the evidence away. Nothing to send.
  4. If you're not exempt and haven't joined CAA, register (free).
  5. 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.

Check all seven states in two minutes

Sources

General information, not legal advice. Rules change; we re-verify each season.