Who reports shipping boxes and fill: the brand, the 3PL, or both?
It depends on the state. In Oregon, Minnesota, Maryland, Washington and Maine, the producer of shipping packaging is whoever packs the item and ships it to the consumer, which can be your 3PL. In Colorado, the brand and the shipper are both obligated. In California, the brand owner is the producer of all the packaging, including shipper boxes, when it or its 3PL ships. Who is the producer when Amazon fulfills (FBA) is unresolved. In every state, the packaging that directly holds your product follows the normal rule, which usually points to the brand owner.
What counts as shipping packaging
Shipping packaging is covered in all seven states. Oregon's rule lists boxes, envelopes, labels, bubble wrap, packing peanuts, packing paper and tape. Maryland's coverage expressly includes void fill and shipping labels. The product's own packaging (bottle, cap, label, carton) is separate: the brand owner or licensee is normally its producer, and a brand that sets the specs for a co-packer counts as the producer.
State by state
Oregon: "the person that packages and ships the item to the consumer". A company that is only the producer of shipping packaging must notify the product's producer and CAA. Oregon's rules don't address 3PLs or marketplaces, so that remains unsettled. EPS packing peanuts have been banned in Oregon since January 1, 2025.
Minnesota: "the person that packages the item to be shipped to the consumer". A 3PL may be the producer, depending on who packs. Another party can take on your obligations by signed agreement if it joins the PRO.
Maryland: "the person that packages the item to be shipped to the consumer". A producer whose obligation another company assumes by written agreement is excluded, but that requires a determination request to MDE.
Washington: "the person that packages the item to be shipped to the consumer". Obligations can be assumed by signed agreement if the other party joins the PRO and the producer certifies it to the PRO.
Maine: "a person that packages the item for delivery". Maine has no stewardship organization yet, so nothing is due there now.
Colorado: two equally obligated producers: the producer of the packaging that directly protects the product, and the person that packages or ships to the consumer. CAA's guidance says a seller shipping from its own fulfillment center owns the shipper box, and that a courier that only delivers is not obligated.
California: the brand owner or licensee is the producer of all covered material used with the product when it, or someone acting on its behalf such as a 3PL, sells or distributes it, expressly including transport and tertiary packaging. So direct-to-consumer shipper boxes, mailers and void fill are the brand's. A downstream reseller is the producer only of packaging it adds. Carriers are not producers. Online marketplaces aren't producers if they don't control the shipping packaging. Who is the producer of packaging supplied by a platform, as with Amazon FBA, is unresolved.
Common setups
You pack and ship yourself: the shipping packaging is yours in every state.
A 3PL packs and ships for you: in OR, MN, MD, WA and ME the 3PL may be the producer of the shipping packaging; in Colorado you're both obligated; in California it's yours.
Amazon FBA: in California this is unresolved. Elsewhere, apply each state's rule above to whoever actually packs the order; Oregon's rules don't address marketplaces, so treat it as unsettled there.
What to do next
For each state you ship into, write down who physically packs the order: you, a 3PL, or a marketplace.
Weigh your shipping materials per order (box, mailer, tape, label, fill) separately from the product's own packaging.
If a 3PL packs, put it in writing who reports the shipping packaging in OR, MN, MD and WA, and whether they're registered with CAA.
For California and Colorado, include the shipper box in your own numbers.
If you use FBA and sell into California, flag it as an open question and re-check before the next reporting season.
Know which states you owe in before you sort out who reports.