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What Happened?
California
On January 9, 2026, California's Department of Resources Recycling and Recovery (CalRecycle) withdrew its proposed regulations implementing the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) from the Office of Administrative Law's (OAL) review to make targeted revisions, with a particular focus on packaging for food and agricultural commodities. The revised regulations will be subject to an additional 15-day public comment period.
Oregon
Rulemaking: Oregon's Department of Environmental Quality (DEQ) initiated a third rulemaking to address several topics including four recommended exemptions from "covered products," Life Cycle evaluations, and rule clarifications. DEQ's advisory committee will meet on January 27, 2026 and the meeting is open to the public.
Enforcement: CAA began referring unresolved producer delinquencies to DEQ for enforcement. Under Oregon law, CAA must escalate non-compliance to DEQ. Once referred, DEQ may pursue enforcement, including imposing a civil penalty of up to $25,000 per day. DEQ may also request the Oregon Department of Justice to bring an action to prohibit a noncompliant producer from selling a covered product in or into Oregon – though this is unlikely given DEQ's consistent messaging that compliance will be the focus for the 2025 reporting year rather than enforcement.
Who is Impacted?
California
Producers of packaging material or products contained within packaging material, with a specific focus on producers of food and agricultural commodities.
Oregon
Rulemaking: Producers whose reporting and fee obligations could be affected by DEQ's partial exemption.
Enforcement:Producers that receive a delinquency notice from CAA and do not resolve it within the three-month cure period.
What Should Producers Consider Doing in Response?
California
Companies should keep an eye out for CalRecycle's revised SB 54 regulations, assess whether there are changes beyond the food and agriculture exemption; assess how changes for food and agricultural commodities could affect their obligations, and prepare in advance to submit comments during the anticipated 15-day comment period, as that is a limited time for comment.
Oregon
Rulemaking: Track DEQ's Recycling Modernization Act rulemaking page for supporting topic papers it plans to publish on or by January 20, 2026. Interested stakeholders can also attend the January 27 advisory committee meeting via Zoom. Additionally, producers can consider submitting comments individually or through industry groups when DEQ releases draft rules for public comment. DEQ will make all final policy in early 2027.
Enforcement: Companies that received a Notice of Unresolved Delinquency must work with CAA to resolve their status by submitting a case through the Help & Support tab in the Producer Portal or contacting producer.support@circularaction.org. DEQ will reflect any non-compliance determinations in CAA's public registry of Oregon participant producers.
Beveridge & Diamond's ESG, Sustainability and Product Stewardship, Global Supply Chains practice groups have extensive experience counseling individual companies and industry coalitions on EPR mandates. With offices in Seattle and San Francisco, B&D's experience includes coordination with DEQ and CalRecycle on the drafting and implementation of EPR program regulations, on behalf of potentially impacted clients. In addition, our Consumer Products industry group supports U.S. and multinational companies involved in the manufacture, distribution, transportation, or sale of consumer goods in a competitive and rapidly evolving market. We help clients navigate complex regulatory requirements throughout the product lifecycle. Visit our EPR hot topics page for additional resources or contact the authors.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
