Colorado dues are live, not planned

Colorado does not have a “coming soon” problem. It has a paperwork problem. The participation restriction has applied since July 2025. Producer dues started in January 2026. For brands selling packaged products into Colorado, treating this as next year’s work is an assumption to check against the statute.

Where things stand

• The law: HB 22-1355, codified at C.R.S. §§25-17-701–716, with program rules at 6 CCR 1007-2 Part 1 §18.
• The timeline: CDPHE states producers pay dues on covered materials in January 2026 and each year after. Reporting supply data to CAA was the prior step.
• The schedule: the 2026 dues schedule is published, and its rates already include passive eco-modulation factors. Estimates against it are current-schedule estimates. Cite the version on every number.
• The unit trap: Colorado’s small-producer input is 1 dry short ton (2,000 lb) into Colorado, or revenue below the annually CPI-adjusted global threshold (confirm the current July 1 figure). A dry short ton is about 200 lb lighter than Oregon’s metric ton. Producer Ledger files both kilograms and pounds and attaches the conversion rule used, because near-threshold cases get decided on exactly this arithmetic.
• No express assignment override. The statutory producer definition controls. A private cost-sharing contract between a brand and a distributor does not change who the statute treats as producer.

What to do this month

1. Confirm registration and dues standing with CAA and CDPHE. January 2026 was the first dues date; know whether the entity is current.
2. Weigh the evidence, literally. Component masses in grams, with the source document named. Purchase-order inference is weaker than a supplier spec. Producer Ledger labels which one each number is.
3. Run the state-specific screen. Never reuse Oregon’s metric-ton test here, and never assume an exemption. The process decides, not the estimate.
4. Watch the active incentives separately. The published rates carry passive factors; separate active incentive rules keep evolving. Do not promise a bonus-adjusted number until the rule version supports it.

Legal counsel coordination

Determinations regarding whether your business qualifies as a statutory producer, satisfies Colorado’s small-producer criteria, or faces commercial restrictions should be reviewed with your legal counsel. Producer Ledger supports this process by building an evidence-backed packaging inventory, mapping components to Colorado’s approved categories with statutory citations, and calculating dues strictly against published schedules.

Sources (primary)

• HB 22-1355 bill page — https://leg.colorado.gov/bills/hb22-1355 — retrieved 2026-09-21
• CDPHE producer-responsibility program — https://cdphe.colorado.gov/hm/epr-program — retrieved 2026-09-21
• CAA Colorado — https://circularactionalliance.org/colorado — retrieved 2026-09-21
• 2026 Colorado dues schedule (PDF) — https://circularactionalliance.org/s/CO-2026-Dues-Schedule-Public.pdf — retrieved 2026-09-21

Further reading (secondary, verify before citing)

• Portco Packaging: “Colorado’s EPR Law Is Officially Live: What Producers Need to Know in 2026” — https://www.portco.com/portco-packaging/colorados-epr-law-is-officially-live-what-producers-need-to-know-in-2026 — retrieved 2026-09-22
• Keller & Heckman Packaging Law: “Colorado Producers Subject to EPR Law Must Register” — first dues due January 1, 2026 — https://www.packaginglaw.com/news/colorado-producers-subject-epr-law-must-register-oct-1 — retrieved 2026-09-22
• Davis Graham: “Colorado’s Producer Responsibility Program for Statewide Recycling Act” — https://davisgraham.com/news-events/colorados-producer-responsibility-program-for-statewide-recycling-act/ — retrieved 2026-09-22
• EPR Atlas: “EPR Fees by State 2026” — https://epratlas.com/epr-fees-by-state/ — retrieved 2026-09-22

Data/compliance support only — not legal advice. Recheck CAA Colorado and CDPHE before relying. To request a fit check: alex@producerledger.com.