Penalty maximums are not invoices

One of the most common sales tactics in the packaging compliance market is the alarmist outreach message warning brand founders that they are “accruing $50,000 a day in state fines.”

Fortunately, that is not how administrative enforcement works. A statutory maximum penalty is not an automatic daily meter running against your company. It represents a theoretical ceiling that an agency or court may reach only after formal administrative notice, an opportunity to cure, hearing procedures, and specific factual findings.

Here is an objective look at what the packaging EPR statutes actually say about penalties across the major program states, including the procedural conditions attached to each:

What the statutes actually say

• California (SB 54): Fines can reach up to $50,000 per day per violation — or up to $25,000 per day for entities qualifying under small-business revenue criteria. Crucially, penalties against a covered producer or PRO do not begin accruing until 30 calendar days following formal administrative notice (California Public Resources Code §42081). If no notice has been issued, no penalty clock is running.
• Oregon: Failure to register or join an approved PRO can be classified as a Class 1 civil violation, with penalties up to $25,000 per day (ORS chapter 459A). While Oregon DEQ publishes a quarterly producer status list flagging uncommitted brands, a listing represents a dated administrative checkpoint, not a formal adjudication of liability.
• Colorado: Imposes tiered administrative penalties under C.R.S. §25-17-715, starting at $5,000 plus $1,500 per continuing day for initial offenses, escalating for repeat violations. State sales prohibitions often pose a more immediate commercial risk than monetary fines.
• Minnesota: Establishes penalty tiers of up to $25,000 per day, rising to $50,000 and $100,000 for repeat violations within specified statutory timeframes (Minn. Stat. §115A.1462), subject to administrative notice and appeals.
• Maryland: Sets tiered civil penalties of $5,000 for a first violation, $10,000 for a second, and $20,000 for third and subsequent violations (Environment §9-2512), following administrative process.
• Washington: Permits penalties of up to $1,000 per violation per day, increasing up to $10,000 per day for subsequent violations (RCW 70A.208.230), with formal notice and cure provisions.
• Maine: Maine’s packaging statute does not establish a uniform daily dollar fine for producers prior to program launch. The law emphasizes eventual retail sales restrictions and public compliance lists once stewardship contracts are finalized.

Operating note: evaluating penalty claims

Statutory maximums cited without administrative context or legal review tend to create unnecessary alarm. If an external service or vendor cites a large penalty figure to encourage quick engagement, we recommend asking three straightforward questions:

1. Which specific statutory section and subsection is being cited?
2. Has the state agency issued a formal written notice of violation to your legal entity?
3. Has your legal counsel confirmed that your company meets the statutory definition of a covered producer?

If those questions cannot be answered, the number being quoted is marketing pressure rather than an active legal exposure.

Sources (primary)

• PRC §42081 (California penalties, notice delay, small-entity cap) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sectionNum=42081 — retrieved 2026-09-22
• ORS chapter 459A (Oregon producer duties, violation classification) — https://www.oregonlegislature.gov/bills_laws/ors/ors459a.html — retrieved 2026-09-21
• HB 22-1355 (Colorado statute, dues, program, penalties) — https://leg.colorado.gov/bills/hb22-1355 — retrieved 2026-09-22
• Minn. Stat. §115A.1462 (Minnesota enforcement tiers) — https://www.revisor.mn.gov/statutes/cite/115A.1462 — retrieved 2026-09-22
• SB 901 enrolled text (Maryland program law) — https://mgaleg.maryland.gov/2025RS/bills/sb/sb0901t.pdf — retrieved 2026-09-21
• RCW 70A.208.230 (Washington enforcement) — https://app.leg.wa.gov/RCW/default.aspx?cite=70A.208.230 — retrieved 2026-09-22
• 38 M.R.S. §2146 (Maine program, assignment, lists) — https://legislature.maine.gov/statutes/38/title38sec2146.html — retrieved 2026-09-22
• CAA producer policies (registration, reporting, payment, delinquency process) — https://circularactionalliance.org/producer-policies — retrieved 2026-09-22

Further reading (secondary, verify before citing)

• Packaging Dive: “Paying their fair share: CAA and states on enforcement” — CO full-responsibility vs. OR joint-responsibility, PRO noncompliance reporting, record-inspection authority — https://www.packagingdive.com/news/extended-producer-responsibility-registration-enforcement-compliance-caa/728779/ — retrieved 2026-09-22

Data/compliance support only — not legal advice. Maximums are not invoices. Confirm current authority with counsel before relying. If someone told you that you owe a penalty, request a fit check at alex@producerledger.com with what they cited and Producer Ledger will show what the section actually says.