EPR penalties: what the statutes actually say (and what they do not say)
Penalty maximums are real statutory text. They are not invoices, and they do not accrue against a specific company without the applicable notice, process, and facts.
Per-state maximums (statute, at last review 2026-09-21)
- California (SB 54): up to $50,000 per day per violation — or $25,000 for entities meeting the cross-referenced small criteria (PRC §42081). Penalties against a producer/PRO do not begin accruing until 30 calendar days after notice.
- Oregon: failure to register or join a PRO can be a Class 1 violation, up to $25,000 per day. DEQ publishes a dated producer status list — describe exactly how the list labels the company, never “offender.”
- Colorado: tiered administrative penalties under C.R.S. §25-17-715 — can start at $5,000 plus $1,500 per continuing day and rise for repeat violations; sales restrictions also matter.
- Minnesota: up to $25,000 per day, rising to $50,000 and $100,000 for repeat violations within the statutory window (§115A.1462). Do not claim no penalty can accrue before plan approval.
- Maryland: $5,000 first, $10,000 second, $20,000 third/subsequent violation (Environment §9-2512), after the applicable process.
- Washington: up to $1,000 per violation per day, rising to $10,000 for second/subsequent violations (RCW 70A.208.230).
- Maine: do not quote a packaging-penalty yearly ceiling — it was not substantiated in the packaging statute reviewed. The statute provides eventual sales restrictions and public compliant/noncompliant lists once an SO contract starts the timeline.
Why this note exists
This practice never puts a penalty amount in a first outreach email. Maximums without notice history, entity facts, and counsel review mislead more than they motivate.
Sources (retrieved 2026-09-21)
- PRC §42081 via SB 54 text — https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB54
- ORS chapter 459A — https://www.oregonlegislature.gov/bills_laws/ors/ors459a.html
- HB 22-1355 — https://leg.colorado.gov/bills/hb22-1355
- Minn. Stat. §115A.1462 — https://www.revisor.mn.gov/statutes/cite/115A.1462
- SB 901 enrolled text — https://mgaleg.maryland.gov/2025RS/bills/sb/sb0901t.pdf
- RCW chapter 70A.208 — https://app.leg.wa.gov/RCW/default.aspx?cite=70A.208&full=true
- 38 M.R.S. §2146 — https://legislature.maine.gov/statutes/38/title38sec2146.html
Data/compliance support only — not legal advice. Confirm current authority before relying.