"Under a ton" is not one exemption: tonnage and revenue tests by state

The most common shortcut in EPR conversations — “we’re under a ton, so we’re out” — fails because there is no single ton test. Each state defines its own inputs, units, revenue basis, and application process.

State by state (shorthand only — run the full screen)

  • California: sub-$1M California gross-annual-sales small-producer path, with an application/registration process. No general one-ton test. Exemption is never assumed.
  • Oregon: under 1 metric ton into Oregon or under $5M global gross revenue, subject to associated-producer rules.
  • Colorado: under 1 dry short ton into Colorado or below the annually CPI-adjusted global-revenue threshold (confirm the current July 1 figure).
  • Maine: under 1 ton into Maine or a revenue threshold that steps down ($5M temporary, then $2M) — timing is contract-dependent while no stewardship organization is contracted.
  • Minnesota: under 1 ton into Minnesota or under $2M global gross revenue.
  • Maryland: under 1 ton into Maryland or under $2M global gross revenue.
  • Washington: under 1 ton or under $5M global gross revenue or the agricultural-employer prong in RCW 70A.208.020(16).

Operational rules from this practice

  1. Store mass in kilograms and pounds and attach the state-specific conversion rule used.
  2. Record the revenue figure’s geographic basis and fiscal/calendar year exactly as the state requires.
  3. “OR” between tonnage and revenue prongs applies unless current authority says otherwise — but revenue location/basis and aggregation rules differ, so verify per state.
  4. Near-threshold cases go to the client or counsel with evidence, never to a silent “not applicable.”

Sources (retrieved 2026-09-21)

Data/compliance support only — not legal advice. Thresholds change; confirm current authority before relying.