Tonnage tests differ by state

Alexander BenderskiProducer Ledger · retrieved dates in Sources below

“We sell less than a ton of packaging, so we don’t have to file.” That single assumption has caused more unintended non-compliance than almost any other misconception in state packaging EPR.

The reality is that there is no universal “one-ton” exemption in the United States. Each state legislature has created its own statutory framework with different mass units, different revenue baselines, different corporate aggregation rules, and distinct administrative processes.

California, for instance, has no general one-ton threshold at all. Oregon tests producers using metric tons. Colorado evaluates packaging in dry short tons. Attempting to apply one state’s rule of thumb across state lines often leads companies to false conclusions, creating compliance risks for the executives who sign annual corporate declarations.

State by state threshold comparison

These summaries provide general orientation rather than formal legal advice. Statutory thresholds, annual inflation adjustments, and filing procedures evolve over time, so always confirm current administrative rules before relying on any specific figures:

  • California: Provides a small-producer pathway for entities with under $1M in California gross revenue, but requires an administrative verification process. There is no general one-ton packaging exemption. Relief must be formally approved rather than assumed.
  • Oregon: Offers an exemption for producers supplying under 1 metric ton of covered product into Oregon annually, or generating less than $5M in global gross revenue, subject to associated-producer corporate aggregation rules.
  • Colorado: Applies a threshold of under 1 dry short ton (2,000 lb) supplied into Colorado, or global revenue below an annually CPI-adjusted baseline.
  • Maine: Established a general threshold of under 1 ton into Maine, or annual revenue below $2M (temporarily under $5M during initial program years), alongside specific carve-outs for perishable foods. Program launch details remain contingent on stewardship organization contracting.
  • Minnesota: Applies to producers supplying under 1 ton into Minnesota or generating less than $2M in global gross revenue.
  • Maryland: Establishes a threshold of under 1 ton into Maryland or under $2M in global gross revenue.
  • Washington: Generally exempts producers supplying under 1 ton into the state, generating under $5M in global revenue, or qualifying under specific agricultural employer provisions.

The critical trap is the unit of measurement. Oregon’s metric ton equals approximately 2,204.62 pounds, while Colorado’s dry short ton is exactly 2,000 pounds. That 204.62-pound difference can determine whether a fast-growing brand is legally required to register and pay dues.

How we evaluate threshold readiness

  1. Dual-unit tracking: We store component and category weights in both kilograms and pounds simultaneously, documenting the exact mathematical conversion factors used so third-party reviewers can replicate the calculations.
  2. Clarifying the revenue baseline: Different states look at different revenue numbers. California evaluates in-state revenue, while other states look at global gross revenue; some states align with calendar tax years while others use fiscal years. We cite the specific statutory source and retrieval date for each revenue test.
  3. Evaluating disjunctive criteria: Many state laws establish tonnage or revenue criteria, but corporate relationship rules dictate whether parent companies, subsidiaries, and franchisors must be combined. We evaluate aggregation rules on a state-by-state basis.
  4. Flagging borderline cases for counsel: When a brand’s sales volumes sit close to statutory boundaries, we highlight the threshold proximity in an open issues register, ensuring company leadership and legal counsel can review the file before making formal filing commitments.

Producer Ledger provides technical data assembly: we calculate component tare weights, convert measurement units, verify sales figures, and map your volumes against published statutory thresholds. We do not provide formal legal opinions on whether a company is legally exempt — statutory exemptions involve formal administrative processes that belong with your qualified legal counsel.

Even for brands that fall well below reporting thresholds, completing a documented screen provides substantial value. It replaces unverified internal assumptions with a cited, verifiable workpaper that satisfies corporate auditors and gives the CFO confidence across every annual reporting cycle.

Sources (primary)

Data/compliance support only — not legal advice. Thresholds and CPI figures change; confirm current authority before relying. Near a threshold in any state? Request a fit check at alex@producerledger.com with the entity list and tonnage basis. Producer Ledger returns a cited screen with the decision owner named.

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