Oregon Court Upholds Extended Producer Responsibility Law
Published Friday, September 25, 2026
A federal court in Oregon has upheld the state’s Extended Producer Responsibility, or EPR, law for plastic packaging and paper products, allowing the program to remain in effect while a potential appeal is considered. The decision is one of the first federal court rulings addressing the constitutionality of an EPR program for single-use plastic packaging.
Oregon’s law requires producers of covered packaging, paper products and certain food service ware to report the products they supply into the state, participate in a Producer Responsibility Organization and pay fees based on the volume of covered products. The court rejected challenges arguing that the law unfairly burdens interstate commerce or gives too much authority to the organization that administers the program.
For farmers and ranchers, the ruling is most relevant to those who package, distribute or sell products into Oregon and could fall under the state’s definition of a covered producer. Businesses operating solely in California are not automatically subject to Oregon’s requirements.
The decision could also be significant as other states implement or defend their own EPR programs. With California’s Senate Bill 54 beginning implementation next year, Farm Bureau will continue to monitor developments in Oregon and other states and how they may affect California farmers and ranchers. As California’s EPR requirements take effect, agricultural businesses should be aware of potential changes involving packaging, reporting, fees and other compliance responsibilities.
Staff contact: Daniella Legostaev, dlegostaev@cfbf.com.
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