There are two types of producer exemptions under the Recycling Modernization Act – the small producer exemption and covered product exemptions. This webpage is intended to provide information to producers and respond to frequently answered questions about both types of exemptions.
Small Producer Exemption
Small producer status, which can be qualified for in seven different ways (see ORS 459A.863(32)(a)-(g)), confers wholesale liberation from producer obligations under the RMA – small producers need not register with a PRO, report supply data, or pay fees to the PRO, although DEQ recommends that producers that are close to the de minimis thresholds go ahead and register with and report to the PRO. These producers will only be charged fees by the PRO in years for which they are above the thresholds.
Covered Product Exemptions
Covered product exemptions, meanwhile, are product-specific exemptions that exclude a given type of packaging, printing and writing paper, or food serviceware from the definition of “covered product," meaning that producers need not pay producer fees for them and, in most situations, need not report their supply to the PRO.
The exemptions, listed in statute at ORS 459A.863(6)(b)(A)-(R), and in rule at OAR 340-090-0840(2), differ from one another in terms of their scope, with
- some exemptions defined broadly, e.g. encompassing all types of packaging (primary, secondary, tertiary) and other covered products (e.g. printing and writing paper) associated with a particular product and/or encompassing an entire class of products independent of where they are sold and the end-of-life management of the associated covered products. An example of such an exemption that is broadly-defined is the exemption for drug packaging at ORS 459A.863(6)(b)(M).
- some exemptions defined narrowly – for example,
- many of the exemptions are limited to the primary packaging of a particular product only (see as an example the exemption for beverage containers covered under the Bottle Bill at ORS 459A.863(6)(b)(A); it does not include secondary or tertiary packaging),
- some exemptions are limited on the basis of where the product is sold, to whom it is sold, or how it is used (for example, the exemption for items used or sold on a farm at ORS 459A.863(6)(b)(K)), and
- some exemptions are limited on the basis of how the associated covered products are managed following consumer use (for example, the exemption at ORS 459A.863(6)(b)(for architectural paint containers is limited to those containers that are collected through the paint stewardship program).
Producers are encouraged to, when assessing whether or not their products qualify for an exemption, read the statutory and/or rule language of the exemption in question carefully to determine what is and is not included, rather than making assumptions.
Producers generally apply the exemptions in their supply reporting to the PRO by excluding the supply volumes of exempt products from their reports. The exemption for privately-recycled materials at ORS 459A.863(6)(b)(G) / ORS 459A.869(13), with further clarification at OAR 340-090-0840(3), is an exception to this protocol in that producers must report their gross supply to the PRO in their supply reporting (e.g. they must include volumes that potentially qualify for this exemption). Following the determination of exemption amounts by DEQ, the PRO applies the deductions when invoicing producers for fees.
See more about this particular exemption below.
Exemption for Private Recycling: Claim Submittal Window Now Open
Pursuant to ORS 459A.869(13)(a), a producer can successfully claim a covered product exemption if it can demonstrate to DEQ that its material meets the three statutory criteria:
- Is collected through a non-Opportunity to Recycle (private) collection program; and
- Is not separated at a commingled recycling processing facility; and
- Is recycled at a responsible end-market.
A window for producers to submit claims for this exemption opened on Jan. 6, 2026, with the resultant exemptions to be applied by CAA to 2027 fees. The window for claim submittals will close on March 31, 2026, at 5pm PT.
In its claim form, producers should provide information on the collection, disposition and recycling of its privately-recycled materials in 2025. DEQ will review the information in spring 2026 and communicate its determinations to applicant producers and to CAA by June 15, 2026. CAA will then apply the exemptions to producer fee invoices for the 2027 fee year.
Prospective applicant producers are encouraged to prepare to claim an exemption by reviewing the webinar Understanding the Covered Product Exemption under ORS 459A.869(13) in Oregon's Packaging EPR Program, which was conducted on Feb. 4, 2025.
The webinar lays out the steps a producer should take for claiming an exemption via one of three pathways: Passive, Limited-Active, and Active. For the 2026 Covered Product Exemption process, the 2025 pooled volumes to be used with the Passive and Limited-Active pathways are as follows:
- Tertiary corrugated cardboard – 215,872 tons
- Non-consumer pallet wrap – 7,876 tons
- Shredded paper – 12,703 tons
The forms to be used by producers to submit claims for exemptions are here:
-
Updated Claim Form
- Responsible End Market Self-Attestation form – note: in 2025 DEQ will take a stricter approach to review and approval of self-attestation forms – i.e., completed forms signed by authorized representatives must be provided for all downstream facilities (including brokers and secondary processors) up through to the end-market and other disposal facilities that receive the materials for which the exemption is claimed, and each form must include supporting documentation listed as “required" on pg 3 of the self-attestation form in order to be considered complete.
A previous window for claim submittals for this exemption for the 2025 and 2026 fee years closed on March 28, 2025.
Updates
Periodically DEQ will implement ORS 459A.863(6)(b)(R), a placeholder for additional exemptions from “covered product" in rule, as a part of rulemaking processes.
The third rulemaking for the Recycling Modernization Act is taking place from September 2025 through until early 2027, and is encompassing consideration of additional exemptions in rule. The first step in the process was solicitation of exemption requests from producers and other interested parties.
The window for submission of exemption requests was open Oct. 1 - Oct. 31, 2025. Requestors used this form to request exemptions. Requests underwent evaluation by DEQ, which presented its evaluations to and consulted with the Recycling Council prior to generating a rule concept for the consideration of the Rulemaking Advisory Committee at its Jan. 27, 2026 meeting.