Program Enforcement Alert from CAA at ACI's EPR Think Tank

American Conference Institute (ACI)’s second extended producer responsibility (EPR) Think Tank in New York City is gaining traction as “the” leading conference for EPR packaging programs.  This year’s conference, held January 26th - 28th in New York City (notwithstanding inclement weather and several remote attendees), included industry leaders, trade associations, and presentations from leading practitioners in the field, including representatives from DLA Piper, Nixon Peabody, Perkins Coie, Alston & Bird, Sheppard Mullin, Environmental General Counsel, and many others.   

The pre-conference workshop, co-presented by EPR Group Consulting and Barley Snyder, involved a lively exchange, with attendees and presenters exchanging compliance challenges and tips.  Also at the event and presenting on enforcement were regulators from four state programs.  Separately, Circular Action Alliance (CAA), the producer responsibility organization (PRO) for several states that have selected a PRO for their EPR packaging programs, participated in a different panel.  

Top of mind for many practitioners and producers is whether producers that register late may evade fees assessed against those that registered and reported on time.   

Geoffrey Inch, Senior Vice President of Producer Services at CAA, reaffirmed at the ACI Think Tank CAA’s position that EPR programs are built on statutory and regulatory compliance timelines established by state programs and that CAA works to support producers in meeting those obligations.  According to Inch, producers that register after applicable deadlines remain responsible for meeting obligations under the law, which may include back-reporting and payment of fees associated with periods in which they had an obligation, as well as applicable late reporting charges. Inch emphasized that this approach reflects core program principles of fairness and helps ensure that late registration does not create a disadvantage for producers that comply on time.  

Several EPR deadlines have already passed, and other registration and reporting deadlines are coming soon. CAA communicated key dates for California in 2025, which allowed for registration and reporting to CAA by November 15, 2025. California’s proposed regulations, just reissued January 29, 2026 for a 15-day comment period after being withdrawn earlier in the month, require registration and reporting of data within thirty (30) days after the effective date of the regulations – likely in spring 2026. 

Companies who have not yet registered with CAA should assess potential reporting obligations and financial impacts associated with delayed registration.