Do Packaging EPR Laws Apply to Your K-Beauty Brand? A Regulatory Check

Your Korean manufacturer fills the bottles, but state packaging laws look past the factory to the name on the label. A growing group of US states now makes brands pay for the recycling system that handles their cartons, bottles and pumps.

Most small K-beauty brands are exempt or can apply for an exemption. But the tests differ by state, and a separate California label law applies either way. Here is the order of checks, not a verdict.

What Is Packaging EPR, and Which States Have It?

Packaging EPR (extended producer responsibility) is a state law that makes the companies selling packaged products into a state pay for collecting and recycling that packaging. Seven states have one: California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington, per a February 2026 Hogan Lovells overview.

Producers usually comply through a producer responsibility organization. A PRO is the nonprofit that registers producers, collects their packaging data and bills fees by material. Circular Action Alliance is Oregon's only approved PRO, and it has been allowed to charge fees there since July 1, 2025 (Oregon DEQ).

California's permanent SB 54 regulations took effect on May 1, 2026. Producers had until June 1 to join the PRO, register independently, or register and apply for the small producer exemption (Holland & Knight alert). The other five states run on their own calendars.

EPR is separate from the 2027 ingredient bans in California AB 496 and Washington and from hazmat rules for flammable skincare. Those cover what is in the bottle and how it ships. EPR covers the bottle, cap and box.

Your Brand, Not Your Korean Factory, Is Usually the Producer

The producer is usually the company that owns the brand on the label. Oregon's guidance says manufacturing “encompasses directing manufacturing by simple contract,” so a US brand that hires a Korean ODM counts as the brand-owning manufacturer (Oregon DEQ producer summary).

If no brand-owning manufacturer is located in the US, Oregon names the company that imports the packaged item into the country. For online orders, whoever packs and ships the order is the producer of the shipping box.

Other states work much the same way. The Hogan Lovells overview says the producer defaults to the brand owner, then to a licensee, importer or distributor. Selling through someone else does not take you out.

That last row matters for small brands. Oregon allows a written handover of the obligation to another company in the supply chain. Get it in writing, product by product.

Is Your Brand Small Enough to Be Exempt?

Many indie brands qualify as small producers, but each state words its test differently. Oregon's exemption applies on its own once you meet a test, while California's is an application you file after registering.

Oregon DEQ's summary, checked on November 13, 2026, exempts entities that “had gross (global) revenue of less than $5 million in their most recent fiscal year, or sold in or into Oregon less than one metric ton of covered products in the most recent calendar year” (DEQ summary).

Note the word global: the revenue test counts your whole company. DEQ's FAQ adds that associated producers are counted together (DEQ exemptions FAQ). Small producers skip PRO registration, reporting and fees, though DEQ suggests registering if you are near a threshold (DEQ exemptions page).

CalRecycle's page reads, as checked on the same date: “Small producers with gross annual sales of less than $1 million may apply to be exempt from most of the law’s reporting and fee requirements” (CalRecycle exemptions page). You register first in PEPRS, CalRecycle's reporting system, then file the application. The page also tells small producers to plan for recyclable or compostable packaging by 2032.

New to California? A company that becomes a producer before January 1, 2027 has 30 days to register. After that date, it has six months, per the same Holland & Knight alert.

SB 343 Changes What a California Label Can Say

SB 343 is California's truth-in-recycling law, and it reaches your label whether or not you owe EPR fees. It bars the chasing arrows symbol, the word recyclable and instructions to recycle unless the material qualifies as recyclable in California under CalRecycle's published data.

The rules apply to products and packaging made on or after October 4, 2026. Older stock can sell through with its existing labels (October 2026 law firm alert). The same alert reports a federal preliminary injunction, issued July 14, 2026, that blocks enforcement while the case proceeds. The law still stands, and the order can be lifted.

Two details catch K-beauty packaging. Rigid plastic bottles sold in California still need a resin identification code, but the code should not sit inside chasing arrows unless the item qualifies. And artwork adapted from a Korean-market version can carry recycling marks made for Korea's own rules.

If you keep any recyclability claim, keep a file behind it: supplier specs, material type and form, inks, labels, adhesives and the CalRecycle data you relied on.

What Order Should You Run the Checks In?

Run six checks in order, one state at a time, and record the date and numbers you used. Stop when a state is settled, but keep the record.

1. List every state you sell into. Count online orders and sales through retailers or distributors, not just your home state.
2. Name the producer for each product. Is it your company as brand owner, or a licensee or importer?
3. Check for a written handover. If a distributor has agreed to register as producer, keep the agreement and its registration record.
4. Run each state test in its own words. Use your latest fiscal year for revenue and the latest calendar year for sales and weight.
5. File what the state asks for. An Oregon small producer files nothing. In California, register in PEPRS and apply within your deadline.
6. Check California labels for SB 343. Do this even if you are exempt from EPR fees, and recheck the court case on a set date.

Repeat the checks every year, and whenever you add a state, a retailer or a large new line.

Exempt Today Still Means Packaging Decisions Now

An exemption covers this year's fees and reports, not the packaging you lock in for years. Oregon's fees follow the quantity and type of each material, per the DEQ summary, so the materials you approve with your ODM shape your future bill.

Skincare packaging stacks several materials into one unit: a bottle, a pump or dropper, a cap, a label and often a carton. Each one is a line in a weight-based report.

1. Cut components you do not need. An outer carton or plastic insert adds a material to report later.
2. Keep PFAS out of plastic and fiber packaging. Under SB 343, intentionally added PFAS in plastic or plant-fiber packaging rules out a recyclability claim.
3. Get a spec sheet for every component. Material, weight, inks and adhesives are what you will report once you pass a threshold.
4. Plan for the 2032 rule in California. Packaging sold there must be recyclable or compostable by 2032, exemption or not.

Format choices drive most of this. Our guide to Korean ODM packaging formats compares tubes, pumps, droppers and jars. The 2027 shift to solid, refill and multi-use formats covers formats that use less material.

What Should You Ask Your Korean ODM and Packaging Supplier?

Ask for the data you will need to report before you approve the packaging, when it is easiest to get. Five requests cover most of it.

1. A component list per SKU, with material and weight for the bottle, cap, pump or dropper, label and carton.
2. Written confirmation from each component supplier on intentionally added PFAS.
3. The inks, adhesives and label materials used, since these can affect a recyclability claim.
4. Final artwork with every symbol and recycling mark listed, so you can drop any that fail in California.
5. The name of the company acting as importer, if your brand owner sits outside the US.

For the import side of a US launch, see our FDA import guide for Korean skincare.

Frequently Asked Questions

Does my Korean ODM register for packaging EPR on my behalf?
Usually not. These laws look to the brand owner, or the importer when no brand owner is in the US, and a Korean ODM rarely fills either role. In Oregon, a US distributor can register as the producer for your products if you agree on it in writing.

Do online orders count when a state checks who sells into it?
Yes. Oregon's law covers products sold in or into the state, including online orders shipped there. The company that packs and ships the box is the producer of the shipping packaging, and the product packaging keeps its usual producer.

What records should I keep if I am a small producer?
Keep your latest fiscal-year revenue, your sales into each state, packaging weight by material and the date of each test. California ties its exemption to your gross sales in the state, so keep the source documents behind the totals.

Does the court order on SB 343 mean I can keep the chasing arrows?
Not safely. The July 2026 injunction pauses enforcement while the case proceeds, but it does not repeal the law and can be lifted. Plan California packaging made on or after October 4, 2026 as if the rule applies.

By Liz Song, K-beauty sourcing consultant.