Short answer: Beauty and personal care brands are generally treated like any other brand owner under the seven state packaging EPR laws: if you own the brand on packaging supplied into California, Colorado, Oregon, Washington, Maryland, Minnesota or Maine, you should assume you may be the obligated producer unless an exemption applies. Cosmetics are not broadly exempt. What makes beauty harder is the data: small multi material components, decorated packaging, kits and samples that suppliers rarely document at the level reporting requires.
Why beauty brands carry more EPR work per SKU
A single serum or foundation can include a glass or plastic bottle, a pump or dropper with mixed materials, a label, a decorated folding carton, a shipper and sometimes a sample sachet. Every component needs a material, a format and a weight, and every value needs a source. Gift sets and kits multiply that work because one SKU can contain several packaging configurations. We cover the most common gaps in detail in packaging data gaps in beauty and personal care.
Where each state stands for a beauty brand
| State | Where the program stands |
|---|---|
| California | Permanent regulations in effect since May 2026; CAA's plan under CalRecycle review. |
| Colorado | Participation required to sell since July 2025; annual dues since January 2026. |
| Oregon | Operating since July 2025; prior year supply data due to CAA every May 31. |
| Washington | CAA membership required since July 1, 2026; 2027 early fees published. |
| Maryland | COMAR 26.04.14 in effect; CAA registration was due May 31, 2026. |
| Minnesota | Needs assessment phase; producer funding from February 2029. |
| Maine | Rules adopted; schedule on hold while DEP revises its stewardship organization solicitation. |
Producer questions that come up in beauty
- Contract manufacturers. In most state laws the brand owner sits at the top of the producer hierarchy, even when a contract manufacturer fills and packs the product. The contract manufacturer usually holds the component specifications you need, so supplier follow up becomes part of compliance.
- Retail partners. Selling through a specialty beauty retailer does not usually move the obligation to the retailer for your branded products. Private label products made for a retailer need a closer reading of each state's definitions.
- OTC products. Several states, Maryland among them, exempt packaging for products regulated by FDA as drugs. Whether a sunscreen, acne treatment or other OTC product qualifies depends on each state's definitions and should be confirmed, not assumed.
- Small producer thresholds. Thresholds differ by state. California describes a small producer exemption for producers with gross annual sales under $1 million; Maryland excludes producers under one ton of covered material in the state or under $2 million in global gross revenue. Check each state guide for the details.
Packaging data a beauty brand will need
- A SKU list with brand ownership, channels and the states each SKU reaches.
- Component level specs: material and resin type, format and weight for bottles, jars, pumps, droppers, caps, labels, cartons, inserts and shippers.
- Kit and gift set bills of materials, including sample and travel sizes.
- Units sold or shipped into each EPR state by SKU for the reporting year.
- Supplier and contract manufacturer contacts for every component you cannot document yet.
How CertaRelay helps beauty brands
- Collect missing component weights, resins and decoration details from suppliers and contract manufacturers.
- Map every SKU, kit and component into one packaging record you own.
- Allocate units by state and prepare reports for your approval.
- Track deadlines and forecast fees as states publish rates.
Frequently asked questions
Are cosmetics exempt from packaging EPR laws?
No. Cosmetics are not broadly exempt in the state packaging EPR laws. Some states exempt packaging for FDA regulated drugs, which can matter for certain OTC products, but each exemption has its own definitions and should be confirmed.
Who is the producer if a contract manufacturer makes our product?
In most states the brand owner is first in the producer hierarchy, so a brand that uses a contract manufacturer should generally assume the obligation sits with the brand. Private label and licensed products need a closer look.
Do samples and gift sets count?
Their packaging generally needs to be accounted for like any other packaging supplied into a state. Kits are often the hardest SKUs to report because one product can contain several packaging configurations.
Does our retailer report our packaging for us?
Usually not for products sold under your own brand. Retailers are typically responsible for their own private label products. Confirm your status with CAA or the state program.