Private Label & Store Brands: Who Files EPR?

Table of Contents

1. 1.The "Producer" Hierarchy
2. 2.Why the Brand Owner Is Usually the Producer
3. 3.When the Manufacturer or Importer Is Responsible Instead
4. 4.Avoiding Double-Counting in the Supply Chain
5. 5.Marketplaces Add Another Layer
6. 6.A Practical Checklist for Private Label Programs
7. 7.Ready to sort out who reports what?

Private label and store brand products create one of the most common points of confusion in packaging EPR: when a retailer sells a product under its own brand but a third party manufactures it, which company is the "producer" responsible for registering, reporting, and paying fees? Getting this wrong means either double reporting or a compliance gap.

The "Producer" Hierarchy

Most EPR laws define the producer using a hierarchy, generally landing on the entity that owns the brand under which the product is sold, or the first entity to place the product on the market in the jurisdiction. The hierarchy is designed to assign responsibility to the party best positioned to influence the packaging that ends up in the waste stream. For private label goods, this usually points to the retailer whose name appears on the package, not the contract manufacturer that filled it.

The typical hierarchy starts with the brand owner, then moves to the importer if the brand owner has no domestic presence, then to the distributor or retailer that first makes the product available in the jurisdiction, and finally to the manufacturer if no other obligated party exists. The exact order and wording varies by statute, but the intent is consistent: assign the obligation to the party that controls the packaging decision and captures the commercial benefit of the sale.

Why the Brand Owner Is Usually the Producer

The policy logic behind EPR is that the brand owner controls packaging design decisions, including material selection, format, recyclability, and weight. Because the brand owner has the power to make packaging more sustainable or more difficult to recycle, EPR assigns the financial and reporting responsibility to that party. This creates an incentive to design packaging that is easier to recover and less costly to manage at end of life.

For store brands, the retailer is effectively the brand owner. The retailer specifies the packaging requirements, chooses the material, approves the supplier's design, and places its own trademark on the shelf. Even though a separate manufacturer produces the item, the retailer is the entity whose decisions shape the packaging footprint. As a result, the retailer typically carries the producer obligation, registers with the relevant Producer Responsibility Organization, and files the required reports.

This outcome is consistent across most jurisdictions that use a brand owner first hierarchy. The producer is not necessarily the company that physically makes the package; it is the company whose brand identifies the product in the market.

When the Manufacturer or Importer Is Responsible Instead

Exceptions arise when the brand owner has no legal presence or taxable entity in the jurisdiction. In that case, the hierarchy shifts down to the next party with a domestic footprint. If the retailer importing the product is also the brand owner and has no local entity, the importer of record may become the obligated producer. The same logic applies to contract manufacturers that sell directly into a market under a white label arrangement where no brand owner is identifiable.

The exact hierarchy order varies by jurisdiction. Some statutes place the importer ahead of the distributor, while others place the first domestic seller ahead of the importer. Some laws draw in franchisors, marketplace operators, or fulfillment intermediaries when the traditional producer is outside the jurisdiction. The key point is that the obligation does not automatically follow the manufacturing contract. It follows the statutory hierarchy, which is why the analysis must be done jurisdiction by jurisdiction rather than company by company.

Avoiding Double-Counting in the Supply Chain

The biggest operational risk in private label programs is that both the contract manufacturer and the retailer report the same packaging, or that neither does. Double reporting inflates fees and creates data inconsistencies that regulators and PROs can flag during audits. A reporting gap creates a compliance exposure that can result in penalties, market access restrictions, and unexpected true-up invoices.

The cleanest solution is a clear contractual allocation of EPR responsibility. Supply agreements should specify which party registers as the producer, which party compiles the packaging data, and which party submits reports. The agreement should also address how data is exchanged, including material weights, recyclability classifications, recycled content percentages, and format-level details. This is especially important when the same manufacturer produces packaging for multiple retailers, each with its own material specifications and reporting obligations.

Accurate packaging data is the foundation of any workable allocation. Both parties need to agree on what is in scope, how it is measured, and which jurisdiction's rules apply. Misaligned assumptions about the producer definition are a common source of disputes once a program moves from planning to reporting.

Marketplaces Add Another Layer

Private label goods are also sold through online marketplaces, which adds complexity to the producer analysis. When a marketplace operator controls the transaction, fulfillment, and branding, some jurisdictions may treat the marketplace as the obligated party or as a jointly obligated intermediary. The interaction between marketplace rules and private label rules is still evolving, and the outcome depends on which party is deemed to first place the product on the market.

For a deeper look at how marketplace obligations are developing, see our guide to marketplace producer obligations on Amazon, Walmart, and eBay. The core principle is the same: identify the party that controls the brand and the first sale in the jurisdiction, but marketplaces can add a counterparty that regulators may also target.

A Practical Checklist for Private Label Programs

Private label compliance works best when the producer question is answered before reporting deadlines arrive. A practical program should include the following steps:

• Confirm who holds the brand and trademark for each product line in every jurisdiction where it is sold.
• Map the jurisdiction specific producer hierarchy, including brand owner, importer, first domestic seller, and any special rules for retailers or marketplaces.
• Assign EPR responsibility contractually and document that allocation in a way that both parties can produce for audits or PRO inquiries.
• Exchange accurate packaging specifications between manufacturer and retailer, including material weights, formats, recyclability classifications, and recycled content claims.
• Register and report in each jurisdiction where the private label program meets the relevant thresholds.

Thresholds are a related but separate question. For guidance on how de minimis rules affect small producers, see our article on small producer thresholds across the UK, EU, and US. For a broader overview of how EPR works across jurisdictions, see our introduction to what is EPR.

Ready to sort out who reports what?

Private label and store brand portfolios can span dozens of product categories, multiple manufacturers, and several jurisdictions. The producer question is the same in every case, but the answer changes based on brand ownership, legal presence, and local hierarchy rules. Packgine helps retailers and brands map producer responsibility and packaging data across their private label portfolios, so each SKU is assigned to the right entity and reported correctly. Contact our team to see how the platform handles private label compliance from registration through reporting.

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