EPR – Washington

On May 17, 2025, Washington Governor Bob Ferguson signed into law Senate bill 5284, to establish an Extended Producer Responsibility (EPR) program for consumer packaging waste.

SB 5284 establishes a producer responsibility program for glass, plastic, paper and metal packaging that requires producers of covered products to join a producer responsibility organization (PRO) that implements a program plan for recovering and recycling packaging waste that must be approved by the Washington Department of Ecology (Ecology).  Producers will be required to pay fees to the PRO to cover the costs for implementing, operating and enforcing the program.

Ecology is responsible for overseeing the program and appointing a 17-member Advisory Council to be staffed by the Department.  The Advisory Council is required to review all activities of the PRO(s) and to advise Ecology and the PRO(s) on implementation of the program.

Resources:

• Engrossed Second Substitute Senate Bill 5284 as passed by the legislature
• Final Bill Report E2SSB 5284 – Overview of the final legislation prepared by WA legislative staff.

• The law becomes effective on July 27, 2025.

• By January 1, 2026, each producer of packaging and paper products (PPP) must appoint a producer responsibility organization. By March 1, 2026, the Producers and Producer Responsibility Organizations must register with Ecology. During the first plan period, Ecology may not allow registration of more than one PRO, other than individual producers registering as PROs.
• By July 1, 2026, producers must be a member of a PRO or register as a PRO that will implement an individual plan.
• Beginning March 1, 2029, a producer not registered with a PRO or acting as an independent PRO may not introduce covered PPP into this state.
• By September 1, 2026, a PRO must make a one-time payment to Ecology, in an amount determined by the Department, to cover program costs through June 30, 2027. By March 31, 2027, annually thereafter, Ecology must determine the total annual registration fee to be paid by each PRO that is adequate to cover, but not exceed, the costs to implement, administer, and enforce the program.

Producer definition

Section 102 (29)(a), “Producer” means the following person responsible for compliance with requirements under this law for a covered material introduced into the state:

“(i)For items sold in or with packaging at a physical retail location in this state:

(A) If the item is sold in or with packaging under the brand of the item manufacturer or is sold in packaging that lacks identification of a brand, the producer is the person that manufactures the item;

(B) If there is no person to which (a)(i)(A) of this subsection applies, the producer is the person that is licensed to manufacture 2and sell or offer for sale to consumers in this state an item with 3packaging under the brand or trademark of another manufacturer or person;

(C) If there is no person to which (a)(i)(A) or (B) of this subsection applies, the producer is the brand owner of the item;

(D) If there is no person described in (a)(i)(A), (B), or (C) of this subsection within the United States, the producer is the person who is the importer of record for the item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state; or

(E) If there is no person described in (a)(i)(A) through (D) of this subsection, the producer is the person that first distributes the item in or into this state;

(ii) For items sold or distributed in packaging in or into this state via e-commerce, remote sale, or distribution:

(A) For packaging used to directly protect or contain the item, the producer of the packaging is the same as the producer identified under (a)(i) of this subsection; and

(B) For packaging used to ship the item to a consumer, the producer of the packaging is the person that packages the item to be shipped to the consumer;

(iii) For packaging that is a covered material and is not included in (a)(i) and (ii) of this subsection, the producer of the packaging is the person that first distributes the item in or into this state;

(iv) For paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher;

(v) For paper products not described in (a)(iv) of this subsection:

(A) If the paper product is sold under the manufacturer’s own brand, the producer is the person that manufactures the paper product;

(B) If there is no person to which (a)(v)(A) of this subsection applies, the producer is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state;

(C) If there is no person to which (a)(v)(A) or (B) of this subsection applies, the producer is the brand owner of the paper product;

(D) If there is no person described in (a)(v)(A), (B), or (C) of this subsection within the United States, the producer is the person that imports the paper product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper product in this state; or

(E) If there is no person described in (a)(v)(A) through (D) of this subsection, the producer is the person that first distributes the paper product in or into this state;

(vi) A person is the “producer” of a covered material sold, offered for sale, or distributed in or into this state, as defined in (a)(i) through (v) of this subsection, except:

(A) Where another person has mutually signed an agreement with a producer as defined in (a)(i) through (v) of this subsection that contractually assigns responsibility to the person as the producer, and the person has joined a registered producer responsibility organization as the responsible producer for that covered material under this chapter. If another person is assigned responsibility as the producer under this subsection, the producer under (a)(i) through (v) of this subsection must provide written certification of that contractual agreement to the producer responsibility organization. The following persons are not eligible to be the assigned recipient of responsibility as a producer under this subsection: (I) A person who produces an agricultural commodity introduced under the brand or trademark of another manufacturer or person; or (II) a distributor of a beverage sold in a beverage container; and

(B) If the producer described in (a)(i) through (v) of this subsection is a business operated wholly or in part as a franchise, the producer is the franchisor, if that franchisor has franchisees that have a commercial presence within the state.”

Covered Products include:

Packaging is defined as covering PPP (packaging and paper product) materials which includes plastic, glass, paper and metal and single-use items that facilitate food or beverage consumption.  Producers and PROs may also petition Ecology to temporarily exclude certain categories of packaging from being covered PPP.

Exempt Materials:

“Exempt materials” means materials, or any portion of materials, that are:

– Packaging for infant formula, as defined in 21 U.S.C. Sec. 9321(z);

– Packaging for medical food, as defined in 21 U.S.C Sec. 11360ee(b)(3);

– Packaging for a fortified oral nutritional supplement used by persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the International Classification of Diseases, tenth revision;

– Packaging for a product regulated as a drug, medical device, or dietary supplement by the United States food and drug administration, including associated components and consumable medical equipment, under the federal food, drug, and cosmetic act (21 22U.S.C. Sec. 321 et seq.), or a product regulated as a biologic or vaccine by the United States food and drug administration under the public health service act (42 U.S.C. Sec. 201 et seq.);

– Packaging for a medical equipment or product used in medical settings that is regulated by the United States FDA, including associated components and consumable medical equipment;

– Packaging for drugs, biological products, parasiticides, 30medical devices, or in vitro diagnostics that are used to treat, or 31that are administered to, animals and are regulated by the United 32States food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) and by the United States Department of Agriculture under the federal virus-serum-toxin act (21 35U.S.C. Sec. 151 et seq.);

– Noncompostable film plastic packaging used in direct contact 37with raw meat;

– Packaging for products regulated by the US EPA under the federal insecticide, fungicide, and rodenticide act (7 U.S.C. Sec. 136 et seq.);

– Packaging used to contain liquefied petroleum gas and are designed to be refilled;

– Packaging used to contain hazardous or flammable products classified by the 2012 federal occupational safety and health administration hazard communication standard, 29 C.F.R. Sec. 81910.1200 (2024), that prevent the packaging from being reduced or made reusable, recyclable, or compostable, as determined by Ecology;

– Packaging that is associated with products managed through a paint stewardship plan approved under chapter 70A.515 RCW;

– Excluded materials, as determined by the department under section 126 of this act;

– Used to protect or store a durable product for a period of at least 5 years;

– Packaging used for bulk construction materials;

Covered materials that:

– A producer distributes to another producer;

– Are subsequently used to contain a product and the product is distributed to a commercial or business entity for the production of another product; and

– Are not introduced to a person other than the commercial or business entity that first received the product used for the production of another product; and

Covered materials for which the producer demonstrates to Ecology that the covered material meets all of the following criteria:

– The material is not collected through a residential recycling collection service;

–  The material is recycled at a responsible market;

– The material is intended to be used and collected within a commercial setting;

– The producer annually demonstrates to Ecology that the material has had a state recycling rate of 65% for 3 consecutive years, until December 31, 2029.  Beginning January 1, 2030, the producer must demonstrate to Ecology every 2 years that the material has had a state recycling rate of at least 70% annually; or the producer annually demonstrates to the department that the material is directly managed by the producer and has had a reuse or recycling rate of 65% for 3 consecutive years, until December 31, 2029.  Beginning January 1, 2030, the producer must demonstrate to Ecology every 2 years that the material controlled by the producer has had a reuse or recycling rate of at least 70% annually; and if only a portion of the material sold in or into the state by a producer meets certain criteria, only the portion of the material that meets that criteria is an exempt material and any portion that does not any portion that does not meet the criteria is a covered material for purposes of this chapter.

How will the PRO determine fees to members?

By September 1, 2026, a PRO must make a one-time payment to Ecology, in an amount determined by Ecology, to cover program costs through June 30, 2027. By March 31, 2027, annually thereafter, Ecology must determine the total annual registration fee paid by each PRO that is adequate to cover, but not exceed, the costs to implement, administer, and enforce the program.

A PRO may charge member producers a fee using a method it determines to be equitable, so that the aggregate fees charged to member producers are sufficient to pay the PROs costs in full until the PRO has a plan approved by Ecology.  A PRO with an approved plan must annually collect a fee from each member producer that must:

• reflect program costs for the material type, net the commodity value;
• incentivize materials and designs that reduce environmental and human health impacts;
• prioritize reuse; and
• generate revenue sufficient to cover program operations.

Is there a bottle deposit law exemption in the EPR law? 

• Yes

Does Washington currently have a bottle deposit law?

• No

Additional Information:

Provides that it is the legislature’s intent that if a bottle deposit return system is enacted in the future, it will be harmonized with this law in a manner that ensures:

– Materials covered under that system are exempt from this chapter or related financial obligations are reduced;

– Colocation of drop-off collection sites is maximized;

– Education and outreach are integrated between the two programs; and

– Waste reduction and reuse strategies are prioritized between the two programs.

Any implementation of a bottle deposit return system must include a 2-year transition period before the expiration of the currently approved PRO plan and be conducted in a manner that does not create sudden and significant operational or financial disruption to the implementation of a PRO plan under this chapter, including recycling or reuse services plan provisions.

It also provides that during the first PRO plan implementation period that a group of producers representing a majority of a distinct covered material or packaging type may petition Ecology to consider an alternative collection mode.  This has the potential to allow for the establishment of a bottle return system and/or other efficient methods for collection of distinct materials and packaging types.

It further provides as a part of an independent review of the EPR program, a one-time ex-ante analysis of the draft PRO plan must be completed by to the PRO by January 31, 2029. This analysis must be informed by stakeholders. The independent review must begin prior to the 2028 PRO plan submission and must be completed in time to allow for consideration by the 2029 Legislature. The review must consider whether a bottle deposit return program could be established as a component to the PRO plan. Ecology must contract with an independent consultant to carry out 2 studies on a beverage container deposit return system: one that examines possible models for redemption sites and another that examines the potential program design for a bottle deposit return program.

Is there a small producer exemption?

• Yes

“Producer” does not include:

Government entities; registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations; or de minimis producers.

“De minimis producer” means a producer that:

In their most recent fiscal year introduced less than one ton of covered materials;

Has a global gross revenue, not including on-premises alcohol sales, for the prior fiscal year of:

• Until January 1, 2031, less than $5,000,000; or
• Beginning January 1, 2031, less than $5,000,000, as adjusted for inflation. Ecology must use the consumer price index for urban wage earners to calculate the annual rate of inflation adjustment effective January 1st of each year, beginning January 1, 2031; or

Is an agricultural employer, as defined in RCW 19.30.010, regardless of where the agricultural employer is located, with less than $5,000,000, as adjusted for inflation as described in (b) of this subsection, in gross revenue in Washington from consumer sales of agricultural commodities sold under the brand name of the 1agricultural employer.

Will a Needs Assessment be conducted?

• Yes

By December 31, 2026, Ecology must complete a preliminary needs assessment. The preliminary needs assessment must include identification of covered materials and material types, tons of collected covered materials, characteristics of current recycling and composting services, evaluation of recycling and solid waste services currently being delivered by local governments, processing capacity at material recovery facilities, and other collection, processing, servicing, and commodity market information. The needs assessment must also include an evaluation of what materials will be collected at drop-off sites, assessment of current residential service collection contracts, and measurement of postconsumer recycled content that could be incorporated in certain plastics. In completing the needs assessment, the draft must be made available for comment by local governments.

By December 21, 2027, and every five years thereafter, Ecology must complete a needs assessment that evaluates specified outcomes from the existing waste reduction, refill, reuse, recycling, and composting program.  Ecology may adjust the content of specific needs assessments to inform upcoming PRO plans. Ecology must initiate a consultation process in carrying out needs assessments and must contract with a third party to conduct needs assessments.

Are there Post Consumer Recycled Content (PCRC) requirements in law?

• See Washington PCRC plastic requirements (Chapter 70A.245 RCW) of the members-only website section

Are there reusability requirements in the law?

By 10/1/28, each PRO must propose, as a part of its draft plan, performance targets based on the needs assessment that meet the statewide requirements in subsection (10) of this section that must be included in an approved plan. Performance targets must include reuse rates, return rates, recycling rates for materials delivered to responsible markets, composting rates, and targets for plastic source reduction.   These targets must be provided every 5 years thereafter as a part of its plan.

Ecology is charged with establishing the statewide rate requirements and dates by which those requirements must be met, which it must review every 5 years and update if warranted.  The PRO must ensure that the statewide targets are met.

Ecology may require that a PRO obtain third-party certification of any activity or achievement of any performance target required by this chapter if a third-party certification is readily available, deemed applicable, and of reasonable cost. Ecology must provide the PRO with notice of at least 1 year prior to requiring use of third-party certification.

Beginning in 2029, each PRO must annually fund and implement a Reuse Financial Assistance Program (Reuse Program) to reduce the environmental impacts of covered PPP through reuse. The PROs must collectively fund this program at $5 million in 2029 and in an amount which is subject to an annual inflation adjustment and to adjustment if the PRO’s reuse and return rate targets or statewide requirements go unmet.

By 7/1/31, a PRO must submit an annual report to Ecology that includes its performance outcomes. If a PRO fails to meet a performance target, it must, within 90 days of filing an annual report, file with Ecology an explanation of factors contributing to the failure and propose a plan amendment specifying changes designed to achieve the performance target.

Are there packaging reduction requirements in the law?

By 10/1/28, each PRO must propose, as a part of its draft plan, performance targets based on the needs assessment that meet the statewide requirements in subsection (10) of this section that must be included in an approved plan. Performance targets must include reuse rates, return rates, recycling rates for materials delivered to responsible markets, composting rates, and targets for plastic source reduction and postconsumer recycled content by covered material type.   These targets must be provided every 5 years thereafter as a part of its plan.   These targets must be provided every 5 years thereafter as a part of its plan.

Ecology is charged with establishing the statewide rate requirements and dates by which those requirements must be met, which it must review every 5 years and update if warranted.  The PRO must ensure that the statewide targets are met.

Ecology may require that a PRO obtain third-party certification of any activity or achievement of any performance target required by this chapter if a third-party certification is readily available, deemed applicable, and of reasonable cost. Ecology must provide the PRO with notice of at least 1 year prior to requiring use of third-party certification.

Are there recycling rate targets included in the law?

By 10/1/28, each PRO must propose, as a part of its draft plan, performance targets based on the needs assessment that meet the statewide requirements in subsection (10) of this section that must be included in an approved plan. Performance targets must include reuse rates, return rates, recycling rates for materials delivered to responsible markets, composting rates, and targets for plastic source reduction.   These targets must be provided every 5 years thereafter as a part of its plan.

Ecology is charged with establishing the statewide rate requirements and dates by which those requirements must be met, which it must review every 5 years and update if warranted.  The PRO must ensure that the statewide targets are met.

Ecology may require that a PRO obtain third-party certification of any activity or achievement of any performance target required by this chapter if a third-party certification is readily available, deemed applicable, and of reasonable cost. Ecology must provide the PRO with notice of at least 1 year prior to requiring use of third-party certification.

Beginning in 2029, each PRO must annually fund and implement a Reuse Financial Assistance Program (Reuse Program) to reduce the environmental impacts of covered PPP through reuse. The PROs must collectively fund this program at $5 million in 2029 and in an amount which is subject to an annual inflation adjustment and to adjustment if the PRO’s reuse and return rate targets or statewide requirements go unmet.

By 7/1/31, a PRO must submit an annual report to Ecology that includes its performance outcomes. If a PRO fails to meet a performance target, it must, within 90 days of filing an annual report, file with Ecology an explanation of factors contributing to the failure and propose a plan amendment specifying changes designed to achieve the performance target.

Are Large Producer Life Cycle Assessments required?

• No

Penalties: 

Ecology may administratively impose a penalty of up to $1,000 per violation per day on any producer or PRO who violates this law and up to $10,000 per violation per day for the second and each subsequent violation. In addition to assessing penalties for violations by the PRO, Ecology may issue corrective action orders, revoke a PRO’s plan approval and require implementation of a contingency plan, and take other specified enforcement actions related to a PRO. Penalties and orders are appealable to the Pollution Control Hearings Board.

Are any materials completely banned from use under the law?

• No