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SPI Regulation Tracker

Packaging rule · United States · EPR

Washington Recycling Reform Act (SB 5284)

Extended producer responsibility (EPR) rule covering plastic, paper and board, metal, glass in Washington, United States, set by Washington Legislature / Department of Ecology. Applies since 27 July 2025.

By the SPI teamRule ID PR-US-008Source consulted 14 October 2026Verified 14 October 2026
Sourced facts

The rule

Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.

Jurisdiction
United States · Washington
Authority
Washington Legislature / Department of Ecology
Rule type
EPR
Materials
Plastic, Paper and board, Metal, Glass
Status
In force Enacted
Adopted or published
17 May 2025
Applies from
27 July 2025
From the source

“After July 1, 2026, be a member of a producer responsibility organization registered in this state”

Official source Washington State Legislature: RCW 70A.208.040Official (government or regulator) · consulted 14 October 2026

Deadlines

Key dates

  1. Adopted or published 1 year and 4 months ago

  2. Applies from 1 year and 2 months ago

  3. Source consulted by the SPI team 1 day ago

  4. Re-checked by a second SPI team member 1 day ago

SPI analysis

What it means

SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.

SPI summary

Producers of packaging and paper products must join and fund a PRO under chapter 70A.208 RCW: appoint a PRO by 1 January 2026 and be a member of a registered PRO after 1 July 2026. From 1 March 2029 non-member producers may not sell covered products in Washington. Statewide curbside service expansion begins in 2030.

In practice

Brand owners selling packaging and paper products into Washington fund the state's recycling system through a producer responsibility organisation (PRO). Chapter 70A.208 RCW required producers to appoint a PRO by 1 January 2026 and to be members of a registered PRO (or register an individual plan) by 1 July 2026. From 1 March 2029, producers outside a PRO in good standing may not introduce covered materials into the state. Converters mainly see data and design requests from customers.

Where the record is unclear

  • Fee levels and targets depend on Ecology rules and the PRO plan, not final at 13 October 2026.
  • Plan implementation is 1 January 2030 or six months after approval, whichever is later (RCW 70A.208.040(3)(d)), so the start may move.
  • Any beverage container deposit policy is left to the 2029 Legislature (RCW 70A.208.010(3)).
  • SPI did not review the RCW penalty and target sections (after RCW 70A.208.110).

Where it sits in the tracker

  • One of 13 packaging rules we track in the United States, of which 7 are EPR rules.
  • In all, 25 EPR rules are tracked across 15 jurisdictions. Compare them below

Company profiles that map to this rule

Companies whose SPI profile lists this rule in its regulatory exposure, based on where they report selling. Not company-reported.

SPI analysis

Overview

SB 5284, titled "Improving Washington's solid waste management outcomes", became Chapter 316, Laws of 2025 when it was signed on 17 May 2025, and took effect on 27 July 20256. It passed the Senate 27 to 22 and the House 51 to 456. The new Chapter 70A.208 RCW opens with a finding that the state's recovery rate has been broadly flat since 2011 and that Washington is not meeting the 50% recycling goal it set in 1989 (RCW 70A.208.010)1.

The chapter is staged around a political checkpoint. Draft PRO plans go to Ecology in October 2028 and an independent analysis follows in January 2029; the 2029 Legislature may then amend the chapter, pursue other policy such as a bottle deposit, or let the plan proceed (RCW 70A.208.010)1. First plans cannot take effect before that session adjourns (RCW 70A.208.060)1.

Ecology runs the programme under rules in chapter 173-950 WAC7. SPI's tracker status for SB 5284 is being updated in the 13 October check: with the 1 January 2026 PRO appointment and 1 July 2026 membership dates passed, the update moves it from adopted to in force once imported.

Duties

Who must do what

Producer (brand owner first, then the next party in the RCW order)

  • Appoint a PRO by 1 January 2026 (RCW 70A.208.030)1.
  • From 1 July 2026, be a member of a registered PRO or register an individual plan (RCW 70A.208.040)1.
  • From 1 March 2029, introduce no covered materials into the state unless a member in good standing or covered by an individual plan (RCW 70A.208.040)1.

Producer responsibility organisation

  • Register with Ecology from 1 March 2026, pay a one-time amount by 1 September 2026 for Ecology's costs from 27 July 2025 to 30 June 2027, and pay annual fees each 1 May from 2027 (RCW 70A.208.030 and .040)1.
  • Submit a plan by 1 October 2028, every five years, after sending the draft to the advisory council at least 60 days earlier (RCW 70A.208.130)1.
  • Fund a reuse assistance programme of at least USD 5,000,000 from 2029 and reimburse service providers at least monthly (RCW 70A.208.040)1.

Seller or distributor

  • Stop selling covered materials from a producer that is not in a PRO or not complying, once warned by Ecology (RCW 70A.208.230(3))2.

Department of Ecology

  • Complete a preliminary needs assessment by 31 December 2026 and the full assessment by 31 December 2027 (RCW 70A.208.110), set initial statewide collection lists by 1 October 2026 (RCW 70A.208.090) and begin enforcement against non-members on 1 March 2029 (RCW 70A.208.060)1.
Scope

Are you in scope?

Work through each question. The answers are the SPI team's reading of the sources cited.

  1. Over your last fiscal year, did you introduce one ton or more of covered materials into Washington, or take in USD 5,000,000 or more in worldwide revenue?

    If yes
    You are a responsible producer unless another exclusion applies (RCW 70A.208.020)1.
    If no
    Below both thresholds you are a de minimis producer; the USD 5,000,000 figure is inflation-adjusted after 1 January 20311.

  2. Are you the manufacturer of the item, or the first of licensee, brand owner, importer of record or first distributor where no manufacturer qualifies?

    If yes
    You hold the producer duties for that item (RCW 70A.208.020)1.
    If no
    The duty passes to the next party in the order.

  3. Is the item a magazine, catalogue or similar publication?

    If yes
    The publisher is the producer1.
    If no
    Apply the general order.

  4. Are you a government entity or a 501(c)(3) or 501(c)(4) organisation?

    If yes
    You are excluded from the producer definition1.
    If no
    The thresholds decide.

  5. Does your packaging enter a reuse system?

    If yes
    Fees apply only once, when the item first enters the market (RCW 70A.208.160)3.
    If no
    Annual fees apply to each year's tonnage.
Checklist

Compliance checklist

  1. Confirm PRO membership for every brand

    By Now (required since 1 July 2026)

    SPI analysis of the official text. Not legal advice; confirm with the text or counsel. Check each Washington-facing brand against the producer order and thresholds, and confirm membership or an individual plan (RCW 70A.208.040)1.

    Evidence to keep Membership confirmation per brand and the threshold calculation.

  2. Comment on the preliminary needs assessment

    By 30 October 2026

    Ecology's comment period runs 1 to 30 October 2026; the assessment feeds the plan and fee levels7.

    Evidence to keep Submitted comments and internal impact note.

  3. Map formats to the statewide collection lists

    By 2027

    Fees must discourage materials not on the lists and be proportional to cost for listed ones (RCW 70A.208.160), so check each format against the lists3.

    Evidence to keep Format to list mapping with fee exposure.

  4. Prepare design data for fee modulation

    By Before the 1 October 2028 plan

    Fees are to reward cutting toxic substances, cutting unnecessary packaging, reuse, postconsumer content and recyclability (RCW 70A.208.160)3.

    Evidence to keep Per-SKU data on recycled content, weight and recyclability.

  5. Check coverage before market access closes

    By 1 March 2029

    Non-members may not introduce covered materials from this date, and sellers face penalties for stocking them12.

    Evidence to keep Brand coverage list shared with retail customers.

  6. Budget for full fees

    By 1 January 2030 or six months after plan approval

    The plan is implemented on whichever date is later (RCW 70A.208.040)1.

    Evidence to keep Multi-year fee budget.

Enforcement

Enforcement and penalties

Who enforces
Washington Department of Ecology
Powers
Ecology can fine producers and PROs, issue corrective action orders, revoke plan approval and require the contingency plan, demand a revised plan or extra reporting, and penalise sellers of non-compliant producers' materials (RCW 70A.208.230)2.
Enforcement so far
None yet: enforcement against non-member producers starts on 1 March 2029 under RCW 70A.208.0601.

Penalties

BreachPenaltyLegal basis
Producer or PRO violationup to USD 1,000 per violation per dayRCW 70A.208.230(1) and (2)2
Second or later violationup to USD 10,000 per violation per dayRCW 70A.208.230(1) and (2)2
Seller or distributor still selling 60 days after a warningtwice the value of the materials sold or USD 500, whichever is greaterRCW 70A.208.230(3)2

A producer penalty needs a written notification, at least one notice of violation by certified mail and 60 days without compliance. Sellers who show they stopped within 30 days of an assessment have it waived. Appeals go to the Pollution Control Hearings Board, and penalties are paid into the recycling enhancement account2.

Connections

How it fits with other rules

Timeline

History of the rule

  1. SB 5284 passes the Senate, 27 to 226.

  2. Senate concurs in House amendments; final passage6.

  3. Signed as Chapter 316, Laws of 20256.

  4. Act takes effect6.

  5. Deadline for producers to appoint a PRO and for Ecology to appoint the advisory council (RCW 70A.208.030 and .050)1.

  6. PRO membership or an individual plan required1.

  7. Preliminary needs assessment open for comment, 1 to 30 October7.

  8. Today

  9. Full statewide needs assessment due (RCW 70A.208.110)1.

  10. PRO plan due (RCW 70A.208.130)1.

  11. Market access restriction and Ecology enforcement against non-members begin1.

  12. Earliest plan implementation date; Ecology expects the PRO to reimburse at least 90% of service provider costs from 203017.

Questions

Questions

When did Washington producers have to join a PRO?

Producers had to appoint a PRO by 1 January 2026 and, after 1 July 2026, be members of a registered PRO or register an individual plan. Both duties sit in RCW 70A.208.030 and .0401.

Can a producer outside a PRO keep selling in Washington?

Not after 1 March 2029, when RCW 70A.208.040 bars non-members from introducing covered materials. Sellers that keep stocking such goods 60 days after a warning face a penalty of twice the value sold or USD 500, whichever is greater12.

What are the fines under the Recycling Reform Act?

Ecology may impose up to USD 1,000 per violation per day, rising to USD 10,000 per day for a second or later violation, under RCW 70A.208.230. Appeals go to the Pollution Control Hearings Board2.

Who is exempt as a de minimis producer?

A producer under one ton of covered materials in its last fiscal year and under USD 5,000,000 in global gross revenue. The revenue figure is adjusted for inflation after 1 January 2031 (RCW 70A.208.020)1.

Will fees reward better packaging design?

Yes. RCW 70A.208.160 requires fees to reward lower impacts such as more postconsumer content, reuse and recyclability, and reusable packaging is charged only once. Fee levels will come with the plan due on 1 October 202813.

Glossary

Definitions

Covered material
Packaging and paper products introduced into the state, excluding exempt materials (RCW 70A.208.020)1.1
De minimis producer
A producer introducing less than one ton of covered materials in its most recent fiscal year with global gross revenue under USD 5,000,000, excluding on-premises alcohol sales (RCW 70A.208.020)1.1
Responsible producer
Any producer that is not a de minimis producer (RCW 70A.208.020)1.1
Sources

Sources for this analysis

  1. Washington State Legislature: Chapter 70A.208 RCW (full chapter) Official · Consulted 14 October 2026
  2. Washington State Legislature: RCW 70A.208.230, Enforcement authority and penalties Official · Consulted 14 October 2026
  3. Washington State Legislature: RCW 70A.208.160, Producer fees Official · Consulted 14 October 2026
  4. Washington State Legislature: RCW 70A.208.150, Performance targets Official · Consulted 14 October 2026
  5. Washington State Legislature: RCW 70A.208.250, Deposit return system Official · Consulted 14 October 2026
  6. Washington State Legislature: SB 5284 (2025) bill summary Official · Consulted 14 October 2026
  7. Washington Department of Ecology: Recycling Reform Act Regulator · Consulted 14 October 2026

Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.

Audit trail

Change history

Verified: a second SPI team member re-checked every fact above against the source on 14 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.

  1. Verified by a second SPI team member

  2. Changed: status, SPI summary, rate note, source, source link, quote

  3. Verified by a second SPI team member

  4. Added to the tracker

Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-US-008 and the source. Corrections are logged in this history.

Other jurisdictions

EPR rules elsewhere

The same type of rule for the same materials in other jurisdictions, by the date it applies.

RuleWhereTypeMaterialsStatusApplies from
Containers and Packaging Recycling ActPR-JP-002JapanEPRPlastic, Paper and board, GlassIn force1 April 1997
Packaging EPR (Resolution 1407 of 2018)PR-CO-001ColombiaEPRAll packagingIn force2 August 2018
Extended Producer Responsibility Regulations and paper and packaging schemePR-ZA-001South AfricaEPRAll packagingIn force5 May 2021
EPR Guidelines for plastic packaging (PWM Rules Schedule II)PR-IN-001IndiaEPRPlasticIn force16 February 2022
Reverse logistics recycling credit certificates (Decree 11.413/2023)PR-BR-001BrazilEPRAll packagingIn force14 April 2023
Packaging collection and recovery targets under Ley REP (DS 12/2020)PR-CL-001ChileEPRAll packagingIn force16 September 2023
Sustainable Waste Management (EPR) Regulations, 2024PR-KE-002KenyaEPRAll packagingIn force4 November 2024
Quebec modernized selective collection (EPR) systemPR-CA-006Quebec, CanadaEPRAll packagingIn force1 January 2025
UK packaging EPR regulations (pEPR) 2024PR-GB-002United KingdomEPRAll packagingIn force1 January 2025
Ontario Blue Box Regulation (O. Reg. 391/21) full producer responsibilityPR-CA-003Ontario, CanadaEPRPlastic, Paper and board, Metal, GlassIn force1 January 2026

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