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Washington Joins EPR Packaging Regulatory Movement
In May 2025, Washington became the seventh U.S. state to enact extended producer responsibility (EPR) legislation for packaging, signaling a rising tide of accountability in how packaging waste is managed nationwide.
Washington joins six other states — California, California PRC statutory text for SB 54, Colorado, Colorado packaging EPR program details,, Oregon, Oregon packaging EPR law overview, Maine, Maine packaging EPR law (PDF), Minnesota, Minnesota packaging EPR bill, and Maryland, Maryland SB901 statute (PDF), — in requiring producers of packaged goods to design more environmentally friendly and resource-efficient packaging systems.
Washington's Recycling Reform Act, Washington Recycling Reform Act text (PDF) aims to modernize the state's recycling system, expand curbside recycling and increase recycling rates, reduce waste and contamination in waste streams, standardize easy-to-understand recyclable labeling, hold producers (brand owners) accountable for the environmental impact of their products, and spur eco-friendly packaging innovations.
The legislation expects to boost residential recycling rates from 40% to 66% (an increase of about 325,000 tons) and curbside recycling rates from 83% to 95% of households, an increase of 500,000 homes, according to a report, how the Recycling Reform Act works (PDF) from Washington state senate democrats. The increased recycling will reduce greenhouse gas emissions by an estimated 565,000 metric tons. Recycling service rates charged to residents are likely to drop by 90%.
Producer Responsibilities
Under Washington's new EPR packaging law, producers must appoint a single producer responsibility organization (PRO) by Jan. 1, 2026, and producers and the PRO must register with Washington's Department of Ecology (DOE) by March 1, 2026. By July 1, 2026, producers must be members of a PRO or register as a PRO that will implement an individual plan. The PRO or producers acting as a PRO must make a one-time fee payment to the DOE by Sept. 1, 2026.
Following the payment, the PRO will set annual producer fees based on various criteria, such as volume, weight, units, or sales. Fees will incentivize packaging materials and designs that reduce environmental and human health impacts, prioritize reuse, and discourage overpackaging and hard-to-recycle materials.
By Oct. 1, 2028, and every five years thereafter, the PRO must submit a draft plan to the DOE spelling out:
- Performance targets;
- A description of collection methods and infrastructure investments and how they will meet performance targets;
- How the PRO will measure performance outcomes for each covered material type;
- The program budget and how the PRO will pay for the plan through producer fees;
- And other requirements related to the implementation of the program.
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 post-consumer recycled (PCR) content by covered material type.
By Jan. 1, 2030, or within six months of plan approval, the PRO must implement the approved plan. Additionally, the PRO must submit an annual report to the DOE for the prior calendar year by July 1, 2031, and annually thereafter.
Beginning March 1, 2029, a producer not registered with a PRO or acting as an independent PRO may not introduce covered packaging materials into the state.
Producers and the PRO must finance and manage the collection, recycling, and disposal of packaging materials sold in Washington. With the collected fees, producers and the PRO will fund waste-related service providers through a phased-in reimbursement program:
- PRO will pay no less than 50% of net costs by Feb. 15, 2030.
- PRO will pay no less than 75% of net expenditures by Feb. 15, 2031.
- PRO will pay no less than 90% of net outlays by Feb. 15, 2032.
Reuse Financial Assistance Program
Unlike other states' EPR packaging programs, Washington's Reform Recovery Act includes a reuse financial assistance program, emphasizing reusable packaging. The PRO and producers acting as PROs will fund the reuse program annually, beginning at $5 million in 2029 with annual inflation adjustments.
The reuse program will help businesses and organizations develop or expand reusable or refillable packaging systems. The state will provide funding and support to help companies create reusable alternatives to single-use packaging.
Product and Producer Exemptions
Packaged products exempt from the EPR law include infant formula, dietary supplements, drugs, medical foods and equipment, medical devices, fortified oral nutritional supplements required for medical purposes, pesticides, hazardous materials, long-term storage containers, and other products.
The regulation exempts covered materials until Dec. 31, 2029, with a state recycling rate of at least 65% for three consecutive years. Beginning Jan. 1, 2030, the producer must demonstrate to the DOE every two years that the material has had a state recycling rate of at least 70% annually.
Producers with less than $5 million in global gross revenue or less than one ton of covered materials sold into the state in the previous fiscal year are also exempt.
State DOE Responsibilities
The DOE is responsible for setting producers' annual registration fees. By Jan. 1, 2026, the DOE must establish and appoint members to an advisory council, which reviews all activities of the PRO. By Oct. 1, 2026, the DOE must develop the initial statewide collection list of covered materials determined to be recyclable or compostable.
The DOE must complete a preliminary needs assessment by Dec. 31, 2026, and a statewide needs assessment by Dec. 31, 2027. The assessments will evaluate the current recycling and reuse infrastructure, identify service gaps — especially in rural and underserved communities — and inform the PRO's plans. The DOE will use the assessments to ensure the EPR plan addresses access equity, environmental performance, and economic feasibility across the state.
Unlocking Your Sustainable Packaging Potential
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We guide our clients through evolving environmental regulations—such as extended producer responsibility (EPR) and eco-modulated fee structures—and help integrate PCR content into their packaging portfolios.
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Our leading sustainability services,sustainability services brochure include everything from market insights and circularity roadmaps to recyclable material sourcing, custom packaging design, refillable systems, and communications strategy development. From quantitative assessments to marketing strategies, our C.O.R.E sustainability approach covers it all.
The information contained in this article is intended for general information purposes only and is based on information available as of the initial date of publication. No representation is made that the information or references are complete or remain current. This article is not a substitute for review of current applicable government regulations, industry standards, or other standards specific to your business and/or activities and should not be construed as legal advice or opinion. Readers with specific questions should refer to the applicable standards or consult with an attorney. It is the customer’s responsibility to determine whether its filled product is subject to any applicable government regulations and to ensure compliance with such regulations.