Washington EPR

What is Washington EPR packaging

Washington introduced Extended Producer Responsibility for packaging through the Recycling Reform Act (SB 5284).

The law creates a statewide system requiring producers of packaging, paper products, and food service ware to finance and improve recycling programs.

The program is overseen by the Washington State Department of Ecology and implemented through a Producer Responsibility Organization (PRO).

The law aims to:

• Improve recycling infrastructure
• Increase recycling access across the state
• Reduce packaging waste
• Shift recycling costs from municipalities to producers.

Does this apply to e-commerce & online sales

Yes.

Washington EPR applies to products shipped into Washington, including packaging used for e-commerce and online sales.

If packaging is used to ship goods to consumers in Washington, it may fall under the EPR program.

Who is the "producer" under Washington EPR

Under Washington EPR, the producer is typically:

1. The brand owner whose name appears on the product
2. If the brand owner has no U.S. presence, the importer of the product
3. If neither applies, the distributor or retailer

Only one entity is responsible for the packaging under the law.

Who must register for EPR packaging in Washington

Companies that sell or distribute covered packaging or paper products in Washington must:

• Join an approved Producer Responsibility Organization (PRO)
• Report packaging data
• Pay EPR eco-fees.

Washington EPR packaging registration threshold

Certain small producers may be exempt if they:

• Have less than $5 million in annual revenue, or
• Sell less than 1 ton of covered packaging per year into Washington.

Companies exceeding these thresholds must comply with the program.

Packaging covered (and excluded)

Covered packaging

The Washington EPR program covers:

• Product packaging
• Shipping and e-commerce packaging
• Paper products
• Food service ware.

Materials may include:

• Plastic packaging
• Paper and cardboard
• Glass containers
• Metal packaging.

Excluded packaging

Some packaging may be excluded, including:

• Medical packaging
• Hazardous materials packaging
• Packaging regulated by federal law.

Producer Responsibility Organization (PRO)

The program will be managed by a Producer Responsibility Organization (PRO) approved by the Washington Department of Ecology.

The PRO will:

• Collect packaging data from producers
• Calculate eco-fees
• Fund recycling system improvements
• Ensure compliance with state recycling targets.

EPR registration in Washington

Producers will comply by:

1. Joining the approved PRO
2. Submitting packaging data
3. Paying eco-fees.

The PRO will report compliance to the state.

Authorized representative

Foreign companies selling products into Washington may need a U.S.-based entity or compliance representative responsible for EPR obligations.

What data must be reported

Producers will generally need to report:

• Packaging material type
• Packaging weight
• Packaging format or category
• Quantity placed on the Washington market.

This data will determine eco-fees.

First reporting period

The Washington EPR program will be implemented in phases following approval of the PRO plan and program rules.

Producers should begin preparing packaging data in advance.

EPR reporting deadlines

The program rollout includes several milestones, including:

• Initial producer registration
• Development of the PRO plan
• Annual packaging reporting and eco-fee payments.

Exact dates will be set by the Department of Ecology during implementation.

Labels & marketing claims

Washington EPR does not introduce a mandatory recycling logo for packaging. Producers are expected to follow standard U.S. labeling practices, including the voluntary How2Recycle label system and FTC Green Guides requirements for environmental claims.

An example of what a label looks like on packaging sold in Washington

This packaging shows How2Recycle labels commonly found on products sold in Washington. Each label identifies disposal instructions per component: the Paper Box is recyclable curbside ("Recycle if Clean & Dry"), while the Plastic Bag requires store drop-off. The Paper Card is recyclable, while the Plastic Tray is not — consumers are instructed to separate components before disposal. The How2Recycle label is a voluntary standardized system widely adopted by U.S. brands; it is not mandated by Washington law.

📎 Download the How2Recycle symbols:

•  PNG – best for digital use.
• SVG  - ideal for printing and scaling.

EPR eco fees & eco-modulation

Producers must pay eco-fees based on the amount and type of packaging placed on the Washington market.

Fees may vary depending on:

• Material type
• Recyclability
• Environmental impact.

This eco-modulation system encourages the use of more sustainable packaging materials.

Risks, penalties & common mistakes

Non-compliance may lead to:

• Financial penalties
• Enforcement actions
• Restrictions on selling products in the state.

Common mistakes include:

• Not identifying the responsible producer
• Missing registration deadlines
• Incorrect packaging data reporting.

What e-commerce sellers should do now

Companies selling products to Washington should:

• Identify whether they qualify as a producer
• Track packaging materials used for shipments
• Monitor PRO registration requirements
• Prepare packaging data for reporting.

FAQ

• Is Washington EPR already active

The law has been adopted and will be implemented in phases.

• Does this apply to online sellers

Yes, if packaging is used to ship products to consumers in Washington.

• Is there a mandatory recycling logo

No. Washington EPR focuses on reporting and financing recycling systems rather than mandatory packaging labels.