Highlights
- Washington state has enacted E2SSB 5284 (the Act), which creates an extended producer responsibility (EPR) program for packaging and paper products that may apply to the item's manufacturer, brand licensee, brand owner, importer of record, distributor in Washington state or any other person contractually designated as responsible.
- Producers must join a producer responsibility organization (or register individually) by July 1, 2026, to manage recycling, compliance and reporting responsibilities.
- Failure by producers or a producer responsibility organization to meet their obligations under the Act can result in civil penalties of up to $1,000 per violation per day (increasing to $10,000 for repeat violations), with additional penalties for continuing to sell noncompliant products after warnings.
Because Washington state's waste recovery rate has been static since 2011 and its goal of 50 percent recycling established in 1989 wasn't being met,1 the legislature passed E2SSB 5284 (the Act) on April 24, 2025, marking another major development in the state's approach to solid waste management. The Act was signed by Gov. Bob Ferguson on May 17, 2025. The Act establishes an extended producer responsibility (EPR) framework for packaging and paper products (PPP), aiming to significantly expand access to recycling services and increase recycling rates across the state. The Act intends to require that the EPR programs be implemented in a manner that minimizes negative impacts to the environment and risks to public and worker health and safety by expanding the existing waste and recycling system's infrastructure.2
This is not Washington state's first attempt at building EPR programs for a variety of materials or regulating plastics. The state legislature previously enacted laws that require the establishment of EPR or product stewardship programs for the management of six types of products: 1) electronic products, 2) light bulbs that contain mercury, 3) photovoltaic solar panels, 4) pharmaceuticals, 5) paint and 6) batteries. Further, in 2021, the legislature established minimum recycled content requirements applicable to three categories of plastic products or products in plastic containers: trash bags, household and personal care product containers, and plastic beverage containers.
Overview of the Act
Similar to other states, as Holland & Knight previously reported, Washington state under the Act developed a tiered structure to determine which entity in the supply chain is responsible for compliance as the "producer," depending on how the materials are sold (retail or online) and how they are transported. Accordingly, any entities that serve in the following roles within the supply chain could be a producer, depending on their role: the item's manufacturer, brand licensee, brand owner, importer of record, distributor in Washington state or any other person contractually designated as responsible.3
The Act applies to two distinct materials introduced into Washington: 1) packaging and 2) paper products. With respect to the definition of "packaging," it includes, subject to exemptions, paper, plastic, metal or glass, that is "used to protect, contain, transport, serve, or facilitate delivery of a product and is sold or supplied with the product to the consumer for personal, noncommercial use." There are 14 categories of materials that are exempt, such as packaging for hazardous materials, medical products or packaging with specified recycling rates, among several others.4 Paper products are defined to include paper sold or supplied to a consumer for personal, noncommercial use, including fliers, brochures, booklets, catalogs, magazines, printed paper and all other paper materials except for: 1) bound books, 2) conservation-grade and archival-grade paper, 3) newspapers, including supplements or enclosures, 4) magazines that have a circulation of fewer than 95,000 and include content derived from primary sources related to news and current events, 5) copy paper, 6) paper for use in building construction and 7) paper that could reasonably be anticipated to become unsafe or unsanitary to handle
By July 1, 2026, producers must either join a producer responsibility organization (PRO) or establish an independent PRO and, through that PRO, be responsible for compliance with the requirements of the Act, such as maintaining their membership and paying the corresponding fees. A PRO is designated by a producer or group of producers to fulfill the requirements of the Act.5 PROs are responsible for the payment of fees to the Washington State Department of Ecology (Ecology), establishing the producer fee schedule, submitting the program plan to Ecology and implementing the program, along with reporting, compliance, accounting and other functions associated with administration of the program.
Other relevant participants include service providers, who are responsible for collecting, transporting, sorting, processing and managing covered materials under approved PRO plans. They must register annually with Ecology, deliver services in accordance with statewide collection lists and performance standards, ensure materials reach responsible markets, submit invoices for reimbursement, pass fee reductions to customers and maintain detailed records of the materials managed.
The Act also amends existing solid waste management laws by, among other things, expanding the requirements counties must meet in their comprehensive solid waste management plans. Starting Jan. 1, 2030, wherever curbside garbage collection exists, curbside collection of source-separated recyclables will also be mandatory for single-family and multifamily residences.6
Entities subject to the new requirements must pay careful attention to compliance efforts, as Ecology is authorized to impose civil penalties for violations. Producers and PROs may face fines of up to $1,000 per violation per day, escalating to $10,000 for subsequent violations. Penalties for continued sale or distribution of noncompliant covered materials can also reach twice the value of the materials sold or a minimum of $500.7
Implications for Compliance
The Act introduces transformative changes to how packaging and paper waste will be managed statewide. Producers of PPP should begin preparing immediately by 1) identifying their status as a "producer" under the Act's definitions,8 2) planning for participation in a PRO and assessing likely cost implications, 3) reviewing current packaging designs and use of paper products to optimize for recyclability and minimize fees, and 4) evaluating whether it wishes to submit a petition to Ecology pursuant to Section 126 of the Act to request, for reasons of public health or safety, the temporary exclusion of certain packaging.
Though the law is designed to enhance recycling infrastructure and create a fair cost distribution, it also introduces significant compliance obligations and data reporting requirements for producers and service providers alike, so an internal review of data management is suggested. Stakeholders should monitor Ecology's upcoming rulemaking closely, and companies with products sold in Washington state should proactively engage with emerging PROs to help shape compliance strategies.
Implementation Timeline
- Jan. 1, 2026: Each producer of PPP must appoint a PRO responsibility organization.9
- Jan. 31, 2026: A service provider that intends to seek reimbursement for services provided under an approved plan must register with Ecology and submit certain information.10
- March 1, 2026: The producers and PROs must register with Ecology.11
- July 1, 2026: Producers must be a member of a PRO or register individually.12
- Sept. 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, 2027.13
- Oct. 1, 2026: Ecology must create a statewide list of recyclable and compostable materials.14
- Dec. 31, 2026: Ecology must complete a preliminary needs assessment.15
- March 31, 2027, and 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.16
- May 1, 2027: The PRO must pay an annual registration fee.17
- Dec. 31, 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.18
- Jan. 1, 2028: Ecology must contract with an independent consultant to carry out a one-time ex-ante analysis of each draft plan submitted to Ecology by Oct. 1, 2028.19
- Oct. 1, 2028, and Every Five Years Thereafter: A PRO must submit a draft plan to Ecology that describes the proposed operation of the program (PRO Plan).20 Ecology's approval of the first PRO Plan submitted on Oct. 1, 2028, must take effect no earlier than the adjournment of the 2029 regular legislative session.
- March 1, 2029: A producer not registered with a PRO or acting as an independent PRO may not introduce covered PPP into this state.21
- Jan. 1, 2030, or Within Six Months of Plan Approval, Whichever Is Later: The PRO must implement the plan approved by Ecology.22
- Jan. 1, 2030: Local solid waste programs must provide curbside collection of source-separated recyclables, include covered packaging and paper products on the statewide recycling list, and follow PRO-established service standards for collection frequency, container size and method.
- July 1, 2031: A PRO must submit an annual report to Ecology that contains criteria specified in the bill, including the program's operational activities and performance outcomes.23
Conclusion
Given the varying deadlines, product‑specific analysis and potential penalties for noncompliance, it is critical that product manufacturers, brands, importers and distributors assess EPR applicability as soon as possible.
Footnotes
1. E2SSB 5284 § 101(1)(a).
2. E2SSB 5284 § 101(2)(a) and (b).
3. E2SSB 5284 § 102(29).
4. E2SSB 5284 § 102(19).
5. E2SSB 5284 § 102(30).
6. E2SSB 5284 § 201.
7. E2SSB 5284 § 123.
8. E2SSB 5284 § 102(29).
9. E2SSB 5284 § 103(1).
10. E2SSB 5284 § 107(1).
11. E2SSB 5284 § 103(2).
12. E2SSB 5284 § 104(1)(a).
13. E2SSB 5284 § 103(4).
14. E2SSB 5284 § 106(2)(f).
15. E2SSB 5284 § 106(2)(g) and E2SSB 5284 § 111(1)(a).
16. E2SSB 5284 § 106(4)(a).
17. E2SSB 5284 § 104(3)(a)(iii).
18. E2SSB 5284 § 111(1)(b).
19. E2SSB 5284 § 121.
20. E2SSB 5284 § 104(3)(c) and E2SSB 5284 §113.
21. E2SSB 5284 § 104(2).
22. E2SSB 5284 § 104(3)(d).
23. E2SSB 5284 § 120(1).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
