Governing Law
Fee Start
2027 early fees published October 1, 2026 (CAA, eight per-pound rates; invoice timing not published; RCW 70A.208.040(3)(b)); cost-share ramp Feb 15, 2030 to 2032
Max Penalty
Up to $1,000 per violation per day, $10,000 per violation per day for the second and each later violation, after 60-day written notice (E2SSB 5284 Sec. 123(1))
Administering Agency
PRO / Administrator
De Minimis
Under 1 ton of covered materials, under $5M global gross revenue excluding on-premises alcohol sales, or an agricultural employer under $5M in Washington consumer sales of own-brand agricultural commodities; any one qualifies (RCW 70A.208.020(16))
CAA published Washington's 2027 early fees on October 1, 2026; they are in the early fees table below. CAA has not said when it will invoice them or which year of supply data they apply to. Program fee rates will be set through the program plan.

Any one of three tests makes a producer de minimis

Washington's de minimis test has three tests and any one of them qualifies: under one ton of covered materials, under $5 million in global gross revenue excluding on-premises alcohol sales, or an agricultural employer with under $5 million in Washington revenue from own-brand agricultural commodities (RCW 70A.208.020(16)). The exemption is available now, and January 1, 2031 is only the date the $5 million figures begin CPI adjustment. The statute says "one ton" without specifying metric or short.

Enforcement and the cost-share ramp

Ecology begins enforcement activities against noncompliant producers that are not PRO members on March 1, 2029 (E2SSB 5284 Sec. 106(2)(m)), and from that date a producer that is not a member in good standing of a registered PRO, in practice CAA, and has not submitted an individual plan may not introduce covered materials into Washington (Sec. 104(2)). The cost-share ramp is 50% by February 15, 2030, 75% by February 15, 2031, and 90% by February 15, 2032.

2027 Early Fees

The statute requires the PRO to set an initial producer fee structure, used until its plan is approved, and to collect fees annually from registered producers (RCW 70A.208.040(3)(b)). CAA published these rates on October 1, 2026 for program year 2027. CAA’s schedule gives no invoice date and no supply-data year. Program fees under an approved plan come later, and the statutory due date for the plan is October 1, 2028 (E2SSB 5284 Sec. 113(1)).

Material category2027 early fee ($/lb)
Printing & Writing Paper$0.016
Glass & Ceramics$0.002
Metal$0.009
Paper/Fiber$0.005
Rigid Plastic$0.011
Flexible Plastic$0.025
Wood & Other Organic Materials$0.030
Compostable Materials$0.017

Source: CAA, 2027 Washington Early Fees Schedule, Fees for Program Year 2027, originally published October 1, 2026 (PDF) and CAA’s Washington 2027 early fees page.

Fee Schedule by Material

No program fee schedule has been published for Washington yet, so this page shows no per-material rates. CAA’s 2027 Washington early fees are a separate charge and are listed above. The fee calculator shows a projection for Washington, estimated from Oregon’s 2026 rates and labeled as an estimate.

Eco-Modulation Factors

○ SpeculativeProjected/estimated. Eco-modulation rules are not yet finalized in this state.

Source: E2SSB 5284 (2025), Recycling Reform Act. Eco-mod required; program plan (~2028) not yet approved; factors not established.

In Oregon this cycle, eco-modulation is three voluntary LCA bonuses, A, B, and C.

Fee Reductions (Bonuses)

Recyclable-format / PCR credit (expected): lower fee, not yet finalized

Fee Increases (Maluses)

EPS / non-recyclable materials (expected): higher fee, not yet finalized

Multiplier floor: Not established - program plan pending

SPECULATIVE for eco-mod. The 2027 early fee schedule CAA published on October 1, 2026 sets one per-pound rate per material category; the cost-share ramp runs Feb 15, 2030 to 2032. PRO membership required by July 1, 2026; enforcement against producers that are not PRO members begins March 1, 2029. The statute requires eco-modulation, but specific factors/rates will be set in the PRO program plan and are not yet established.

Program Plan Status

Signaled

Plan submitted: No. Washington is still in rulemaking and no PRO plan is due yet.

Agency approved: Not applicable yet.

Where it stands: Ecology filed CR-101 for WAC 173-950 on March 19, 2026; comment period 1 closed June 24, 2026 and comment period 2, on draft rule language, closed September 2, 2026, with the CR-102 estimated for October 2027 and adoption estimated for April 2028. Version 2 of Ecology's preliminary statewide collection lists went to the Recycling Reform Act advisory council's Statewide List Subcommittee in August 2026, Ecology took public comment on the preliminary lists from August 5 to 19, 2026, and the council approved the subcommittee's recommendations on August 13, 2026.

Next milestone: Ecology opened public comment on its draft preliminary needs assessment on October 1, 2026, through October 30, 2026 (needs assessments page, read October 4, 2026); the statutory deadline for the final preliminary needs assessment is December 31, 2026 (E2SSB 5284 Sec. 111). Ecology was required to develop the initial statewide collection lists by October 1, 2026 (E2SSB 5284 Sec. 109(1)(a)); the statute says develop, and publication follows plan approval rather than that date. The Advisory Council was scheduled to meet October 8, 2026, and the RRA Advisory Council site listed the following meeting for November 19, 2026.

Source: Washington Department of Ecology; RRA Advisory Council. Agency program page →

Reporting Deadlines and Program Dates

Jan 1, 2026
Producers must appoint a PRO to address their covered materials (statutory, E2SSB 5284 Sec. 103(1))
Mar 1, 2026
A PRO registers with Ecology on behalf of its producers, and annually after (statutory, E2SSB 5284 Sec. 103(2))
May 31, 2026
Interim Producer Report (simplified reporting categories) due (CAA-set date, not statutory)
Jul 1, 2026
Producers must be members of a registered PRO, or register as a PRO implementing an individual plan (statutory, E2SSB 5284 Sec. 104(1)(a))
Aug 5, 2026
Ecology opens comment on the preliminary statewide collection lists it is developing; comment closed Aug 19, 2026
Sep 1, 2026
CAA (as PRO) one-time payment to Ecology due, covering Ecology costs from Jul 27, 2025 through Jun 30, 2027; amount set by Ecology. Also binds an individual producer registered as its own PRO. Statutory: RCW 70A.208.040(3)(a)(ii)
Oct 1, 2026
CAA publishes the 2027 Washington Early Fees Schedule: eight per-pound rates by material category, from $0.002 to $0.030, with no invoice date or supply-data year (CAA schedule, Oct 1, 2026)
Oct 1, 2026
Ecology opens public comment on the draft preliminary needs assessment, through Oct 30, 2026 (Ecology needs assessments page, read October 4, 2026); the final preliminary assessment is due Dec 31, 2026 (E2SSB 5284 Sec. 111)
Oct 8, 2026
Recycling Reform Act Advisory Council meeting, 10 a.m. to 2 p.m. PT, hybrid, in person at the WM Spokane SMaRT Center (RRA Advisory Council site)
Nov 19, 2026
Recycling Reform Act Advisory Council meeting, 9 to 11:30 a.m. PT, virtual (RRA Advisory Council site)
Dec 31, 2026
Final preliminary needs assessment
Mar 31, 2027
Ecology determines the PRO annual registration fee, and every Mar 31 thereafter. Statutory: RCW 70A.208.060(4)(a)
May 1, 2027
PRO begins paying Ecology the annual registration fee. Statutory: RCW 70A.208.040(3)(a)(iii)
Sep 2027
Draft full needs assessment out for public comment
Dec 31, 2027
Final full needs assessment
Oct 1, 2028
PRO submits program plan
Mar 1, 2029
Ecology begins enforcement against noncompliant producers that are not PRO members, and a producer that is not a member in good standing of a registered PRO and has not submitted an individual plan may not introduce covered materials (E2SSB 5284 Sec. 104(2), Sec. 106(2)(m))
Feb 15, 2030
50% reimbursement floor: the PRO must reimburse service providers at least 50% of net costs (E2SSB 5284 Sec. 117(2)(a)(i)); not a producer fee start date
Feb 15, 2031
75% cost-share milestone
Feb 15, 2032
90% cost-share milestone

Program Notes

The statute requires the PRO to establish an initial producer fee structure, used until its plan is approved, and to collect fees annually from registered producers (RCW 70A.208.040(3)(b)). CAA published the 2027 Washington Early Fees Schedule on October 1, 2026, with eight per-pound rates by material category, from $0.002 for glass and ceramics to $0.030 for wood and other organic materials, and the schedule does not say when CAA will invoice these fees or which year of supply data they are based on. Ecology begins enforcement against producers that are not PRO members on March 1, 2029 (E2SSB 5284 Sec. 106(2)(m)). From that date a producer that is not a member in good standing of a registered PRO and has not submitted an individual plan may not introduce covered materials into WA (Sec. 104(2)). Cost-share ramp: 50% by Feb 2030, 75% by Feb 2031, 90% by Feb 2032.

Covered Products Scope

Consumer-facing packaging of all material types and paper products. Scope largely mirrors other CAA-administered states. De minimis: any one of three tests qualifies (RCW 70A.208.020(16)): under 1 ton of covered materials, OR under $5M global gross revenue excluding on-premises alcohol sales, OR an agricultural employer with under $5M in Washington revenue from own-brand agricultural commodities. All three tests apply now. Sec. 109 set October 1, 2026 for Ecology's initial statewide collection lists; preliminary lists were out for comment August 5 to 19, 2026, and Ecology's program page says the lists will be published by 2027. Ecology publishes final lists within 30 days of approving a plan (E2SSB 5284 Sec. 109); the statutory due date for the PRO program plan is Oct 1, 2028 (Sec. 113(1)).

Exemptions and Exclusions

The following categories may be fully or partially exempt from producer obligations in Washington. Verify applicability with the CAA producer portal or Washington Ecology before excluding any materials from supply reports.

De minimis (small producer)Out of scopeAutomatic by law
Three tests, any one of which qualifies: (a) introduced <1 ton of covered materials in the most recent fiscal year; (b) global gross revenue, excluding on-premises alcohol sales, <$5M for the prior fiscal year; or (c) an agricultural employer meeting the test in the agricultural row below. The tests are joined by "or", so the test is not cumulative. The statute says "one ton" without specifying metric or short, and January 1, 2031 is the date the $5M figures begin CPI adjustment, while the exemption is available now. The on-premises alcohol carve-out matters for wineries, breweries, and distilleries with a tasting room, which test on off-premises revenue. Colorado carries the same carve-out at 25-17-713(1)(a).
RCW 70A.208.020(16); E2SSB 5284, 2025 c 316 s 102
Government and nonprofitEntity-side reliefAutomatic by law
Government entities at (b)(i) and registered 501(c)(3) and 501(c)(4) organizations at (b)(ii) are not producers. Washington's producer exclusion list is short, just these two plus de minimis producers.
RCW 70A.208.020(29)(b)(i) and (ii)
Paper and wood-fiber millsNo provision
No mill exclusion. Only Minnesota and Maryland carve out mills, and they carve out the same two categories.
RCW 70A.208.020(29)(b)
Restaurant and single-location retailNo provision
No restaurant or single-retail exclusion in the producer definition.
RCW 70A.208.020(29)(b)
Beverage manufacturer volume testNo provision
No raised volume threshold for beverage manufacturers. Oregon is the only state of the seven with one, and the ordinary de minimis test applies here instead.
RCW 70A.208.020(16) and (29)(b)
Alcohol licenseeNo provision
No alcohol licensee exclusion. Washington's alcohol-specific relief is part of the de minimis revenue test: on-premises alcohol sales are excluded from the revenue figure, so a winery, brewery, or distillery with a tasting room tests on its off-premises revenue. See the de minimis row.
RCW 70A.208.020(29)(b)
B2B and transport packagingOut of scopeAutomatic by law
The main test is definitional. Packaging is material that 'is sold or supplied with the product to the consumer for personal, noncommercial use'. Transport and B2B packaging that never reaches a consumer for personal use is not packaging under the Act. The test is whether any of it is supplied to a consumer for personal, noncommercial use. A separate three-part industrial-input exemption is at sec. 102(19)(o) and mirrors Minnesota subd. 16(14): distributed producer to producer, then used to contain a product going to a commercial or business entity for the production of another product, and never introduced to anyone else. All three conditions required.
RCW 70A.208.020(25)(a); E2SSB 5284 sec. 102(19)(o)
Hazardous or flammable (OSHA HazCom)ConditionalAgency determinationNot yet determinable
Conditional and not yet operative. The exclusion reaches packaging used to contain hazardous or flammable products classified by the 2012 OSHA Hazard Communication Standard, 29 C.F.R. 1910.1200 (2024), but only where the hazard prevents the packaging from being reduced or made reusable, recyclable, or compostable, “as determined by the department”. Ecology has made no such determination and is at the start of rulemaking for chapter 173-950 WAC, so this cannot be relied on today and the correct answer for now is in scope. Not limited to primary packaging, unlike Maryland.
E2SSB 5284 sec. 102(19)(j)
DOT dangerous goodsNo provision
No DOT-based exclusion.
E2SSB 5284 sec. 102(19)(a) to (p)
Refillable LPG and pressurized containersOut of scopeAutomatic by law
“Packaging used to contain liquefied petroleum gas and are designed to be refilled.” Refillable is the test, and unlike Maryland there is no primary-packaging limit. A single-use pressurized cylinder is not covered by this row.
E2SSB 5284 sec. 102(19)(i)
Pesticides (FIFRA)Out of scopeAutomatic by law
All packaging for products regulated by EPA under FIFRA. No material limit and no primary-packaging limit.
E2SSB 5284 sec. 102(19)(h)
Beverage containers and deposit programsNo provision
There is no beverage-container exclusion in Washington and there is no deposit return system for one to point at. The exempt-materials list has 16 items and contains none. Sec. 102(3) defines a beverage as a drinkable liquid intended for human oral consumption, excluding only drugs, 100 percent fluid milk, infant formula, and meal replacement liquid, so wine is a beverage; sec. 102(4) defines a beverage container as any container in which a producer originally prepackaged and sealed a beverage. Neither definition removes anything from scope. So beer, soda, wine, and spirits containers are covered materials in Washington. A deposit system is under study only: sec. 124 orders two studies and sec. 121(1)(a)(iii) directs the independent consultant to analyze whether one could complement the plan, with the 2029 legislature deciding whether to establish one. Separately, sec. 102(29)(a)(vi)(A)(II) prevents a distributor of a beverage sold in a beverage container from being an assigned producer, which only makes sense if beverage containers are in scope.
E2SSB 5284 sec. 102(19)(a) to (p); definitions at 102(3) and 102(4); DRS status at secs. 121 and 124
Medical, drug, and deviceOut of scopeAutomatic by law
Six subsections covering infant formula, medical food, fortified oral nutritional supplements, FDA-regulated drugs, medical devices, dietary supplements, biologics and vaccines, medical equipment used in medical settings, and animal drugs and biologics. Not limited to primary packaging. A seventh, unrelated to medicine but sitting in the same run, excludes noncompostable film plastic used in direct contact with raw meat at (g).
E2SSB 5284 sec. 102(19)(a) to (f)
AgriculturalEntity-side reliefAutomatic by lawNot yet determinable
Washington's agricultural relief is entity-side and is not a material exclusion. RCW 70A.208.020(16)(c) makes a producer de minimis if it "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 ... in gross revenue in Washington from consumer sales of agricultural commodities sold under the brand name of the agricultural employer." The three de minimis tests are joined by "or", so global revenue and Washington tonnage are irrelevant if (c) fits. A de minimis producer is outside the producer definition entirely at 102(29)(b)(iii), so the relief covers every covered material including shipping cartons. And "regardless of where the agricultural employer is located" is drafted so an out-of-state farm selling into Washington can use it. RCW 19.30.010(2) defines an agricultural employer as "any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products", which does not require agriculture to be the person's only or main business. A grower who also manufactures, a winery farming its own vineyards for example, is not excluded by that definition. The open question is whether the manufactured product is an "agricultural commodity". RCW 70A.208 does not define the term, and Washington's own Wine Commission statute at RCW 15.88.020 treats vinifera grapes rather than wine as the agricultural product, which cuts the other way. Ecology has published no interpretation, the test is untested, and rulemaking for chapter 173-950 WAC is not scheduled to be adopted until 2028. Washington's test is not parallel with Colorado's (added 2026-09-21): Washington ties the brand to "the agricultural employer", a term RCW 19.30.010(2) makes broad, so the brand limb narrows nothing and the open term is "agricultural commodities", which the act uses and never defines. Colorado instead names the farmer, egg producer, grower, or individual grower cooperative, which disposes of its cases before the commodity question is reached. The Atlas does not answer the Washington question.
RCW 70A.208.020(16)(c) with RCW 19.30.010(2); sec. 102(19) for the material side
Paint stewardship containersOut of scopeAutomatic by law
Packaging associated with products managed through a paint stewardship plan approved under chapter 70A.515 RCW.
E2SSB 5284 sec. 102(19)(k)
Long-term storage, five yearsOut of scopeAutomatic by law
Material used to protect or store a durable product for a period of at least five years. Unconditional: no agency determination, unlike California and Maryland.
E2SSB 5284 sec. 102(19)(m)
Commercial recycling routeConditionalAgency determination
A high-recycling-rate exit close to California's. The producer must demonstrate to Ecology that the material is not collected through residential recycling, is recycled at a responsible market, is intended to be used and collected in a commercial setting, and has achieved a 65 percent state recycling rate for three consecutive years to December 31, 2029, then 70 percent annually demonstrated every two years. An alternative route at (p)(iv)(B) uses a producer-managed reuse or recycling rate on the same numbers. PARTIAL-PORTION RULE at (p)(v): only the qualifying portion is exempt.
E2SSB 5284 sec. 102(19)(p)
Construction and contractorsOut of scopeAutomatic by law
Packaging used for bulk construction materials. Washington is the only one of the seven states with a construction exclusion on the material side. Colorado's construction relief is entity-side and exempts the builder rather than the packaging.
E2SSB 5284 sec. 102(19)(n)
Agency catch-allConditionalAgency determinationNot yet determinable
Excluded materials as determined by the department under sec. 126. Ecology has determined none, and is at the start of rulemaking for chapter 173-950 WAC. The covered materials list is also open, and both change what a Washington producer owes.
E2SSB 5284 sec. 102(19)(l) with sec. 126
Washington enacted May 2025 and is in ramp-up. The exempt-materials list at E2SSB 5284 sec. 102(19) is statutory, adopted, and final, running (a) to (p). The de minimis definition at RCW 70A.208.020(16) is likewise settled. What is NOT settled is which covered materials carry which rate: the covered materials list and the fee structure come from the PRO program plan whose draft is not due until October 1, 2028. So a producer can know today whether they are in scope and cannot know what it will cost.

Responsible Producer

Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that makes or sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item into the state. The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in two states. In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)).

WA: The standard hierarchy above applies, and producers confirm their determination in the CAA portal. General framework; verify the statutory definition and your specific role before registering.

What You Report and Covered Materials

These attributes are the fee inputs, so they are best captured at design time. CAA collects this once through its producer portal and maps it to each state a producer sells into, and state-specific rules still apply. Retain supporting records to substantiate reports, exemptions, and credits, for the period your PRO agreement and the state program set.

Sec. 109 set October 1, 2026 for Ecology to develop initial collection lists, and preliminary lists were out for comment August 5 to 19, 2026. Ecology must publish the lists no later than 30 days after approving a plan (Sec. 109). Covered materials / recyclability list →

Design Levers: PCR, Source Reduction, and Toxics

Signaled

Ecology must set the percentage of postconsumer recycled content that covered materials must contain, and the PRO plan must carry PCR targets by material type, including the rates already set under the separate recycled content law, RCW 70A.245 (E2SSB 5284 Sec. 115(1) and (10)(a)); no EPR percentage has been set yet.

Ecology must also set the percentage of covered materials that must be plastic source reduced against a 2023 baseline (Sec. 115(10)(a); Sec. 102(27)), and no more than 8% of a PRO target can be met by switching from virgin plastic to PCR (Sec. 115(6)). None is set yet.

Washington applies the Toxics-in-Packaging heavy-metals limit and prohibits intentionally added PFAS in each food packaging application for which Ecology has found a safer alternative, two years after its report (RCW 70A.222.070(1), (5)).

Sources: Washington Toxics in Packaging; Toxics in Packaging Clearinghouse member list (Washington is a member); RCW 70A.222.070 (PFAS in food packaging). The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.

Statute and Rule Text

Statute: E2SSB 5284 (2025), the Recycling Reform Act. Read the statute →

Implementing rule: WAC 173-950 (in development). CR-101 filed March 19, 2026. Ecology estimates CR-102 in October 2027, hearings in December 2027, and rules effective May 2028. Read the rule →

Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.

Frequently Asked Questions

What is the July 1, 2026 deadline in Washington?
After July 1, 2026, a Washington producer must be a member of a registered PRO, in practice the Circular Action Alliance, or register as a PRO implementing an individual plan (E2SSB 5284 Sec. 104(1)(a)); producers also had to appoint a PRO by January 1, 2026 (Sec. 103(1)). This is a direct producer obligation. Non-compliant producers are out of compliance as of that date, even though the statutory start date for Ecology's enforcement against producers that are not PRO members is March 1, 2029 (Sec. 106(2)(m)).
What is Washington's de minimis test, and does the 2031 date delay it?
Washington's de minimis definition has three tests joined by "or", so meeting any one of them is enough: introducing under one ton of covered materials in the most recent fiscal year, having under $5 million in global gross revenue (excluding on-premises alcohol sales) in the prior fiscal year, or being an agricultural employer with under $5 million in Washington revenue from consumer sales of its own-brand agricultural commodities. See RCW 70A.208.020(16). January 1, 2031 does not delay the exemption: it is the date the $5 million figures begin annual CPI adjustment. Note also that the statute says "one ton" without specifying metric or short.
When does Washington EPR enforcement begin?
Washington Ecology begins enforcement against noncompliant producers that are not PRO members on March 1, 2029 (E2SSB 5284 Sec. 106(2)(m)). From that date a producer that is not a member in good standing of a registered PRO, in practice CAA, and has not submitted an individual plan may not introduce covered materials into Washington (E2SSB 5284 Sec. 104(2)). February 15, 2030 is the first cost-share milestone, when the PRO must reimburse at least 50% of service providers' net costs (E2SSB 5284 Sec. 117(2)(a)); it is not a producer fee start date, because Sec. 104(3)(b) requires the PRO to establish an initial producer fee structure and collect fees annually before plan approval. CAA published that early fee schedule for program year 2027 on October 1, 2026, and it does not say when the fees will be invoiced.
What type of supply report does Washington require?
Washington requires CAA's Interim Producer Report (Simplified Reporting Categories), showing aggregated weight by material category. The 2025 supply report was due to CAA May 31, 2026, a CAA-set program date; RCW 70A.208 fixes no producer reporting date, though the July 1, 2026 PRO membership date is statutory.