2023 Single-Use Plastics Law in Washington
In 2023, the State of Washington requires brands to register their products so they can track, and charge brands based on their new law.
Washington’s plastics law, Chapter 70A.245 RCW2 requires producers of many common single-use plastics to include a minimum amount of recycled material in their product packaging. All producers that offer for sale, sell, or distribute covered products in or into Washington are required to register with the Department of Ecology on or before April 1st, 2023, and annually thereafter. Registration and annual fee payment are required regardless of the date that a producer’s category of covered products is required to begin meeting recycled-content minimums as detailed in the timeline below.
Products required to meet recycled content minimums.
Plastic trash bags
10 percent minimum for recycled content starts Jan. 1st, 2023.
Trash bag labeling requirements starting Jan. 1st, 2023.
Plastic beverage bottles
15 percent minimum for recycled content starting Jan. 1st, 2023.
Plastic containers for household cleaning and personal care products.
For your reference, we have attached links to the law (below) along with a link to the Washington State Plastics Producer Registration Overview and Instructions.
BEGINNING JANUARY 1, 2025
(b) Beginning January 1, 2025, producers that offer for sale, sell, or distribute in or into Washington household cleaning and personal care products in plastic household cleaning and personal care product containers must meet minimum post-consumer recycled content as required under subsection (5) of this section.
REGISTER WITH STATE OF WASHINGTON BEFORE APRIL 1, 2022
(2)(a) On or before April 1, 2022, and annually thereafter, a producer that offers for sale, sells, or distributes in or into Washington-covered products must register with the department individually or through a third-party representative registering on behalf of a group of producers. (b) The registration information submitted to the department under this section must include a list of the producers of covered products and the brand names of the covered products represented in the registration submittal.
NO LESS THAN 50% PCR BY WEIGHT
(iii) On and after January 1, 2036: No less than 50 percent post-consumer recycled content plastic by weight. (5) A producer of household cleaning and personal care products in plastic containers must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic containers, by weight, that is sold, offered for sale, or distributed in or into Washington by the producer effective: (a) January 1, 2025, through December 31, 2027: No less than 15 percent postconsumer recycled content plastic by weight; (b) January 1, 2028, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and (c) On and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight.
CLEANING AND PERSONAL CARE PRODUCTS
(ii) For plastic household cleaning and personal care product containers, the department may not adjust the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to subsection (5) of this section or below a minimum of 10 percent.
APPEALS
d) A producer or the manufacturing industry for a covered product may appeal a decision by the department to adjust postconsumer recycled content percentages under (a) of this subsection or to temporarily exclude covered products from minimum postconsumer recycled content requirements under subsection (8) of this section to the pollution control hearings board within 30 days of the department’s determination. (8) The department must temporarily exclude from minimum post-consumer recycled content requirements for the upcoming year any RCW (7/6/2022 8:25 PM) [ 3 ] types of covered products in plastic containers for which a producer annually demonstrates to the department by December 31st of a given year that the achievement of postconsumer recycled content requirements in the container material is not technically feasible in order to comply with health or safety requirements of federal law, including the federal laws specified in subsection (7)(b)(v) of this section. A producer must continue to register and report consistent with the requirements of this chapter for covered products temporarily excluded from minimum post-consumer recycled content requirements under this subsection.
