Washington State Enacts EPR Program For Packaging And Paper Products

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.