Who is required to report?
Producers must take responsibility for all the requirements of the law for all brands that they own. This applies even if the product is manufactured by someone other than the brand owner, another person registers on their behalf, or if the producer owns brands under a different name. Every non-exempt covered product must have one designated producer.
Unless provided with evidence otherwise, we will assume the brand owner is the producer.
Store brands and private-label brands that have legal ownership of the brand, brand name, or co-brand of covered products are responsible for compliance under the definition of producer as the person who imports or distributes the product in the state. For example, in cases where products are manufactured or supplied by someone other than the brand owner, we consider responsibility for compliance to be the person who imports or distributes the covered product in the state. The full definition of producer is in Chapter 70A.245.010 RCW, but is likely to change through rulemaking.
Who is a de minimis producer?
There are two ways to qualify:
If a single category of a covered product generates less than $1 million each year in revenue in Washington.
or
If a single category of a covered product generates less than one ton of containers or trash bags.
Although de minimis producers are not required to register, doing so demonstrates that the producer is in compliance the PCRC law. Compliance status will be publicly available on a website, and we will follow up with producers who are not registered. For these reasons, we encourage de minimis producers to register. You do not have to pay annual fees if you are registered as a de minimis producer. De minimis producers may be required to notify us of their de minimis status in the future.
De minimis status must be determined at the level of the producer and not at the level of individual brands, collections, subsidiary brands, or sub-brands owned by the producer.
I need to make changes to my registration. What do I do?
Contact the Recycled Content Team to make changes to your registration information at recycledcontent@ecy.wa.gov.