Products required to meet recycled-content minimums
• Plastic trash bags
• Plastic beverage bottles
• Plastic bottles for household cleaning and personal care products
Covered producers include the manufacturer, brand owner, licensee of the brand or trademark, or importer or distributor of a covered product. This includes those who offer for sale, sell, or distribute these products in or into Washington.
Producers may register individually or through a third-party representative registering on behalf of a group of producers. We are currently developing the registration system.
Producers must pay annual fees starting in 2022
All covered producers are required to pay their share of administration costs identified in our annual workload analysis. This includes the cost of rulemaking. All producers must pay an annual fee beginning in 2022.
We anticipate completing the annual workload analysis by Jan. 31, 2022. Until rules are adopted (anticipated in late 2023), a general order will be issued to all producers of covered products that are adequate to cover, but not exceed our annual workload analysis.
Producers will receive an invoice by the end of April 2022. Payment is due by the end of May 2022. Exact dates are to be determined.
Annual fees based on total amount of plastic used
Annual fees will be based on the total pounds of plastic used for each category of covered products sold, offered for sale, or distributed into Washington state. If a producer or third-party representative successfully demonstrates that state level data are not available or feasible to generate, they may submit national data allocated on a per capita basis for Washington to satisfy the information requirement in this subsection.
Who is a de minimis producer?
A producer meets the de minimis threshold if they sell, offer for sale, distribute, or import in or into the country for sale in Washington:
- A single category of a covered product that generates less than $1 million in revenue each year; or
- A single category of containers or plastic trash bags, selling less than one ton each year.
De minimis producers should still register
Registration of de minimis producers lets us know the producer is not delinquent or out of compliance.