Mercury-containing lights regulatory guidance

For the purposes of this program, the producer of mercury-containing lights sold in or into Washington includes a person or entity that:

• Has or had legal ownership of the brand, brand name or co-brand of a mercury-containing light sold in or into the state, unless the brand owner is a retailer whose mercury-containing light was supplied by another producer participating in a stewardship program;
• Imports or imported mercury-containing lights branded by a producer that meets the above requirements and has no physical presence in the U.S.;
• Makes or made mercury lights sold in or into the state; or
• Sells or sold mercury lights at wholesale or retail, does not legally own the brand, and elects to fulfill the producer responsibilities.

See our list of mercury light producers

Every producer of mercury lights sold in or into Washington for retail sale must:

• Participate in an Ecology-approved product stewardship program.
• Help the stewardship program determine a recommended environmental handling charge.
• Add this charge to the price of all mercury-containing lights sold at retail.
• Remit the environmental handling charges to the stewardship organization.
  • For guidance, refer to the environmental handling charge application scenarios.
• Help the stewardship organization implement the mercury lights stewardship program.
• Ensure the stewardship program submits an annual report each June 1.

For guidance on sales of mercury lights, refer to our common questions about the sales of mercury-containing lights.

For guidance on the business and occupation tax and sales of mercury lights, refer to the Department of Revenue Special Notice.

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We approved the updated Washington State Mercury-Containing Lights Product Stewardship Plan on Jan. 10, 2022. For questions please contact Kelly Boyle at 425-561-0392 or kelly.boyle@ecy.wa.gov.

• Mercury Lights Law - Chapter 70A.505 RCW
• Mercury Lights Rule - Chapter 173-910 WAC

If you are interested in becoming a collector, contact LightRecycle Washington at info@lightrecycle.org.

Washington's law on mercury light disposal (Chapter 70A.505 RCW) establishes a producer-financed product stewardship program for the collection, recycling, and disposal of mercury lights. In March 2014, the law was amended to require the producers to finance the stewardship program through an environmental handling charge added to all mercury-containing lights sold at retail in the state. LightRecycle Washington is in operation as of Jan. 1, 2015.

Some utilities already offer fluorescent light recycling programs and many local governments collect mercury containing lights in their household hazardous waste programs. This product stewardship program should help reduce their costs for managing this waste stream.

• Guidance on the sales of mercury-containing lights
• Guidance on the business and occupation tax and sales of mercury-containing lights