On January 19, Gov. Jay Inslee issued extensions on 26 emergency proclamations, which were concurrently extended by the Legislature on January 15 with the passage of Senate Concurrent Resolution 8402. These extended proclamations include an extension to the delay of bag ban implementation.
These emergency proclamations are effective until the end of the COVID-19 state of emergency declared in RCW 43.06.210, unless rescinded by the Governor or the Legislature, whichever occurs first. Therefore, implementation of the bag ban is delayed by Governor’s proclamation until otherwise noted.
Substitute House Bill 1053 would delay the implementation of the statewide bag ban until June 30, 2021. If passed, this bill may impact the Governor’s proclamation.
Who does the ban apply to?
- All retail, grocery, and convenience stores.
- Any restaurant or establishment offering take-out or delivery food or goods.
- Temporary stores or vendors..
- Any event where food or goods are sold or distributed
What kind of bags are banned?
Any single-use, plastic carry-out bag provided at delivery, check stand, cash register, point of sale, or other point of departure to a customer.
What kind of bags are allowed?
- Paper bags made of at least 40% post-consumer recycled content. Paper bags must be labeled with their post-consumer recycled content.
- Plastic bags made of at least 20% post-consumer recycled content made of plastic film at least 2.25 mil think. These plastic bags must be labeled "Reusable," including post-consumer recycled content.
Are there any restrictions on customers bringing their own bags?
No. Customers are encouraged to bring and reuse their own bags when they shop. Some businesses may require customers to bag their own groceries in reusable bags. Customers should clean and disinfect their hands and reusable bags frequently.
Exceptions to the single-use plastic bag ban include those used by consumers inside stores for:
- Bulk items
- Produce
- Frozen food
- Meat
- Fish
- Flowers
- Potted plants
- Prepared food or bakery goods
- Prescription drugs
These bags are also exempt:
- Newspaper bags
- Mailing pouches
- Sealed envelopes
- Door hanger bags
- Dry cleaning bags
- Bags sold in packages with multiple bags, like food storage, garbage, or pet waste
What about compostable bags?
Compostable film bags for products bagged in stores before checkout must meet the requirements for compostable products and film bags in Chapter 70.360 RCW.
Businesses are allowed to give the bags to customers at checkout, with an optional fee. However, we can't currently recommend their use, because Washington lacks uniform composting infrastructure.
What are the requirements for reusable heavy-duty plastic bags sold in-store?
Reusable film plastic bags must contain a minimum of 20% post-consumer recycled content until July 1, 2022, and thereafter must be made from a minimum of 40% post-consumer recycled content.
The percentage of post-consumer recycled content, the mil thickness, and "Reusable" must be displayed in print on the outside of the plastic bag. Bags meeting these requirements are still subject to the 8-cent charge.
What is a “mil” (as in the 2.25 mil requirements for reusable plastic bags)?
A mil is a measurement that equals one-thousandth of an inch, or 0.001 inch. One mil also equals 0.0254 mm (millimeter). Reusable plastic bags sold for 8 cents under the new bag ban are required to be at least 2.25 mil and this requirement will increase to 4 mil beginning in 2026.
Where does the 8-cent fee on paper and reusable bags go?
Businesses collect and keep this fee, to recover some of the cost of providing the bags.
Why did the state ban lightweight plastic carryout bags but allow heavyweight, thicker ones?
The thicker, stronger plastic bags — those more than 2.25 millimeters thick — have special uses for which paper is not a good option or not readily available. These bags must still be made of at least 20% post-consumer recycled content and have the recycled content printed on the outside of the bag. In 2025, the required thickness increases to 4 mil.
Aren’t the non-woven polypropylene bags sold as reusable bags by many retailers as much of a problem as the lightweight throwaway bags they’re replacing?
No. When regularly used, the impact of reusable bags is less than that of the many more lightweight plastic bags they’ve replaced. They carry from two to three times as much as typical throwaway plastic bags, which often need to be doubled for strength.
How will this be enforced?
Anyone will be able to report a business using prohibited bags through this webpage, starting in 2021. We will review complaints and respond by providing the non-compliant business with additional information, resources, and technical assistance. Though Ecology intends to respond whenever possible with assistance in gaining compliance, repeated and continuous non-compliance may result in up to a $250 fine.
What laws changed?
The plastic bag ban reenacts and amends Chapter 43.21B.110 RCW. It also adds a new section to Chapter 82.04 RCW. This law is located at Chapter 70a.530 RCW.
On Jan. 19, Gov. Jay Inslee issued extensions on 26 emergency proclamations, which were concurrently extended by the Legislature on January 15 with the passage of Senate Concurrent Resolution 8402. These extended proclamations include an extension to the delay of bag ban implementation.
These emergency proclamations are effective until the end of the COVID-19 state of emergency declared in RCW 43.06.210, unless rescinded by the Governor or the Legislature, whichever occurs first. Therefore, implementation of the bag ban is delayed by Governor’s proclamation until otherwise noted.
Substitute House Bill 1053 would delay the implementation of the statewide bag ban until June 30, 2021. If passed, this bill may impact the Governor’s proclamation.
Who does the ban apply to?
- All retail, grocery, and convenience stores
- Any restaurant or establishment offering takeout or delivery food or goods
- Temporary stores or vendors
- Any event where food or goods are sold or distributed
What should retailers do with bag inventory purchased before the ban's effective date?
Businesses may use up their existing plastic bag inventory without penalty until June 11, 2021.
However, this grace period does not apply in areas that already banned plastic bags prior to the statewide ban. Businesses may have to prove the bags were purchased before the ban. Chain stores with outlets outside of Washington may ship their bag inventory to those out-of-state locations.
Is there a grace period for businesses to use up plastic bag inventory purchased prior to statewide bag ban implementation?
Pastic bags procured before Jan. 1, 2021, may be distributed at point of sale without enforcement until June 11 2021. However, this only applies in areas that did not previously have a bag ban ordinance in place.
It does not apply to the 39 jurisdictions in Washington that already passed bag ban ordinances prior to passage of the statewide ban. The most important things to keep in mind are:
- Plastic bag ban implementation begins on Jan. 1, 2021.
- Cities or counties that already had bag ban ordinances in place do not receive a grace period to use up existing bag inventories.
- While there is a grace period lasting through June 2021, businesses may experience confusion and pushback from customers if they continue using plastic bags after Jan. 1, 2021.
- If a customer submits a complaint about the business not being in compliance before June 2021, the business will be required to provide written documentation that the bags were purchased before Jan. 1, 2021.
- The intent of the grace period is not for businesses to purchase a huge inventory of bags before January. The grace period is intended only to prevent waste of bags already procured.
What carry-out paper bags are allowed?
The bag ban allows large paper carry-out bags, which are required to be 1/8 barrel paper bags or 882 cubic inches or larger. They must be made of at least 40% post-consumer recycled content and be labeled as such on the outside of the bag.
Are there any restrictions on customers bringing their own bags?
No. Customers are encouraged to bring and reuse their own bags when they shop. Some businesses may require customers to bag their own groceries in reusable bags. Customers should clean and disinfect their hands and reusable bags frequently.
What are the requirements for paper bags?
Paper bags must contain at least 40% post-consumer recycled fiber and be labeled with that content, as well as its recyclability in order to meet statewide composting requirements.
Can my business use bags that are almost 2.25 mils thick?
Should a question arise, retailers must be prepared to show that the bags they are using are 2.25 mils thick or greater and are labeled as such. No leniency will be given for bags under 2.25 mils.
Where does the 8-cent fee on paper and reusable bags go?
Businesses collect and keep this fee to recover some of the cost of providing the bags.
Is the 8-cent fee taxable?
Yes. The Washington State Department of Revenue has confirmed that the 8-cent charge is subject to sales tax since retail stores are selling the bags.
Can retailers “eat the cost” of approved plastic and paper checkout bags and not charge their customers?
No. The minimum 8-cent charge must be collected and is intended to promote the use of reusable bags by customers. The number and total cost of these bags must be shown on the customer’s sales receipt. This ensures a level playing field among retailers.
What about low-income customers?
The charge does not apply to customers with electronic benefits cards under the Supplemental Nutrition Assistance Program (SNAP), the Washington State Food Assistance Program (FAP), the Women, Infants, and Children (WIC), or Temporary Assistance for Needy Families (TANF) support programs.
The Plastic Bag Ban does not apply to food banks and other food assistance programs, but we encourage these organizations to reuse bags whenever possible.
During the transition is Ecology going to offer any promotional assistance?
We provided an outreach toolkit in October 2020 with targeted informational fliers, point of sale cards, and "Bring Your Own Bag" signage.
We urge all businesses to display plastic bag ban signs, create promotional materials like branded reusable bags, and to direct questions to this webpage.
What is the plan for informing retailers?
We developed training, education, and outreach materials to share with Washington businesses, associations, and their members.
We continue to collaborate with:
- Northwest Grocery Association
- Alliances Northwest
- The Washington Hospitality Association,
- The Washington State Association of Counties
- The Washington Retail Association
- The Association of Washington Cities
- The Korean Grocers Association
Please contact us if your association would like to get involved.
How will this be enforced?
Members of the public who observe non-compliant businesses will be able to submit observations through the Ecology website. Ecology staff will review complaints and respond by providing the business with additional information, resources, and technical assistance.
Initially, we'll work to assist lagging businesses to get current with this ban. But repeated and continuous instances can result in up to a $250 fine.
Are bags used to wrap bakery goods banned?
Film plastic bags traditionally used by customers in stores for bulk items may be used for individual bakery goods, loaves of bread, and other pastries. They are exempt, as an in-store packaging, and can be used for produce, bulk foods, meat, ice cream, flowers, or any other items prone to moisture problems.
When are single-use plastic bags allowed for prepared food or bakery goods?
These goods may be wrapped in smaller plastic bags typically used for produce, but not in single-use plastic carry-out bags. Single-use plastic carry-out bags like those traditionally provided at point of sale are not allowed for prepared or bakery goods.
Does the 8-cent charge for paper and reusable plastic bags apply for businesses offering curbside pickup?
Yes, the 8-cent bag charge is for any bag provided to the customer, regardless of whether it is at pickup or point of sale.