Thirty-five companies were fined a combined total of $416,554 for not complying with Washington’s recycled content law. The plastic producers did not include enough recycled material in trash bags and beverage containers covered under the law.
These are the first penalties issued under a 2021 state law aimed at reducing waste and pollution from plastics.
The penalties were based on the amount of plastic each company sold in Washington, and how far from the recycled content requirements they were. Fines ranged from $39 to $67,196.
The Washington Department of Ecology is responsible for implementing the law. It began registering producers and accepting annual fee payments in 2022. Minimum recycled content requirements took effect for several types of products covered under the law in January 2023. Companies that produce plastic trash bags were required to include a minimum of 10% recycled content. Beverage container producers had to include at least 15% recycled content.
Of the 128 companies that were required to meet recycled content requirements, 93 met or exceeded those benchmarks. Ecology registered 310 producers in total, but 182 have low enough revenue or sell a low enough weight of plastic that they are exempt from the requirements.
“Most producers see the value in using recycled content in their products,” said Peter Lyon, Ecology’s solid waste program manager. “We need to continue working together to improve our recycling system and reduce the pollution and contamination that come from producing new plastic.”
Under the 2021 law, plastic packaging producers are required to report the weight of both new and recycled plastic sold in Washington. Producers that fell short of the recycled content requirements were issued penalties.
Two producers that were issued penalties, Admiral Beverage Corporation and Lassonde Pappas, requested and received corrective action plans. Half their fines were suspended in exchange for a plan to achieve future compliance. All producers were offered this option, and five remain eligible: CAB Enterprises, Inc., Heaven Hill Distilleries, Inc., Jim Beam Brands, Langer Juice Company, Inc, and Premier Nutrition Company, LLC.
Companies and penalty amounts
- Admiral Beverage Corporation – $4,630
- Albertsons Companies – $41,954
- Angelcare USA – $44
- Arcadia Farms, LLC – $1,229
- Arizona Beverages USA – $6,391
- CAB Enterprises, Inc. (Electrolit USA) – $1,895
- Chobani, LLC – $39
- Danone US LLC – $6,285
- Del Monte Foods, Inc. – $243
- good2grow, LLC – $2,953
- Heaven Hill Distilleries, Inc. – $15,525
- Herbalife International of America, Inc. – $91
- HP Hood, LLC – $6,681
- Jim Beam Brands Co. / Suntory Global Spirits, Inc. – $4,220
- Johanna Beverage – $63
- Kraft Heinz Foods Company – $3,697
- KSF Acquisition Corp. – $24,582
- Langer Juice Company, Inc. – $11,530
- Lassonde Pappas and Company, Inc. – $5,646
- Milo’s Tea Company, Inc. – $5,644
- Ocean Spray Cranberries, Inc. – $53,568
- Premier Nutrition Company, LLC – $2,341
- Richardson Bottling Company (Mountain Mist) – $1,658
- Sazerac Company, Inc. – $32,758
- Soylent Nutrition, Inc. – $505
- Talking Rain Beverage Company, Inc. – $59,831
- The Clorox Company – $67,196
- The Kroger Co. – $9,021
- Topco Associates, LLC – $2,098
- Trader Joe’s – $2,381
- Tradin Organic – $3,275
- Tree Top, Inc. – $20,333
- Uline, Inc. – $14,991
- Walgreen Co. – $1,206
- Welch Foods, Inc., A Cooperative – $2,050
150 million pounds of plastic
According to data from 2023, more than 150 million pounds of plastic were used in trash bags and beverage containers covered under Washington’s plastics law. About 24% of that total – or 36 million pounds – was recycled material. The remaining 76% was virgin plastic.
Pay or appeal fines
Companies must pay their fines within 30 days or appeal them to Washington’s Pollution Control Hearings Board. Ecology will then conduct audits to identify additional producers that may have failed to meet registration or reporting requirements.
The agency believes there may be hundreds of plastic producers that fall under this law who have not registered their products. Companies that produce plastic containers are encouraged to review the public producer list, register if necessary, and contact Ecology for more information.