Producers and the Producer Responsibility Organization (PRO)

Producers of packaging and paper products sold to Washington consumers for noncommercial use are required to participate in Washington’s extended producer responsibility program.

Who is a producer?

Producers are defined in the law (RCW 70A.208.020(29)) as any of the following:

The person that manufactures the item sold under their brand
The person licensed to manufacture the item under another person’s brand or trademark
The brand owner of the item
The importer or distributor of the item

Additional definitions clarify how shipping packages are regulated when sold through e-commerce. The law also identifies the obligated producers for paper products, including publications.

Exempt organizations :

Government entities
Registered 501(c)(3) charitable organizations
Registered 501(c)(4) social welfare organizations
De minimis producers (refer to RCW 70A.208.020(16))

Producer obligations

Producers are responsible for the packaging and paper products introduced into Washington with their consumer products. Starting in 2026, producers of products covered under Washington’s Recycling Reform Act must meet the following obligations (per RCW 70A.208.030):

Register with an approved producer responsibility organization (PRO)
Report data to the PRO on their covered products introduced into Washington to consumers
Pay membership fees to the PRO
Comply with the requirements of the Recycling Reform Act

Producer Responsibility Organization (PRO)

The Circular Action Alliance is the PRO representing producers in Washington. We encourage all potentially obligated producers to register with CAA. Visit the Producer Resource Center for additional details and answers to frequently asked questions. CAA is the first point of contact for producer reporting guidance. Inquiries can be submitted to CAA's Producer Services team at producer.support@circularaction.org.

Review CAA registration materials

PRO responsibilities:

Set and collect producer fees
Fund Ecology’s implementation costs
Implement and fund program requirements
Develop the program plan, including performance targets and a methodology for reimbursement rates
Fund and operate a reuse grant program
Reimburse cities, counties, and service providers for costs after program implementation
Invest in infrastructure to expand and improve the residential recycling system
Submit annual reports
Meet performance targets in the approved plan

Alternative collection program

Interchange 360 (Lubricants Packaging Management Association) has been approved by Ecology as a group of producers intending to operate an alternative collection program for the petroleum and lubricants industry. A group operating an alternative collection program must meet many of the same requirements as a PRO. Reach out to Interchange 360 for more information.

Review the Interchange 360 registration materials

Petition for the exclusion of certain products

Under RCW 70A.208.260, producers or a PRO may submit a petition to Ecology to request the temporary exclusion of packaging from the program for reasons of public health or safety. Packaging may be excluded if it is used to contain one of the following:

Raw meat products that are demonstrated to transfer pathogens to direct contact packaging
Products regulated under the poison prevention packaging act of 1970
Products subject to requirements under federal laws that make their inclusion in the requirements of this chapter infeasible or inadvisable

A petition must provide information that is necessary and sufficient for Ecology to make a determination, including, at a minimum:

The technical feasibility of including the product in the program, and in recycling the packaging of the product
An analysis of any potential risks to public health and safety associated with the inclusion of a product in the program, and in recycling the packaging
The progress made by producers in achieving the goals of the program, including by reducing the amount of packaging used with the products, increasing the recycled content of the product packaging, and increasing the ability of the products' packaging to be reused, composted, or recycled if appropriate

Petitions must be submitted by Oct. 1, 2027, one year prior to the submission of a program plan. Ecology will make a determination and notify the producer with 90 days of receipt.

Submit a petition via email to recyclingreform@ecy.wa.gov.

Frequently asked questions

First distributor is defined in the law as the “person who first distributes the item in or into the state.” This entity is responsible for the packaging or paper product when the other entities in the definition are not identified. In the law definition (RCW 70A.208.020(29)), there are five entities identified as producers, starting with the manufacturer, followed by the brand or trademark license owner, the brand owner, and the importer, who are responsible for the packaging and paper products prior to the responsibility falling on the first distributor.

In this example the obligation for producer responsibility may be split between the producer and the private label retailers. The producer is responsible for their own branded products and the private label retailers are responsible for the products under the private label brand.

The producer can choose to take responsibility for all products, including the items packaged for the private label retailer. In that case, the producer would inform the PRO of their obligation for all branded products – through an agreement with the private label brand. That mutually signed agreement is reported to the PRO, not to Ecology (RCW 70A.208.020(29)(vi)(A)).

Contact information

Recycling Reform Act team
recyclingreform@ecy.wa.gov