Governor Ferguson Signs EPR Bill, Making Washington the Seventh State to Adopt EPR for Packaging

On May 17, 2025, Washington Governor Bob Ferguson signed into law SB 5284, also known as the Recycling Reform Act. This law implements an Extended Producer Responsibility (EPR) scheme for packaging and paper products introduced into the state, subject to certain limited exemptions. Washington is now the seventh state in the U.S. to implement EPR for packaging and/or paper products.

The Recycling Reform Act requires the Washington Department of Ecology (the Department) to conduct and submit a statewide recycling needs assessment by December 31, 2027, and every five years thereafter. Additionally, a Producer Responsibility Organization (PRO) must register with the Department by March 1, 2026. Further, producers of covered materials must be a member of a PRO or register with the Department independently by July 1, 2026.  

The intent of the law is to develop a statewide EPR scheme for consumer packaging and paper products. This is evidenced in the following definitions for the covered products.

• “Packaging” is defined as a material, substance, or object that is used to protect, contain, transport, serve, or facilitate delivery of a product and is sold or supplied with the product to the consumer for personal, noncommercial use.
• “Paper product” includes all paper sold or supplied to a consumer for personal, non-commercial use, with limited exceptions for certain products such as magazines with limited circulation and paper that has become unsafe or unsanitary to handle.

By October 1, 2028, a PRO must submit to the Department a plan showing how producers registered with the PRO will comply with the provisions of SB 5284, including the recycling and reimbursement provisions of this law. Further, after March 1, 2029, covered materials may not be introduced into Washington unless the producer is registered with a PRO. Also, on March 1, 2029, the Department will initiate enforcement activities against producers of covered materials who are not members of a PRO.