The West Coast leads: Washington state strengthens the momentum behind US EPR reform

With the introduction of the Recycling Reform Act (SB 5284), Washington state became the seventh state to adopt packaging EPR, marking the point where this approach is no longer peripheral, experimental or limited to early adopters.

Washington state has long been associated with policy, process and long‑term change, a place where complex systems are shaped and refined, often steadily rather than dramatically.

So, while Washington is not the first US state to introduce extended producer responsibility (EPR) for packaging, its decision carries particular weight.

Its position on the West Coast amplifies this impact. With California and Oregon already moving ahead, Washington’s adoption creates a unified regional front across some of the largest consumer markets in the country. Together, these three states are beginning to steer a more coherent regulatory direction, even as each maintains its own mechanics and definitions.

A brief overview of Washington’s Recycling Reform Act

The Recycling Reform Act introduces EPR for residential packaging and paper products placed on the Washington market. In simple terms, producers are required to fund and support the collection, sorting and recycling of these materials, shifting much of the financial burden away from local authorities and households.

Who is considered the 'producer'?

As with most packaging EPR laws, responsibility sits with the company best placed to influence packaging decisions. In Washington, this can include:

• Brand owners or manufacturers
• Importers of record
• Distributors, depending on contractual arrangements

In e‑commerce contexts, the entity that packages products for shipment may be responsible for the shipping materials.

For European businesses selling into the US, this is a critical point. The obligated producer may not always be the US subsidiary or distributor. Mapping roles clearly across markets and sales channels is essential to avoid gaps in registration or reporting.

Registration and Producer Responsibility Organisations (PROs)

The most immediate compliance obligation under Washington’s law is registration.

Key milestones include:

• 1 January 2026 – Producers must appoint a Producer Responsibility Organisation (PRO)
• 1 March 2026 – The appointed PRO must register with Washington’s Department of Ecology
• 1 July 2026 – Producers must be members of a registered PRO (or registered individually, where permitted)

For the first implementation period, Washington intends to allow a single PRO to operate statewide. This differs from some European systems and adds an extra layer of strategic decision‑making for producers, particularly those already operating through PROs in multiple US states.

Thresholds and exemptions: largely no room to opt out

Unlike some European frameworks, Washington does not offer a broad de‑minimis threshold that allows small volumes of packaging to fall out of scope automatically. In practice, this means that any company placing covered packaging or paper on the Washington market should assume registration is required, unless a specific exemption applies.

There is provision for certain materials to be excluded if they can demonstrate very high reuse or recycling rates over multiple years, but this is likely to apply to a narrow range of products and requires robust supporting evidence. For most producers, it is safer to plan for full compliance from the outset.

Reporting: familiar in principle, different in execution

From a reporting perspective, Washington’s requirements will feel recognisable to businesses already managing EPR obligations in Europe.

Producers will be expected to:

• Report packaging data by material type and format
• Submit data through their PRO in accordance with state rules
• Maintain auditable records to support declarations

Where the US differs is in fragmentation. Each state has its own definitions, timelines and reporting interfaces. While the direction of travel is consistent, the practical reality is that companies will need systems capable of handling state‑specific data alongside European country reporting.

Good data management, clear product‑to‑packaging mapping, consistent material classifications and reliable volume calculations, will be the foundation of compliance.

How Washington compares to other US states

Washington’s law builds on the foundations laid by earlier states such as California, Oregon and Colorado. Many of the core principles are shared:

• Extended producer funding
• Statewide recycling planning
• Fee modulation and performance targets
• Regulatory oversight and enforcement

What sets Washington apart is less the ambition of the outcomes and more the timing and alignment. By joining its West Coast neighbours, Washington reinforces a regional bloc that is likely to influence how packaging EPR evolves in other parts of the US.

For producers, this reinforces the importance of looking at US compliance holistically, rather than treating each state in isolation.

Another Step Forward

Decisions coming out of Washington can often feel heavy, divisive or simply discouraging. Yet the Recycling Reform Act offers a different signal. It shows that progress is still being made, carefully, incrementally and with long‑term intent. Packaging EPR in the US will continue to advance in uneven steps, but Washington’s legislation reinforces the direction of travel.

It’s a reminder that sustainability progress is rarely linear, and that even when there are setbacks, a single step forward can still make the journey worthwhile.

How Ecosurety can help

Ecosurety supports producers operating across complex regulatory landscapes. For companies selling in both Europe and the US, this means:

• Helping identify where producer responsibility sits across markets and sales channels
• Supporting registration and engagement with PROs
• Aligning packaging data collection and reporting across regions
• Providing clarity as new US state EPR frameworks emerge

By building on the systems and experience organisations already use for European compliance, Ecosurety helps reduce duplication, improve confidence in reporting, and ensure businesses are prepared well ahead of enforcement dates.

If you need support, please get in touch with our team today.