Washington State SB 5022 Postconsumer Recycled Content Requirements & Polystyrene Prohibition

Jun. 29 2022

Approved by Governor

On May 17, 2021, Washington State Governor Inslee signed SB 5022 Recycling and Waste and Litter Reduction – Various Provisions into law. The new legislation was effective July 25, 2021 and covers mandatory postconsumer recycled content requirements along with a polystyrene prohibition.

Summary of Changes
• Establishes minimum recycled content requirements for plastic beverage containers, plastic household cleaning and personal care product containers, and plastic trash bags.
• State driven plastic data registration and reporting (State Registration)
• New trash bag labeling requirements
• Prohibits the sale and distribution of certain expanded polystyrene products.
• Establishes optional single-use food service requirements for food service businesses.

Background
Beginning April 1, 2022, producers of beverages sold in plastic containers, plastic trash bags, and household cleaning and personal care products in plastic containers (covered products) selling or distributing in Washington must register with Ecology, either individually or through a third-party representative. Registration information must include a list of producers and brand names.

Beginning April 1, 2024, beverage and trash bag producers must provide an annual report to Ecology including the amounts of virgin and postconsumer recycled (PCR) plastic content by resin type in beverage containers sold or distributed in Washington. These annual reporting requirements begin in 2026 for household cleaning and personal care product containers, and in 2029 for producers of wine in 187-milliliter beverage containers and dairy milk.

Manufacturers may request information or records submitted to Ecology be kept confidential, under Ecology's processes for protecting confidential business information. Plastic trash bag producers must begin labeling the packaging of products sold or distributed in Washington with the name of the producer or a uniform resource locator or quick response code, beginning January 1, 2023.

Civil penalties up to $1,000 for each day of violation are established for violations of registration, reporting, and labeling requirements. Prior to assessing a penalty, Ecology must issue at least two notices of violation.

Link to the bill: https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5022-S2.SL.pdf?q=20220624115143

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