Washington packaging EPR: who's exempt, and the 2027 early fees

The exemption tests

Meeting any one of these exempts you:

• Revenue: less than $5,000,000 in global gross revenue in the prior fiscal year, excluding on-premises alcohol sales. The figure is fixed until it starts adjusting for inflation on January 1, 2031.
• Tonnage: less than 1 ton of covered materials introduced into Washington in the most recent fiscal year.
• Agricultural employers with under $5 million (adjusted) in Washington consumer sales of their own-brand agricultural commodities.
• Government, 501(c)(3) and 501(c)(4) organizations.

These are alternatives. Some secondary summaries wrongly say you need to be under 1 ton and under $5 million.

Exempt producers don't file anything under the statute, and Ecology's draft rule says the chapter doesn't apply to de minimis producers. It is unconfirmed whether CAA will ask for an attestation at registration.

Packaging for FDA-regulated drugs, devices and dietary supplements is exempt as material. Beverage containers are not (Washington has no bottle bill).

2027 early fees

CAA's Program Year 2027 early fee schedule, published October 1, 2026, charges per pound by 8 simplified categories:

• Printing and writing paper: $0.016/lb
• Glass and ceramics: $0.002/lb
• Metal: $0.009/lb
• Paper/fiber: $0.005/lb
• Rigid plastic: $0.011/lb
• Flexible plastic: $0.025/lb
• Wood and other organic materials: $0.030/lb
• Compostable materials: $0.017/lb

As arithmetic only: 2,000 lb in the flexible plastic category at $0.025/lb would be $50. The schedule contradicts earlier law-firm statements that Washington fees would not start before 2028.

Still unknown: when CAA will invoice these fees, and which data year they'll be based on. Washington's most recent CAA report was a simplified report of 2025 supply by material class, due May 31, 2026 (described as voluntary by some sources).

The bigger timeline

• Washington Ecology's rules (chapter 173-950 WAC) are still in draft; adoption is estimated around April 2028.
• The program plan is due October 1, 2028.
• From March 1, 2029, producers not in good standing can't sell covered products into Washington.
• Shipping packaging belongs to whoever packs the item to ship to the consumer. See who reports shipping packaging.

Penalties

Producers face up to $1,000 per violation per day, and $10,000 per violation per day for repeat violations, but only 60 days after a notice of violation sent by certified mail. Sellers of a non-compliant producer's products can face the greater of twice the value or $500 after a warning, waived if they stop the sales within 30 days.

What to do next

1. Check your global gross revenue for your prior fiscal year against $5,000,000.
2. If you're over it, estimate the covered materials you put into Washington in your most recent fiscal year against 1 ton.
3. If you're not exempt and haven't joined CAA, register now: the July 1, 2026 membership date has passed, and late registration is the path back to compliance.
4. Sort your Washington packaging into the 8 categories and multiply by the rates above to budget.
5. Optional: CAA holds a Washington early-fee webinar on October 21, 2026.
6. Watch for CAA's invoice timing announcement.

Sources

• Circular Action Alliance: Washington 2027 early fee schedule (PDF), Washington, Washington producer definition (PDF)
• Statute: RCW 70A.208
• Washington Ecology: Recycling Reform Act, Producer responsibility organization, Chapter 173-950 WAC rulemaking, draft rule language (PDF)

General information, not legal advice. Rules change; we re-verify each season.