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

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.