California vs Washington EPR: Rules Compared
Last verified
California and Washington both run packaging EPR, but the rules differ. California exempts only producers below the lower revenue floor, $1,000,000 against $5,000,000 in Washington. Both require producers to register. Every figure below links to its primary source. Instica measures, estimates and prepares; the customer signs and submits.
California and Washington side by side
2 of 9 rows have a verified figure on each side of California and Washington; a cell reads “not yet published” when a side has none, and an exemption row reads “none recorded; see thresholds” when no exemption is on record.
| Measure | California | Washington | Stricter |
|---|---|---|---|
| Registration duty | Required | Required | Same |
| Producer organisation | one producer responsibility organisation | one producer responsibility organisation | Not comparable |
| Lowest revenue exemption | $1,000,000 | $5,000,000 | California |
| Lowest weight exemption | none recorded; see thresholds | 907.2 kg | Not comparable |
| First annual report date | not yet published | May 31 | Not comparable |
| Published penalties | 1 published | 1 published | Not comparable |
| Report file | csv | csv | Not comparable |
| Paper fee, cheapest matched rate | 0.4 cents per pound | not yet published | Not comparable |
| Plastic fee, cheapest matched rate | 2.5 cents per pound | not yet published | Not comparable |
The lowest revenue exemption is $1,000,000 in California and $5,000,000 in Washington. California therefore reaches smaller sellers: a business with revenue between the two lines is exempt in Washington but still in scope in California.
Both programmes require a producer to register, in California and in Washington.
Who runs the programme in California and Washington
Who collects and who the producer files with, in California and then Washington.
| Aspect | California | Washington |
|---|---|---|
| Regime | California SB 54, Plastic Pollution Prevention and Packaging Producer Responsibility Act (Public Resources Code, Division 30, Part 3, Chapter 3.1) | Washington Recycling Reform Act, chapter 70A.208 RCW |
| Regulator | CalRecycle (Department of Resources Recycling and Recovery), through its PEPRS portal | Washington State Department of Ecology |
| Producers obligated | Yes | Yes |
| Registration | Required, PEPRS (CalRecycle Packaging Extended Producer Responsibility System) | Required, Producer registers with a PRO; the PRO registers with Ecology |
| Producer organisation | one producer responsibility organisation: Circular Action Alliance; membership required | one producer responsibility organisation: Circular Action Alliance; membership required |
| Transfer of responsibility | Not allowed | not yet published |
| Revenue counted as | gross revenue inside the jurisdiction, USD, calendar year | worldwide gross revenue, USD, prior fiscal year |
| Who counts as the producer | other: manufacturer or brand owner, brand licensee, first distributor; primary: manufacturer or brand owner, brand licensee, first distributor; secondary: manufacturer or brand owner, brand licensee, first distributor; service: manufacturer or brand owner, brand licensee, first distributor; shipping: manufacturer or brand owner, brand licensee, first distributor; tertiary: manufacturer or brand owner, brand licensee, first distributor | primary: manufacturer, brand licensee, brand owner, importer |
Both programmes organise producer responsibility the same way: one producer responsibility organisation. The practical differences between California and Washington therefore sit in thresholds, fees, dates and report formats rather than in whom a producer deals with.
What California and Washington cover, side by side
Each row below is one published feature of the two programmes; a cell reads “not yet published” when California or Washington has no verified entry for it in the dataset.
| Aspect | California | Washington |
|---|---|---|
| Materials covered | single use packaging, plastic single use food service ware | packaging, paper products |
| Product classes covered | primary packaging, secondary packaging, tertiary packaging, packaging components and ancillary elements | packaging, paper |
| Excluded from scope | medical products and drugs, animal medicines, infant formula, medical food, fifra products, dangerous goods plastic containers, hazcom hazardous or flammable products, beverage containers subject to crv, long term product protection 5 years, architectural paint program packaging, agricultural commodity packaged on site | exempt materials |
| Sales channels addressed | retail, wholesale, remote offering, online | physical retail, remote sale, other distribution |
| Producer duty: primary packaging | manufacturer_brand_owner; licensee; first_distributor | manufacturer; licensee; brand_owner; importer |
| Producer duty: secondary packaging | manufacturer_brand_owner; licensee; first_distributor | not yet published |
| Producer duty: tertiary packaging | manufacturer_brand_owner; licensee; first_distributor | not yet published |
| Producer duty: shipping packaging | manufacturer_brand_owner; licensee; first_distributor | not yet published |
| Producer duty: service packaging | manufacturer_brand_owner; licensee; first_distributor | not yet published |
| Producer duty: other packaging | manufacturer_brand_owner; licensee; first_distributor | not yet published |
| Published targets | plastic_source_reduction 10 by 2027-01-01; plastic_source_reduction 20 by 2030-01-01; plastic_source_reduction 25 by 2032-01-01; plastic_recycling_rate 30 by 2028-01-01; plastic_recycling_rate 40 by 2030-01-01; plastic_recycling_rate 65 by 2032-01-01; recyclable_or_compostable_share 100 by 2032-01-01 | not yet published |
| Exemption 1 | Temporary, renewable exemption from most reporting and fee requirements for producers with gross annual California sales under $1 million. Long-term duty remains: all packaging recyclable or compostable by 2032. (application needed) | A de minimis producer is under one ton, or under the global revenue limit, or an agricultural employer within limits. |
| Exemption 2 | A person who produces, harvests and packages an agricultural commodity on the site where it was grown or raised is not a producer. | Registered 501(c)(3) and 501(c)(4) organizations are excluded from the producer definition. |
| Exemption 3 | Beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act are not covered material. | not yet published |
| Exemption 4 | Covered material meeting a 65% (through 2026) or 70% (2027 on) recycling rate, outside curbside collection and commingled sorting, recycled at responsible end markets, is not covered material once CalRecycle approves the producer's demonstration. (application needed) | not yet published |
Thresholds and exemptions in California and Washington
Every verified threshold California and Washington publish, as each states it.
| Place | Measure | Amount | Effect | Basis as published |
|---|---|---|---|---|
| California | revenue | $1,000,000 | exempt below | gross annual sales in California, most recent calendar year |
| Washington | packaging tonnage | 1 short ton | exempt below | covered materials introduced, most recent fiscal year |
| Washington | revenue | $5,000,000 | exempt below | global gross revenue, prior fiscal year |
California exemption: Temporary, renewable exemption from most reporting and fee requirements for producers with gross annual California sales under $1 million. Long-term duty remains: all packaging recyclable or compostable by 2032. It must be applied for.
California exemption: A person who produces, harvests and packages an agricultural commodity on the site where it was grown or raised is not a producer. It does not have to be applied for.
California exemption: Beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act are not covered material. It does not have to be applied for.
California exemption: Covered material meeting a 65% (through 2026) or 70% (2027 on) recycling rate, outside curbside collection and commingled sorting, recycled at responsible end markets, is not covered material once CalRecycle approves the producer's demonstration. It must be applied for.
Washington exemption: A de minimis producer is under one ton, or under the global revenue limit, or an agricultural employer within limits. It does not have to be applied for.
Washington exemption: Registered 501(c)(3) and 501(c)(4) organizations are excluded from the producer definition. It does not have to be applied for.
Read the basis column first: the same amount can exempt a producer in one programme and only simplify its report in another.
The lowest revenue exemption is $1,000,000 in California and $5,000,000 in Washington. California therefore reaches smaller sellers: a business with revenue between the two lines is exempt in Washington but still in scope in California.
Fees per kilogram for shared materials
California publishes per-kilogram rates in the dataset; Washington does not. The rows therefore show California only. Until both sides publish per-kilogram rates for the same material class, a fee comparison between California and Washington would mean inventing a figure, and this page does not do that.
California: the 2026 fee schedule of Circular Action Alliance (California PRO), early fee, effective January 1, 2026, is the source of the per-kilogram rates used on this page.
California 2026: the category “Paper/Fiber” is published at 0.4 cents per pound.
California 2026: the category “Plastic - Flexible” is published at 2.5 cents per pound.
California 2026: the category “Glass and Ceramics” is published at 0.3 cents per pound.
Deadlines in California and Washington
Each verified date, with the period it covers when one is given.
| Place | Kind | Date | Covers |
|---|---|---|---|
| California | registration | January 1, 2027 | not yet published |
| California | taxonomy update | January 1, 2027 | not yet published |
| Washington | other | March 1, 2026 | not yet published |
| Washington | report | May 31, 2026 | not yet published |
| Washington | registration | July 1, 2026 | not yet published |
| Washington | other | October 1, 2028 | not yet published |
| Washington | other | March 1, 2029 | not yet published |
| Washington | other | January 1, 2030 | not yet published |
| Washington | payment | February 15, 2031 | not yet published |
| Washington | payment | February 15, 2032 | not yet published |
Penalties in California and Washington
What each side has published; a side without an amount says so.
California penalty for failure to comply with the chapter or its regulations: up to $50,000 per day per violation.
Washington penalty for producer violating chapter 70A.208 RCW: up to $1,000 per day.
Report formats in California and Washington
How the report file for California compares with the one for Washington.
| Aspect | California | Washington |
|---|---|---|
| Layout | California SB 54 producer data by covered material category 2026-09-29 (built from PRC 42052(a)(1) and CalRecycle guidance of 4 August 2026) | Washington interim producer supply report by material class 2026-09-29 (interim, built from CAA guidance) |
| Recipient | Circular Action Alliance (PRO) or CalRecycle through PEPRS for self-reporting producers | Circular Action Alliance (Washington PRO) |
| How it is submitted | CAA producer portal, or CalRecycle PEPRS when the producer reports directly. The customer signs in and submits. | CAA producer portal. The customer signs in and submits. |
| File type | csv | csv |
| Encoding | utf-8 | utf-8 |
| Delimiter | , | , |
| Decimal separator | . | |
| Columns | 5 | 4 |
| Required columns | 5 of 5 | 4 of 4 |
| Weight unit | lb | lb |
| Period basis | calendar year | calendar year |
The two layouts share a file type and a delimiter, but each programme names its own columns and categories, so one file cannot be sent to both programmes. Each report is built from the same underlying measurements and exported separately.
Which to plan for first, California or Washington
Check the exemption thresholds before anything else. California reaches smaller sellers than Washington, so a seller that is exempt in Washington may still have to register in California.
Questions about comparing these two programmes
Is California or Washington stricter on packaging EPR?
California exempts only producers below the lower revenue floor, $1,000,000 against $5,000,000 in Washington. Both require producers to register.
Do I register in both California and Washington?
California requires producers to register. Washington requires producers to register.
How do the fees per kilogram compare in California and Washington?
The dataset does not hold per-kilogram rates for the same material class on both sides, so this page does not compare fees.
Which deadline comes first, California or Washington?
The dataset does not hold a verified annual report date on both sides, so this page does not say which comes first.
Which states have passed EPR laws?
California: at the primary packaging level the producer hierarchy names the manufacturer or brand owner, brand licensee and first distributor (2023). Washington: at the primary packaging level the producer hierarchy names the manufacturer, brand licensee, brand owner and importer (2025).
Does CA actually recycle?
California: the packaging rules sit in California SB 54, Plastic Pollution Prevention and Packaging Producer Responsibility Act (Public Resources Code, Division 30, Part 3, Chapter 3.1). Washington: the packaging rules sit in Washington Recycling Reform Act, chapter 70A.208 RCW. California: the regulator is CalRecycle (Department of Resources Recycling and Recovery), through its PEPRS portal.
What can you recycle in Washington state?
Washington: the packaging rules sit in Washington Recycling Reform Act, chapter 70A.208 RCW. California: the regulator is CalRecycle (Department of Resources Recycling and Recovery), through its PEPRS portal. Washington: the regulator is Washington State Department of Ecology. California places an obligation on packaging producers.
How these figures are made
Sources
- calrecycle.ca.gov: packaging epr retrieved
Original wording: SB 54 establishes a new extended producer responsibility (EPR) program to manage packaging and single-use plastic food service ware products
Original wording: Circular Action Alliance has been approved to serve as the first Producer Responsibility Organization.
Original wording: This updated information will inform the next update to the Covered Material Categories List, which will be published by January 1, 2027.
- calrecycle.ca.gov: producerguidance retrieved
Original wording: PEPRS is CalRecycle’s online portal for: Producer Registration Data Submission Compliance Tracking
Original wording: Circular Action Alliance manages registration, reporting, and submissions of certain exemptions and exclusions on the producers’ behalf.
Original wording: 65% Single-Use Plastic Recycled
- leginfo.legislature.ca.gov: codes displaySection.xhtml (faces) retrieved
Original wording: a producer shall not sell, offer for sale, import, or distribute covered materials in the state unless the producer is approved to participate
Original wording: upon approval of a plan pursuant to Section 42063, or commencing January 1, 2027, whichever is sooner
- leginfo.legislature.ca.gov: codes displaySection.xhtml (faces) retrieved
Original wording: The owner or operator of the online marketplace shall not be considered the retailer or wholesaler for such sales.
Original wording: the producer of the covered material is the person who sells, offers for sale, or distributes the product that uses the covered material
Original wording: “Producer” does not include a person who produces, harvests, and packages an agricultural commodity on the site where the agricultural commodity was grown or raised.
Original wording: the sale of covered materials shall be deemed to occur in the state if the covered materials are delivered to the purchaser in the state
- www2.calrecycle.ca.gov: 138910 retrieved
Original wording: Enter the amount of total gross annual sales (U.S. dollar) in California, as found on the most recent calendar year's tax returns.
- calrecycle.ca.gov: exemptionsexclusions retrieved
Original wording: Small producers with gross annual sales of less than $1 million may apply to be exempt from most of the law’s reporting and fee requirements.
Original wording: To apply, first register in CalRecycle’s reporting system, known as PEPRS, as a Packaging EPR producer. Then fill out the small producer exemption application.
Original wording: Achieve 65% recycling rates from 2024 to 2026, and 70% in 2027 and after
- www2.calrecycle.ca.gov: 131538 retrieved
Original wording: Beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)).
- leginfo.legislature.ca.gov: codes displaySection.xhtml (faces) retrieved
Original wording: an administrative civil penalty not to exceed fifty thousand dollars ($50,000) per day per violation
- circularactionalliance.org: washington retrieved
Original wording: required in the Recycling Reform Act
Original wording: By January 1, 2026 Washington Department of Ecology must establish and appoint the initial membership of the advisory council.
Original wording: July 1, 2026 Washington regulatory deadline for Producers to register with a PRO.
Original wording: By March 1, 2026 A PRO must register with Washington Department of Ecology on behalf of its producers.
Original wording: By May 31, 2026 Reporting (Interim State Addendum Signed & Simplified Reporting)
- app.leg.wa.gov: default retrieved
Original wording: After July 1, 2026, be a member of a producer responsibility organization registered in this state
Original wording: Has a global gross revenue, not including on-premises alcohol sales, for the prior fiscal year of
Original wording: the producer is the person that manufactures the item
Original wording: In their most recent fiscal year introduced less than one ton of covered materials
Original wording: Until January 1, 2031, less than $5,000,000
Original wording: "De minimis producer" means a producer that
Original wording: Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations
Original wording: By October 1, 2028, and every five years thereafter, submit a plan that meets the requirements of this chapter
Original wording: Beginning March 1, 2029, a producer that is not a member in good standing with a registered producer responsibility organization
Original wording: By January 1, 2030, or within six months of plan approval, whichever is later, implement the plan approved by the department
Original wording: No less than 75 percent of the net costs by February 15, 2031
Original wording: No less than 90 percent of the net costs by February 15, 2032, and each year thereafter
Original wording: civil penalty of up to $1,000 per violation per day on any producer who violates this chapter
Original wording: "Covered material" means packaging and paper products introduced into the state.
- ecology.wa.gov: producer responsibility organization retrieved
Original wording: The Circular Action Alliance is the PRO representing producers in Washington. We encourage all potentially obligated producers to register with CAA.
- circularactionalliance.org: CA 2026 Early Fee Schedule retrieved
Original wording: 2026 California Early Fee Schedule Fees for Program Year 2026
Original wording: Paper/Fiber $0.004 /lb
Original wording: Plastic - Flexible $0.025 /lb
Original wording: Glass and Ceramics $0.003 /lb
The free plan is enough to start. We estimate and prepare; you sign and submit.