1.) Was the registration deadline extended?
Yes, Ecology extended the registration date for the PCR content minimum law to Wednesday May 18th, 2022. This will push back the timing of our fee calculation and invoicing for the first year to late June, 2022.
2.) Who is required to report to the department?
For covered products sold, offered for sale, or distributed in or into this state, the following hierarchy will determine which person or entity the department will hold primarily responsible for compliance with the PCR minimums and ensuring that the department receives a complete, accurate, and timely registration and reporting:
- If the covered product is sold under the manufacturer's own brand or lacks identification of a brand, the producer is the person who manufactures the covered product
- If the product is manufactured by a person or entity other than a brand owner then it is the licensee of the brand or trademark unless it has no presence in the United States
- The first person who imports or distributes the covered product in or into the state.
The full definition of Producer is in Chapter 70A.245.010 RCW.
3.) Are store brands and private label brands responsible for compliance?
Yes, under the definition of “producer,” store brands and private label brands that have legal ownership of the brand, brand-name or cobrand of covered products sold, offered for sale or distributed in or into Washington state are responsible for compliance under the definition of producer as (iii) the person who imports or distributes the covered product in or into the state.
For example, in cases where covered products are manufactured or supplied by a person other than the brand owner, the department considers responsibility for compliance to be the person who imports or distributes the covered product in or into the state.
4.) Who is a de minimis producer?
There are two possible ways to qualify –
1.) If a single category of a covered product generates less than $1,000,000 each year in revenue in Washington then you are a de minimis producer.
Or
2.) If a single category of a covered product generates less than one ton of containers or trash bags then you are a de minimis producer.
Although de minimis producers are not required to register, registration (whether de minimis or not) demonstrates that the producer is in compliance with the PCR law. Compliance status will be publicly available on a website. Ecology staff will follow up with producers who are not registered. We encourage de minimis producers to register.
5.) What is a ‘single category’ of a covered product?
A single category is one of the three categories of covered products listed in law:
(i) Plastic trash bags;
(ii) Household cleaning and personal care products that use plastic household cleaning and personal care product containers; and
(iii) Beverages that use plastic beverage containers.
6.) What is the definition of revenue?
Revenue means income received by a producer from covered products sold, offered for sale, or distributed in or into Washington. This may be wholesale, retail sales or other revenue the producer receives depending on their position in the supply chain.
7.) What is the process for requesting confidentiality?
To begin the process for confidentiality, send an email to alli.kingfisher@ecy.wa.gov.
To determine whether you meet the requirements for confidentiality, please provide justification and certify that the information in your documents relates to production processes unique to your company, or how disclosure of the information may adversely affect your company position.
Be aware that under chapter RCW 70A.245.090 the department is required to annually publish a list of registered producers of covered products and associated brand names, their compliance status, and other information the department deems appropriate on the department's website.
8.) Who qualifies for using national averages vs. being able to use state averages for calculating state sales?
If producers can demonstrate they do not have Washington specific numbers then the producer may use the Washington proportion of the population of your national numbers. Ecology staff may request more information regarding your inability to calculate Washington state specific averages for any producer who reports national averages.
9.) What is the difference between annual fees and penalties? When do penalties apply?
The program has one annual fee and two types of penalties:
- The annual fee covers the annual costs the department expects to incur to implement, administer, and enforce the law, including the cost of rulemaking. Annual fees begin in 2022 for all producers of covered products. The annual fee with be equitably divided among producers. The department publishes an annual workload analysis. With the extension of the registration deadline, our fee calculation and invoicing for the first year will be pushed to late June, 2022.
- The first type of penalty is for producers in violation of the registration, reporting, or labeling requirements in RCW 70A.245.020, 70A.245.030, or 70A.245.060 is subject to a civil penalty for each day of violation in an amount not to exceed $1,000. Registration begins in 2022 for all covered product producers.
- The second type of penalty is for producers that does not meet the minimum postconsumer recycled content requirements pursuant to RCW 70A.245.020 is subject to a penalty. Penalties apply beginning June 1st of the year following the first year that minimum postconsumer recycled product content requirements apply to a category of covered product. For example, beginning January 1, 2023, plastic trash bags must meet 10% minimum postconsumer content by weight. If that condition is not met, the producer of the plastic trash bags by June 1, 2024, then the producer will be in violation of the law and subject to penalties.
- PCR content minimum penalties are calculated as:
The annual penalty amount assessed must equal the product of both of the following: The total pounds of plastic used per category multiplied by the relevant minimum postconsumer recycled plastic target percentage, less the pounds of total plastic multiplied by the percent of postconsumer recycled plastic used; multiplied by 20 .
Example: [(Total pounds of plastic used x minimum postconsumer recycled plastic target percentage) – (Total pounds of plastic used x postconsumer recycled plastic percentage used)] x 20 cents.
10.) What products are included in the definition of beverage? What about things like juice or coffee creamer?
“Beverage" includes those beverages intended for human or animal consumption, and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon.
Examples include: water, flavored water, beer or other malt beverages; wine; distilled spirits; mineral water, soda water, and similar carbonated soft drinks; juice; non-dairy beverages and creamers and any beverage other than those specified. This includes creamers or liquid concentrates added to other beverages. This does not include powders added to liquid.
The only exceptions are infant formula as defined in 21 U.S.C. Sec. 321(z), medical food as defined in 21 U.S.C. Sec. 360ee(b)(3), or fortified oral nutritional supplements used for persons who require supplemental or sole source nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, or other medical conditions as determined by the department.
11.) I need to make changes to my registration. What do I do?
Contact Ecology’s staff to make changes to your registration information at Recycledcontent@ecy.wa.gov. Changes to your registration need to be completed by the deadline of May 18, 2022, prior to the calculation of the annual fee. Please contact Ecology as soon as possible to make changes.
Registration quick links:
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