- Washington has now run two enforcement rounds under its recycled-content law for trash bags and beverage containers.
- Round 1 reviewed 2023 sales and was announced in October 2024. Ecology fined 35 of 128 obligated producers a total of $416,554.
- Round 2 reviewed 2024 sales and was announced in June 2025. Ecology fined 23 producers a total of $277,000 — fewer violators and a smaller total.
- Covered plastics sold into Washington grew from more than 150 million lb in 2023 to nearly 170 million lb in 2024. The recycled share edged up from about 24% to about 25%.
- Penalties are set at 20 cents per pound of PCR shortfall. Some industry representatives have said paying can cost less than complying.
- A 2026 proposal, HB 2271, would have raised that rate and required third-party certificates and PCR disclosure for trash bags. It did not pass in the 2026 session, so current rules still apply.
- REGENPLAST's PCR material is GRS (Global Recycled Standard) certified. That certification gives buyers chain-of-custody documentation to support their recycled-content filings, at today's 15% trash-bag minimum and at the 20% level from 2027.
The second round was lighter than the first. Ecology fined 23 producers in June 2025, down from 35 the year before. The total fell from $416,554 to $277,000. Ecology's solid waste program manager noted that several producers raised their recycled content meaningfully, even when they still missed the minimum.
The trash-bag side shows the same pattern. In Round 1, the single largest penalty in the whole program went to a national trash-bag brand owner. Public reporting put its recycled content at about 2%, against a 10% requirement. That company did not appear on the Round 2 penalty list. The biggest Round 2 fines went to beverage producers instead.
Still, 23 producers falling short of the applicable 10% trash-bag or 15% beverage-container standard shows that compliance is not automatic. And the bar for trash bags moved from 10% to 15% in 2025. The next enforcement round will be the first to assess trash-bag compliance against the higher 15% standard.
Ecology calculates each penalty from four inputs: the required minimum, the recycled content actually achieved, the weight of plastic sold in Washington, and a rate of 20 cents per pound of PCR shortfall.
Here is a simple illustration. Say a producer sells 1 million pounds of trash bags into Washington in a year with a 15% minimum. It reaches only 5%. The shortfall is 10 percentage points, equal to a 100,000-pound PCR shortfall. At 20 cents a pound, the penalty is $20,000.
That rate is modest. When the first fines were issued, an Ecology spokesperson said that some industry representatives viewed paying the penalty as less expensive than complying with the rule. Producers also pointed to tight PCR supply. This is one reason lawmakers have proposed a higher rate (see Factor 4).
The penalty lists only cover producers that registered and reported. In 2024, Ecology estimated that 200 to 300 obligated producers had not registered at all. It called non-registration its biggest compliance challenge.
Trash bags are part of that problem. Many bags are sold under private labels or little-known brands, which makes the responsible producer hard to identify on a store shelf. Ecology has said it will use audits and violation notices to find unregistered producers. For a private-label buyer, that means the question "who is the producer?" needs a clear answer before Ecology asks it.
In the 2026 session, Washington lawmakers introduced HB 2271, with a Senate companion, SB 6156. The bill would update the existing recycled-content rules and add new product categories. For trash bags, the House versions included four changes:
The bill cleared the House Environment & Energy and Appropriations committees in January and February 2026, respectively, but did not receive a House floor vote before the regular session ended. Its companion stayed in Senate committee. Proposals like this often return in later sessions, so the direction is worth tracking even though current law has not changed.
Every trend above points to the same need: PCR that a producer can prove. Round 1 showed that low recycled content is expensive to defend. The registration push shows that Ecology is widening its view. And HB 2271 signals that responsible-official certification alone may not be enough in the future.
For trash bags and can liners, that means two things. First, the PCR share has to reach 15% now and 20% from 2027. Second, the documentation behind that share should hold up under an audit — supplier records, resin and weight data, and a chain-of-custody certificate where one applies.
Two enforcement rounds show real progress, but not full compliance. The recycled share of covered plastics is rising slowly. Penalties have fallen, yet more than 20 producers still missed the floor in the latest round. At the same time, the trash-bag minimum has already moved to 15%, with 20% set for 2027. Lawmakers have also shown interest in higher penalties, third-party proof, and PCR disclosure.
For buyers, the practical move is to plan for 20% PCR with documentation ready now, rather than waiting for the next rule change. REGENPLAST supplies GRS-certified PCR material and garbage bags and can liners held in US stock. We will continue monitoring Ecology's next enforcement round and any return of the PCRC 2.0 proposal.
Did Washington change its trash-bag recycled-content law in 2026?No. HB 2271 proposed higher penalties, third-party certificates, and PCR disclosure for trash bags, but it did not pass in the 2026 session. The current schedule — 15% PCR now, 20% from 2027 — still applies.
How is a Washington recycled-content penalty calculated?Ecology first calculates the pounds of PCR shortfall by comparing the required and actual recycled-content percentages against the weight of plastic sold in Washington. It then applies a rate of 20 cents per pound of shortfall. For example, missing a 15% minimum by 10 points on 1 million pounds of bags would cost about $20,000.
Do thin trash bags fall outside the law?Under current law, the rule covers plastic trash bags at least 0.70 mil thick. HB 2271 proposed letting Ecology lower that threshold if many producers moved to thinner bags, but that change has not been enacted.
[References]
Washington State Department of Ecology, "Ecology fines 35 plastic producers $416,000 for not using enough recycled plastic" (Oct. 3, 2024) → Read the Source
Washington State Department of Ecology, "Twenty-three plastic producers fined a combined $277,000 for failing to use enough recycled content" (June 5, 2025) → Read the Source
Washington State Department of Ecology, "Recycled content minimums" → Read the Source
Washington State Legislature, "RCW 70A.245.010 — Definitions" → Read the Source
Washington State Legislature, "HB 2271 — 2025-26 bill summary and history" → Read the Source
Washington State Legislature, "Second Substitute House Bill 2271 (bill text)" → Read the Source
Washington State Legislature, "House Bill Report, HB 2271 (as reported by Appropriations)" → Read the Source
Packaging Dive, "Washington's recycled content fines on producers drop" → Read the Source
Packaging Dive, "Sourcing challenges, producer registration present some initial hurdles for recycled content laws" → Read the Source
Capital Press, "Washington fines farmer co-ops for not using enough recycled plastic" → Read the Source