First Distributor Under the RRA: When Are You the Responsible Producer?

Who is the producer for items sold at a physical retail location?

You stop at the first step that names a person. Under chapter 70A.208 RCW, which Ecology calls the Recycling Reform Act (RRA), RCW 70A.208.020(29)(a)(i) covers items sold in or with packaging at a physical retail location in this state. It names the producer in this order:

1. The manufacturer of the item. The producer is the person that manufactures the item, if it is sold in or with packaging under the brand of the item manufacturer or is sold in packaging that lacks identification of a brand. Subsection (29)(a)(i)(A).
2. The licensed manufacturer. The producer is the person licensed to manufacture and sell or offer for sale to consumers in this state an item with packaging under the brand or trademark of another manufacturer or person. This applies if no one fits step 1. Subsection (29)(a)(i)(B).
3. The brand owner. If no one fits step 1 or 2, the producer is the brand owner of the item. Subsection (29)(a)(i)(C).
4. The importer of record. If there is no person described in steps 1, 2 or 3 within the United States, the producer is the person who is the importer of record for the item into the United States. The import must be "for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state." Subsection (29)(a)(i)(D).
5. The first distributor. If there is no person described in steps 1 through 4, the producer is the person that first distributes the item in or into this state. Subsection (29)(a)(i)(E).

Step 4 is the only step that turns on where the earlier persons are. It asks whether anyone at steps 1, 2 or 3 is "within the United States."

The text does not settle the overseas manufacturer. Step 1 sets no location condition for the manufacturer, yet step 4 moves to the importer when no one at steps 1 through 3 is within the United States. The statute does not say in words which step wins. The section does not define "importer of record," so check your paperwork.

Before you walk the list, check the exclusions. RCW 70A.208.020(29)(b) says producer does not include government entities, registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations, or de minimis producers. The de minimis article covers that test, and the coverage article covers which materials count. The statute also uses "responsible producer" as a defined term: a producer that is not a de minimis producer (RCW 70A.208.020(37)).

What does "first distributes in or into this state" mean?

It is the last step on the list. The list in RCW 70A.208.020(29)(a)(i)(E) says the producer is "the person that first distributes the item in or into this state." It applies only if steps 1 through 4 name no one.

Ecology's producer responsibility organization page says the first distributor "is responsible for the packaging or paper product when the other entities in the definition are not identified."

The statute adds no other test to it, and it does not define "first" or "distributes." Section 020(22) defines "introduce" as to sell, offer for sale, distribute, or ship a product within or into this state, but "distribute" has no separate definition. If an item passes through several hands, the text does not say how to pick the first one. The word "designation" does not appear in subsection (29).

The paper product list ends the same way, with the person that first distributes the paper product in or into this state, in (29)(a)(v)(E). The phrase is also the rule in (29)(a)(iii) for packaging outside the retail and e-commerce rules.

Who is the producer when the sale is e-commerce?

Two producers, one for each kind of packaging. RCW 70A.208.020(29)(a)(ii) covers items sold or distributed in packaging in or into this state via e-commerce, remote sale, or distribution.

If you resell another company's brand online, the list decides the product's own packaging. The box you ship it in falls under (B). The text does not say who "packages the item" when a fulfillment company packs the order for a seller.

Can a contract or a franchise change who is the producer?

Yes, in two ways, each with conditions. Both are in RCW 70A.208.020(29)(a)(vi), which makes a person the producer "except" in these cases.

Contractual assignment. Under subsection (29)(a)(vi)(A), the exception applies where both of these are true:

• Another person has mutually signed an agreement with the producer that contractually assigns responsibility to that person as the producer.
• That person has joined a registered producer responsibility organization (PRO) as the responsible producer for that covered material.

When responsibility is assigned this way, the producer named in (29)(a)(i) through (v) must provide written certification of the agreement to the PRO. Two kinds of person cannot receive an assignment. One is a person who produces an agricultural commodity introduced under the brand or trademark of another manufacturer or person. The other is a distributor of a beverage sold in a beverage container.

In a private label example, Ecology says the mutually signed agreement is reported to the PRO, not to Ecology.

Franchisors. Under subsection (29)(a)(vi)(B), if the producer described in (a)(i) through (v) is a business operated wholly or in part as a franchise, the producer is the franchisor. That applies if the franchisor has franchisees that have a commercial presence within the state. Section 020 does not define franchise, franchisor or "commercial presence." If you run a franchised location, ask your franchisor whether it has registered with a PRO.

Common questions

Who is the producer if the manufacturer is outside Washington?

Step 1 names the manufacturer and sets no Washington condition, so another state does not skip it. Step 4 moves to the importer of record when no one at steps 1, 2 or 3 is within the United States. For an overseas manufacturer, the statute does not say which step wins. Ecology says the RRA applies to the sale, offer for sale, distribution, or shipping of a product within or into Washington to consumers for noncommercial use.

What does first distributes in or into this state mean?

It is the wording of the last step, RCW 70A.208.020(29)(a)(i)(E). The producer is the person that first distributes the item in or into this state, but only if no one at steps 1 through 4 applies. The statute does not define "first" or "distributes."

Can I move my producer duties to another company by contract?

Only under the conditions in RCW 70A.208.020(29)(a)(vi)(A). Both parties sign the agreement, and the other company joins a registered PRO as the responsible producer for that covered material. The producer must then give the PRO written certification of the agreement. Beverage distributors and producers of agricultural commodities under another's brand cannot take an assignment.

Am I the producer if I only import from another state?

Step 4 refers to the importer of record "into the United States," so bringing goods across a state line is not that step. Ecology's FAQ adds that if a producer or brand owner does not take responsibility, the first importer or distributor becomes the obligated entity for products delivered into Washington for consumer use.

What if I sell other companies' brands as a retailer?

Steps 1 through 3 do not name you for a brand you only resell. Step 4 does if you are the importer of record and no one at steps 1 through 3 is within the United States. Step 5 does only if steps 1 through 4 name no one. For your own store brand, you may be the manufacturer, licensee or brand owner. The seller rule in RCW 70A.208.230(3) also applies to you.

What to do next

1. Check the exclusions first. Government entity, registered 501(c)(3) or 501(c)(4) organization, or de minimis producer: see RCW 70A.208.020(29)(b).
2. Walk the list for each product line. Write down who manufactures it, who holds a license, who owns the brand, and who is importer of record. Stop at the first step that names a person.
3. Split your online orders. Product packaging follows the list. Shipping boxes go to the person that packages the item to be shipped.
4. If you are the producer, join a PRO. After July 1, 2026, RCW 70A.208.040(1)(a) requires a producer to be a member of a PRO registered in this state or register as a PRO that will implement an individual plan. Ecology names Circular Action Alliance as the PRO for Washington producers, links to its registration materials and calls it the first point of contact for producer reporting guidance.
5. Know the March 1, 2029 rule. RCW 70A.208.040(2) applies beginning March 1, 2029. A producer that is not a member in good standing with a registered PRO, or has not submitted an individual plan, may not introduce covered materials into the state. The deadlines article has the full timeline.
6. If someone else is the producer for goods you sell, get proof. Ask for the signed assignment or written confirmation of PRO membership. Under RCW 70A.208.230(3), a person may not sell or distribute in or into the state a covered material of a producer that is not participating in a PRO or is not in compliance. The amounts and the notice steps are in the penalties article.

I am a Distinguished Committee Member of the SWANA Sustainable Materials Management Technical Division and a juror for the NYSAR3 Recycling Leadership Awards, both since 2023.

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General information, not legal advice.