What Is a Producer Responsibility Organization and How Do You Join One in Washington?
What counts as a PRO, and what does one do once you are in?
Under RCW 70A.208.020(30), a PRO is one of three things:
- A nonprofit organization that qualifies for a tax exemption under 26 U.S.C. 501(c)(3) and is designated by a producer or group of producers to fulfill the requirements of the chapter.
- A producer that registers with the department as a PRO and implements an individual plan addressing its own covered materials.
- An organization as defined by the department by rule.
The department is Ecology (RCW 70A.208.020(17)), and the statute says nothing more about the third kind. Ecology's page on the Recycling Reform Act describes the PRO as a non-profit that producers form or appoint. That name for the chapter is Ecology's: the phrase is not in the text of chapter 70A.208 RCW, so this article cites sections by number.
Under RCW 70A.208.040(1)(b), a producer must, through a PRO, implement and finance a statewide program for packaging and paper products in accordance with the chapter. The statute assigns the PRO these duties:
- Register with Ecology annually on behalf of its producers, and pay Ecology a one-time payment and an annual registration fee (RCW 70A.208.030(2) and (4)).
- Submit a plan every five years (RCW 70A.208.130(1)), implement the approved plan (RCW 70A.208.040(3)(d)) and submit an annual report (RCW 70A.208.040(3)(e)).
- Ensure each producer under its plan complies with the plan and the chapter (RCW 70A.208.040(3)(f)).
- Give producers information regarding state and federal laws that restrict toxic substances in covered materials or require postconsumer recycled content (RCW 70A.208.040(3)(i)).
Must you join one, or can you stay out?
You must join if you are a producer and the chapter does not exclude you. After July 1, 2026, a producer must be a member of a PRO registered in this state or register as a PRO that will implement an individual plan (RCW 70A.208.040(1)(a)). A producer must also maintain membership with, and pay fees to, the PRO under which it is registered (RCW 70A.208.040(1)(c)). July 1, 2026 had passed when this article was last verified. Our deadlines article has the full sequence, including the appointment step in RCW 70A.208.030(1).
Whether you are a producer depends on the order in RCW 70A.208.020(29), covered in our coverage, first distributor and de minimis articles. Government entities, registered 501(c)(3) and 501(c)(4) organizations, and de minimis producers are outside the definition (RCW 70A.208.020(29)(b)).
Ecology's PRO page lists obligations starting in 2026 that include registering with an approved PRO, reporting data to the PRO on covered products introduced into Washington to consumers, and paying membership fees to the PRO.
Membership also matters for the bar in RCW 70A.208.040(2), which starts March 1, 2029. It reaches "a producer that is not a member in good standing with a registered producer responsibility organization or has not submitted an individual plan." Such a producer may not introduce covered materials into the state. Sellers face a separate rule for other producers' goods, covered in the penalties article.
RCW 70A.208.020 does not define "member in good standing." A PRO must ensure each producer under its plan complies (RCW 70A.208.040(3)(f)). Ask your PRO how it defines good standing.
What are the steps to join, and how much choice of PRO is there?
You become a member of the registered PRO, and the statute points to a written agreement as the mechanism. A PRO's registration must list member producers that have entered into written agreements to operate under an approved plan, with copies of each agreement (RCW 70A.208.030(2)(b)).
Ecology's page says the Circular Action Alliance (CAA) is the PRO representing producers in Washington and encourages all potentially obligated producers to register with it. At this article's last verification date, the page also said producer registration is open on CAA's website. CAA's registration page says producers begin by completing its Account Registration Form, then gain access to its Producer Portal after signing the Participant Producer Agreement. At this article's last verification date, its opening sentence named California, Colorado, Oregon and Minnesota, not Washington, so confirm the Washington steps with CAA. Our Circular Action Alliance article has more.
Choice of PRO is narrow for now. For the first plan implementation period, Ecology may not allow registration of more than one PRO, other than an individual producer registered as a PRO (RCW 70A.208.030(3)). Until the initial plan implementation period concludes, producers that do not register as PROs must join the PRO whose registration Ecology approves (RCW 70A.208.060(3)). After the first approved plan expires, Ecology may allow more than one. The statute has several phrases for the first period and defines none.
Ecology's page also lists Interchange 360, approved as a group of producers intending to operate an alternative collection program for the petroleum and lubricants industry. It does not call that group a PRO.
Fees. Ecology says CAA will set the producer fees and is required to set modulated fees. The statute lets a registered PRO charge each member a fee by unit-based, weight-based, volume-based or sales-based market share, or by another method it determines to be equitable (RCW 70A.208.160(1)). Neither the statute nor Ecology's page states an amount. See the eco-modulation article.
What to have ready. The PRO sets its own data requests. This checklist is our own reading of the sources, not a PRO or Ecology form.
| Item | Why the sources point to it |
|---|---|
| Product lines sold to Washington consumers for noncommercial use, and your role for each | Ecology says producers of packaging and paper products sold to those consumers must participate, and RCW 70A.208.020(29)(a) names the producer in a fixed order |
| Brands of your covered materials | A PRO's registration lists them after the first year (RCW 70A.208.030(2)(b)) |
| Amounts introduced in the prior year, by unit such as per ton or per item | With an approved plan, member fees vary on that basis (RCW 70A.208.160(2)(a)) |
Is there a way to skip membership and run your own plan?
Yes. RCW 70A.208.040(1)(a) lets a producer register as a PRO that will implement an individual plan instead of joining a registered PRO. The one-PRO limit does not block this route. It bars more than one registered PRO, "other than an individual producer registered as a producer responsibility organization" (RCW 70A.208.030(3)).
| Join a registered PRO | Register as a PRO with an individual plan | |
|---|---|---|
| Registers with Ecology | The PRO, for its producers (RCW 70A.208.030(2)) | The producer, as the PRO (RCW 70A.208.020(30)(b)) |
| Writes the plan | The PRO (RCW 70A.208.130(1)) | The producer (RCW 70A.208.020(21)) |
| Payment to Ecology | Made by the PRO (RCW 70A.208.040(3)(a)(ii)(A)) | Made by the producer, in an amount Ecology determines for incremental costs (RCW 70A.208.040(3)(a)(ii)(B)) |
| Ongoing | Maintain membership and pay the PRO's fees (RCW 70A.208.040(1)(c)) | Not separately stated; see below |
The March 1, 2029 bar quoted above refers to both routes. The sections cited here have no duty list written only for individual producers, apart from the payment in the table. The definition makes them PROs, so the PRO duties in RCW 70A.208.040(3) and the plan rules in RCW 70A.208.130 are where to start. This is our own reading. Confirm it with Ecology. The plan due date is in the deadlines article.
Common questions
What is a producer responsibility organization?
It is the organization a producer acts through. An individual plan, in the definition, is a plan submitted by a producer that registers with Ecology as a PRO to address its own covered materials (RCW 70A.208.020(21)). Ecology's page says the PRO develops and follows the approved program plan, which will include education, infrastructure investments, and performance targets for reuse, return and recycling.
Do I have to join a PRO in Washington?
Yes, unless an exclusion applies or another company takes the producer role by contract. That company must have signed an assignment and joined a registered PRO as the responsible producer, and the producer must give the PRO written certification (RCW 70A.208.020(29)(a)(vi)(A)). A seller that is not the producer still faces RCW 70A.208.230(3).
How do I join a PRO in Washington?
Registration runs through CAA, the PRO Ecology points producers to. CAA's registration page says it will communicate about any additional next steps with the primary contact, including details on fees and data collection when they become available. Before you sign, ask for the agreement and the fee method.
Can a producer run its own individual plan?
Yes, and the plan carries its own steps. It must include a budget for each of the plan's five calendar years and a description of how fees are calculated (RCW 70A.208.130(3)(f)). The draft goes to the advisory council at least 60 days before Ecology receives it (RCW 70A.208.130(2)). Ecology may approve only a plan that meets the section's requirements (RCW 70A.208.130(4)).
What does a PRO do for its members?
Beyond the duties listed above, a PRO enforces membership and handles fees under a limit. It must expel a producer if efforts to return the producer to compliance are unsuccessful, and notify Ecology (RCW 70A.208.040(3)(g)). Fees collected from producers may not be used for lobbying or political advocacy activities that would require reporting under chapter 42.17A RCW or under the federal election campaign act (RCW 70A.208.160(4)).
What to do next
- Sort your products by role. The coverage and first distributor articles help.
- Choose a route. Compare membership with an individual plan in the table above.
- Read Ecology's PRO page. It links to registration materials.
- Assemble the data. Use the checklist, then ask the PRO for its exact requests, agreement and fee method.
- Check your suppliers. If you resell other producers' goods, ask whether they participate in a PRO.
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.
The Washington EPR Compliance Assessment sorts your product lines by role and route, so you know which data to send the PRO and which questions to ask.
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General information, not legal advice.