The Washington Department of Ecology fines 35 plastic producers

The Washington Department of Ecology has fined 35 plastic producers a combined total of $416,554 for violating Washington’s recycled-content law. The department says the companies did not include enough recycled material in plastic trash bags and beverage containers covered under the law.

These are the first penalties issued under the 2021 state law, S.B. 5022, aimed at reducing waste and pollution from plastics.

The penalties were based on the amount of plastic each company sold in Washington and how far from the recycled-content requirements they were. Fines ranged from $39 to $67,196.

Under the 2021 law, plastic packaging producers are required to report the weight of new and recycled plastic sold in Washington. Producers that fell short of the recycled-content requirements were issued penalties. 

Two producers that were issued penalties, Admiral Beverage Corp. and Lassonde Pappas, requested and received corrective action plans. Half their fines were suspended in exchange for a plan to achieve future compliance. All producers were offered this option, and five remain eligible, including CAB Enterprises Inc., Heaven Hill Distilleries Inc., Jim Beam Brands, Langer Juice Co. Inc. and Premier Nutrition Co. LLC. 

The Washington Department of Ecology is responsible for implementing the law. It began registering producers and accepting annual fee payments in 2022. Minimum recycled content requirements took effect for several types of products covered under the law in January 2023. Companies that produce plastic trash bags were required to include a minimum of 10 percent-recycled content, and beverage container producers had to include at least 15 percent-recycled content.

The Clorox Co. faces the largest penalty. According to its 2024 integrated annual report, 10 percent of the plastic used in its packaging contained postconsumer recycled (PCR) content as of Dec. 31, 2023. This differs from 2018, when the company reported an 11 percent baseline.

Of the 128 companies required to meet recycled content requirements, 93 met or exceeded those benchmarks, the Washington Department of Ecology reports. The department registered 310 producers in total, but 182 are exempt from the requirements because of low revenue or low weight of plastic sold.

More companies will be required to meet these standards in the coming years as the law expands to cover a wider range of products and as requirements for recycled content increase. By 2036, Washington’s law will cover packaging for various types of common consumer products, requiring a minimum of 50 percent-recycled content for most of them.

The following companies were issued penalties:

• Admiral Beverage Corp., $4,630;
• Albertsons Cos., $41,954;
• Angelcare USA, $44; 
• Arcadia Farms LLC, $1,229; 
• Arizona Beverages USA—$6,391
• CAB Enterprises Inc. (Electrolit USA), $1,895; 
• Chobani LLC, $39; 
• Danone US LLC, $6,285;
• Del Monte Foods Inc., $243;
• good2grow LLC, $2,953;  
• Heaven Hill Distilleries Inc., $15,525; 
• Herbalife International of America Inc., $91;
• HP Hood LLC, $6,681;
• Jim Beam Brands Co./Suntory Global Spirits Inc., $4,220;
• Johanna Beverage, $63; 
• Kraft Heinz Foods Co., $3,697; 
• KSF Acquisition Corp., $24,582;
• Langer Juice Co. Inc., $11,530; 
• Lassonde Pappas and Co. Inc., $5,646; 
• Milo’s Tea Co. Inc., $5,644; 
• Ocean Spray Cranberries Inc., $53,568;
• Premier Nutrition Co. LLC, $2,341; 
• Richardson Bottling Co. (Mountain Mist), $1,658;
• Sazerac Co. Inc., $32,758; 
• Soylent Nutrition Inc., $505; 
• Talking Rain Beverage Co. Inc., $59,831;
• The Clorox Co., $67,196; 
• The Kroger Co., $9,021; 
• Topco Associates LLC, $2,098; 
• Trader Joe’s, $2,381; 
• Tradin Organic, $3,275; 
• Tree Top Inc., $20,333; 
• Uline Inc., $14,991; 
• Walgreen Co., $1,206; and
• Welch Foods Inc., $2,050.

“Most producers see the value in using recycled content in their products,” says Peter Lyon, solid waste program manager at the Washington Department of Ecology. “We need to continue working together to improve our recycling system and reduce the pollution and contamination that come from producing new plastic."