Retail bags

AN ACT Relating to reducing environmental impacts associated with 1
bags provided to customers at retail establishments; amending RCW 2
70A.530.005, 70A.530.020, 70A.530.030, 70A.530.040, and 70A.530.050; 3
reenacting and amending RCW 70A.530.010; and providing an effective 4
date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 70A.530.005 and 2021 c 33 s 3 are each amended to 7
read as follows: 8
(1) State policy has long placed waste reduction as the highest 9
priority in the collection, handling, and management of solid waste. 10
Reducing plastic bag waste holds particular importance among state 11
waste reduction efforts for a number of reasons: 12
(a) Single-use plastic carryout bags are made of nonrenewable 13
resources and never biodegrade; instead, over time, they break down 14
into tiny particles. Single-use plastic carryout bags, and the 15
particles they break into, are carried into rivers, lakes, Puget 16
Sound, and the world's oceans, posing a threat to animal life and the 17
food chain; 18
(b) Plastic bags are one of the most commonly found items that 19
litter state roads, beaches, and other public spaces; and20
H-2662.1
HOUSE BILL 2233
State of Washington 69th Legislature 2026 Regular Session
By Representatives Parshley, Doglio, Ryu, Ramel, Berry, Reed, Street,
Duerr, Kloba, Gregerson, Fosse, Pollet, and Zahn
Prefiled 12/31/25. Read first time 01/12/26. Referred to Committee
on Environment & Energy.
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(c) Even when plastic bags avoid the common fate of becoming 1
litter, they are a drain on public resources and a burden on 2
environment and resource conservation goals. For example, if plastic 3
bags are disposed of in commingled recycling systems rather than as 4
garbage or in retailer drop-off programs, they clog processing and 5
sorting machinery, resulting in missorted materials and costly 6
inefficiencies that are ultimately borne by utility ratepayers. 7
Likewise, when green or brown-tinted plastic bags confuse consumers 8
into attempting to dispose of them as compost, the resultant plastic 9
contamination undercuts the ability to use the compost in gardens, 10
farms, landscaping, and surface water and transportation projects.11
(2) Alternatives to single-use plastic carryout bags are 12
convenient, functional, widely available, and measure as superior 13
across most environmental performance metrics. Alternatives to 14
single-use plastic carryout bags feature especially superior 15
environmental performance with respect to litter and marine debris, 16
since plastic bags do not biodegrade. 17
(3) As of 2020, many local governments in Washington have shown 18
leadership in regulating the use of single-use plastic carryout bags. 19
This local leadership has shown the value of establishing state 20
standards that will streamline regulatory inconsistency and reduce 21
burdens on covered retailers caused by a patchwork of inconsistent 22
local requirements across the state. 23
(4) Data provided from grocery retailers has shown that requests 24
for paper bags have skyrocketed where plastic bag bans have been 25
implemented. To accommodate the anticipated consequences of a 26
statewide plastic bag ban, it is rational to expect additional 27
capacity will be needed in Washington state for manufacturing paper 28
bags. The legislature intends to provide that capacity by 29
prioritizing and expediting siting and permitting of expansions or 30
reconfiguring for paper manufacturing. 31
(5) Therefore, in order to reduce waste, litter, and marine 32
pollution, conserve resources, and protect fish and wildlife, it is 33
the intent of the legislature to: 34
(a) Prohibit the use of ((single-use plastic)) carryout bags made 35
of film plastic; 36
(b) Require a pass-through charge on compliant paper carryout 37
bags ((and reusable carryout bags made of film plastic, )) to 38
encourage shoppers to bring their own reusable carryout bags , except 39
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when the recipient is a person using a state-administered assistance 1
support program voucher or electronic benefits transfer card;2
(c) Require that bags provided by a retail establishment contain 3
recycled content or derive from nonwood renewable fiber; and4
(d) Encourage the provision of reusable and compliant paper 5
carryout bags by retail establishments. 6
Sec. 2. RCW 70A.530.010 and 2021 c 33 s 1 are each reenacted and 7
amended to read as follows: 8
The definitions in this section apply throughout this chapter 9
unless the context clearly requires otherwise. 10
(1) "Carryout bag" means any bag that is provided by a retail 11
establishment at home delivery, the check stand, cash register, point 12
of sale, or other point of departure to a customer for use to 13
transport or carry away purchases. 14
(2) "Compliant paper carryout bag" means a paper carryout bag 15
provided by a retail establishment to a customer that meets the 16
requirements in RCW 70A.530.020(((6))) (5)(a). 17
(3) "Department" means the department of ecology.18
(4) "Film plastic" means a flexible sheet or sheets of petroleum 19
or nonpetroleum-based plastic resin or other material, not including 20
a paper carryout bag, that is less than 10 mils in thickness and 21
capable of being easily contoured around an object by hand pressure.22
(5)(a) "Introduce" means to sell, offer for sale, distribute, or 23
ship a product within or into this state.24
(b) "Introduce" does not include a carryout bag that is sold, 25
offered for sale, distributed, or shipped to a food bank and other 26
food assistance program.27
(6) "Nonwood renewable fiber" means plant-based fiber derived 28
from wheat straw grown in North America. 29
(((5))) (7) "Pass-through charge" means a charge to be collected 30
and retained by retail establishments from their customers , except as 31
provided in RCW 70A.530.030(2), when providing compliant paper 32
carryout bags and reusable carryout bags made of film plastic.33
(((6))) (8) "Retail establishment" means any person, corporation, 34
partnership, business, facility, vendor, organization, or individual 35
that sells or provides food, merchandise, goods, or materials 36
directly to a customer including home delivery, temporary stores, or 37
vendors at farmers markets, street fairs, and festivals.38
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(((7))) (9) "Reusable carryout bag" means a carryout bag made of 1
cloth or other durable material with handles that is specifically 2
designed and manufactured for long-term multiple reuse and meets the 3
requirements of RCW 70A.530.020(((6))) (5)(b). 4
(((8))) (10)(a) "Single-use plastic carryout bag" means any 5
carryout bag that is made from plastic that is designed and suitable 6
only to be used once and disposed. 7
(b) "Single-use plastic carryout bag" does not include any 8
compostable bag or compostable film bag that meets the requirements 9
of chapter 70A.455 RCW.10
(11) "Third-party platform" means any service or system for 11
taking or relaying orders from customers for items sold by a retail 12
establishment including, but not limited to, online platforms, mobile 13
applications, phone ordering, and on-site kiosks, and any individual 14
or corporate entity that owns or controls such service or system.15
Sec. 3. RCW 70A.530.020 and 2025 c 312 s 3 are each amended to 16
read as follows: 17
(1) Beginning January 1, 2021, except as provided in this section 18
and RCW 70A.530.030, a manufacturer or distributor may not introduce 19
to a retail establishment in Washington, and a retail establishment 20
may not provide to a customer or a person at an event:21
(a) A single-use plastic carryout bag or a reusable carryout bag 22
made of film plastic; or23
(b) A paper carryout bag that does not meet the requirements of 24
subsection (((6))) (5)(a) of this section ((or a reusable carryout 25
bag made of film plastic that does not meet recycled content 26
requirements; or27
(c) Beginning January 1, 2028, a reusable carryout bag made of 28
film plastic with a thickness of less than four mils, in the event 29
that the 2026 legislature does not amend this section to reflect the 30
recommendations to the legislature made consistent with RCW 31
70A.530.060)). 32
(2)(a) A retail establishment may provide a reusable carryout bag 33
or a compliant paper carryout bag of any size to a customer at the 34
point of sale. A retail establishment may make reusable carryout bags 35
available to customers through sale. 36
(b)(((i) Until December 31, 2025, a )) A retail establishment must 37
collect a pass-through charge of ((eight)) 20 cents for every 38
compliant paper carryout bag with a manufacturer's stated capacity of 39
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one-eighth barrel ( ((eight hundred eighty-two )) 882 cubic inches) or 1
greater ((or reusable carryout bag made of film plastic )) it 2
provides((, except as provided in subsection (5) of this section and 3
RCW 70A.530.030.4
(ii) Beginning January 1, 2026, a retail establishment must 5
collect a pass-through charge of twelve cents for reusable carryout 6
bags made of film plastic and eight cents for compliant paper 7
carryout bags.8
(iii) Until December 31, 2027, a retail establishment that offers 9
for sale a reusable carryout bag made of film plastic with a 10
thickness equal to or greater than four mils shall collect, in 11
addition to the 12 cent pass-through charge, a four cent penalty. The 12
penalty shall be deposited in the waste reduction, recycling, and 13
litter control account under RCW 70A.200.140)). 14
(c) A retail establishment must keep all revenue from pass-15
through charges((, not including the penalty provided under (b)(iii) 16
of this subsection )). The pass-through charge is a taxable retail 17
sale. A retail establishment must show all pass-through charges ((and 18
penalties)) on a receipt provided to the customer.19
(d) A retail establishment that uses a third-party platform must 20
list on that third-party platform the applicable pass-through charges 21
associated with each customer order, and must collect the pass-22
through charge from the customer through the third-party platform for 23
carryout bags provided to the customer that are subject to the pass-24
through charge.25
(3) Carryout bags ((provided by a retail establishment )) do not 26
include: 27
(a) ((Bags)) Handleless bags used by consumers inside stores or 28
by retail establishments within a carryout bag to be delivered to a 29
consumer or picked up by a consumer to: 30
(i) Package bulk items, such as fruit, vegetables, nuts, grains, 31
candy, greeting cards, or small hardware items such as nails, bolts, 32
or screws; 33
(ii) Contain or wrap items where dampness or sanitation might be 34
a problem including, but not limited to: 35
(A) Frozen foods; 36
(B) Meat; 37
(C) Fish; 38
(D) Flowers; and 39
(E) Potted plants; 40
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(iii) Contain unwrapped prepared foods or bakery goods;1
(iv) Contain prescription drugs; or 2
(v) Protect a purchased item from damaging or contaminating other 3
purchased items when placed in a compliant paper carryout bag or 4
reusable carryout bag; or 5
(b) Newspaper bags, mailing pouches, sealed envelopes, door 6
hanger bags, laundry/dry cleaning bags, or bags sold in packages 7
containing multiple bags for uses such as food storage, garbage, or 8
pet waste. 9
(4)(a) Any compostable film bag that a retail establishment 10
provides to customers for products, including for products bagged in 11
stores prior to checkout, must meet the requirements for compostable 12
products and film bags in chapter 70A.455 RCW. 13
(b) A retail establishment may not use or provide polyethylene or 14
other noncompostable plastic bags for bagging of customer products in 15
stores((, as carryout bags, or for home delivery )) that do not meet 16
the requirements for noncompostable products and film bags in chapter 17
70A.455 RCW. 18
(5) ((Except as provided by local regulations enacted as of April 19
1, 2020, a retail establishment may provide a bag restricted under 20
subsection (1) of this section from existing inventory until one year 21
after June 11, 2020. The retail establishment, upon request by the 22
department, must provide purchase invoices, distribution receipts, or 23
other information documenting that the bag was acquired prior to June 24
11, 2020.25
(6))) For the purposes of this section: 26
(a) A compliant paper carryout bag must: 27
(i) Contain a minimum of ((forty)) 40 percent postconsumer 28
recycled materials, a minimum of 40 percent nonwood renewable fiber, 29
or a combination of postconsumer recycled materials and nonwood 30
renewable fiber that totals at least 40 percent; 31
(ii) Be capable of composting, consistent with the timeline and 32
specifications of the entire American society of testing materials 33
D6868 or D8410 and associated test methods that must be met, as it 34
existed as of January 1, 2020; and 35
(iii) Display in print on the exterior of the paper bag the 36
minimum percentage of postconsumer content, wheat straw fiber 37
content, or both. 38
(b) A reusable carryout bag must: 39
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(i) Have a minimum lifetime of ((one hundred twenty-five )) 125 1
uses, which for purposes of this subsection means the capacity to 2
carry a minimum of ((twenty-two)) 22 pounds ((one hundred twenty-3
five)) 125 times over a distance of at least ((one hundred seventy-4
five)) 175 feet; and5
(ii) Be machine washable or made from a durable material that may 6
be cleaned or disinfected((; and7
(iii) If made of film plastic:8
(A) Be made from a minimum of twenty percent postconsumer 9
recycled content until July 1, 2022, and thereafter must be made from 10
a minimum of forty percent postconsumer recycled content;11
(B) Display in print on the exterior of the plastic bag the 12
minimum percentage of postconsumer recycled content, the mil 13
thickness, and that the bag is reusable; and14
(C) Have a minimum thickness of no less than 2.25 mils until 15
December 31, 2027, and beginning January 1, 2028, must have a minimum 16
thickness of four mils)). 17
(c) Except for the purposes of subsection (4) of this section, 18
food banks and other food assistance programs are not retail 19
establishments, but are encouraged to take actions to reduce the use 20
of ((single-use plastic)) carryout bags made of film plastic.21
Sec. 4. RCW 70A.530.030 and 2020 c 138 s 4 are each amended to 22
read as follows: 23
((It)) (1) Except as provided in subsection (2) of this section, 24
it is a violation of RCW 70A.530.020 for any retail establishment to 25
pay, fail to collect, or otherwise reimburse a customer for any 26
portion of the pass-through charge((; provided that)).27
(2) A retail establishment ((s may not collect )) is prohibited 28
from collecting a pass-through charge and any remaining difference 29
between the pass-through charge and the establishment's customary 30
price for a paper carryout bag from anyone using , for part or all of 31
a transaction, a voucher or electronic benefits card issued ((under)) 32
through the women, infants, and children (WIC) ((or temporary 33
assistance for needy families (TANF) support programs, or the federal 34
supplemental nutrition assistance program (SNAP, also known as basic 35
food), or the Washington state food assistance program (FAP))) 36
program or state administered cash and food assistance support 37
programs authorized under Title 74 RCW. 38
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Sec. 5. RCW 70A.530.040 and 2020 c 138 s 5 are each amended to 1
read as follows: 2
(1) ((Until June 1, 2025, the department shall prioritize the 3
expedited processing of applications for permits related to the 4
expansion or reconfiguration of an existing pulp and paper mill for 5
the purpose of manufacturing paper bags or raw materials used to 6
manufacture paper bags.7
(2))) The department may adopt rules as necessary for the purpose 8
of implementing, administering, and enforcing this chapter.9
(((3))) (2) The enforcement of this chapter must be based 10
primarily on complaints filed with the department and local 11
governments. The department must establish a forum for the filing of 12
complaints. Local governments and any person may file complaints with 13
the department using the forum and local governments may review 14
complaints filed with the department via the forum for purposes of 15
the local government carrying out education and outreach to retail 16
establishments. The forum established by the department may include a 17
complaint form on the department's website, a telephone hotline, or a 18
public outreach strategy relying upon electronic social media to 19
receive complaints that allege violations. The department, in 20
collaboration with the local governments, must provide education and 21
outreach activities to inform retail establishments, consumers, and 22
other interested individuals about the requirements of this chapter.23
(((4))) (3) The department or local government shall work with 24
retail establishments, retail associations, unions, and other 25
organizations to create educational elements regarding the ban and 26
the benefits of reusable carryout bags. Educational elements may 27
include signage at store locations, informational literature, and 28
employee training ((by October 1, 2020)). 29
(((5))) (4) Retail establishments are encouraged to educate their 30
staff to promote reusable bags as the best option for carryout bags 31
and to post signs encouraging customers to use reusable carryout 32
bags. 33
(((6))) (5)(a) A violation of this chapter by a retail 34
establishment is subject to a civil penalty of up to ((two hundred 35
fifty dollars)) $250. 36
(b) A violation of this chapter by a manufacturer or distributor 37
of a carryout bag that does not meet the requirements of this chapter 38
is subject to a civil penalty of up to $2,000 for the first violation 39
of this chapter, up to $5,000 for the second violation of this 40
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chapter, and up to $10,000 for the third and any subsequent 1
violations of this chapter. 2
(c) Each calendar day of operation or activity in violation of 3
this chapter comprises a new violation. 4
(d) Penalties issued under this section are appealable to the 5
pollution control hearings board established in chapter 43.21B RCW.6
(((7) If specific funding for the purposes of chapter 138, Laws 7
of 2020, referencing chapter 138, Laws of 2020 by bill or chapter 8
number, is not provided by July 1, 2020, from the waste reduction, 9
recycling, and litter control account for purposes of implementing 10
the education and outreach activities required under this section, 11
then chapter 138, Laws of 2020 is null and void.))12
Sec. 6. RCW 70A.530.050 and 2020 c 138 s 6 are each amended to 13
read as follows: 14
(((1) Except as provided in subsection (2) of this section, a)) A 15
city, town, county, or municipal corporation may not implement a 16
local carryout bag ordinance. ((Except as provided in subsection (2) 17
of this section, any)) Any carryout bag ordinance that was enacted as 18
of April 1, 2020, is preempted by this chapter. 19
(((2)(a) A city, town, county, or municipal corporation carryout 20
bag ordinance enacted as of April 1, 2020, that has established a 21
pass-through charge of ten cents is not preempted with respect to the 22
amount of the pass-through charge until January 1, 2026.23
(b) A city, town, county, or municipal corporation ordinance not 24
specified in (a) of this subsection and enacted as of April 1 2020, 25
is not preempted until January 1, 2021.))26
NEW SECTION. Sec. 7. This act takes effect January 1, 2028.27
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