Plastic carryout bags

AN ACT Relating to repealing restrictions and fees on plastic 1
carryout bags; amending RCW 70A.530.020; reenacting and amending RCW 2
70A.530.010; and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature finds that chapter 5
70A.530 RCW was passed with the intent to reduce plastic waste and 6
litter. A study completed by Washington State University pursuant to 7
RCW 70A.530.060 examined the effects of chapter 70A.530 RCW passed in 8
2020. The Washington State University researchers came to the 9
following conclusions:10
(a) While the number of plastic carryout bags used in Washington 11
decreased by 50 percent, the overall use of plastic by weight 12
increased by 17 percent; 13
(b) The pass-through fee collected by retailers for providing 14
carryout bags to customers is not sufficient to cover the costs of 15
thicker plastic bags; and 16
(c) Consumers are not reusing reusable carryout bags at a rate 17
high enough to justify the increased costs of thicker plastic bags, 18
both financial and environmental. 19
S-3440.1
SENATE BILL 6030
State of Washington 69th Legislature 2026 Regular Session
By Senators Braun, Christian, Dozier, Gildon, Riccelli, Wagoner,
Warnick, and J. Wilson
Prefiled 01/08/26. Read first time 01/12/26. Referred to Committee
on Environment, Energy & Technology.
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(2) It is the intent of the legislature to implement the 1
recommendations given by the Washington State University research 2
team by: 3
(a) Removing the requirement for retailers to provide "reusable 4
carryout bags," meaning retailers will be allowed to offer plastic 5
carryout bags less than 2.25 mils to customers; and6
(b) Maintaining the requirement for carryout bags, including 7
plastic bags to contain at least 40 percent postconsumer recycled 8
content that is currently imposed on retailers. 9
Sec. 2. RCW 70A.530.010 and 2021 c 33 s 1 are each reenacted and 10
amended to read as follows: 11
The definitions in this section apply throughout this chapter 12
unless the context clearly requires otherwise. 13
(1) "Carryout bag" means any bag that is provided by a retail 14
establishment at home delivery, the check stand, cash register, point 15
of sale, or other point of departure to a customer for use to 16
transport or carry away purchases. 17
(2) "Compliant paper carryout bag" means a paper carryout bag 18
provided by a retail establishment to a customer that meets the 19
requirements in RCW 70A.530.020(((6))) (5)(a). 20
(3) "Department" means the department of ecology.21
(4) "Nonwood renewable fiber" means plant-based fiber derived 22
from wheat straw grown in North America. 23
(5) "Pass-through charge" means a charge to be collected and 24
retained by retail establishments from their customers when providing 25
compliant paper carryout bags and ((reusable)) carryout bags made of 26
film plastic. 27
(6) "Retail establishment" means any person, corporation, 28
partnership, business, facility, vendor, organization, or individual 29
that sells or provides food, merchandise, goods, or materials 30
directly to a customer including home delivery, temporary stores, or 31
vendors at farmers markets, street fairs, and festivals.32
(7) (("Reusable carryout bag" means a carryout bag made of cloth 33
or other durable material with handles that is specifically designed 34
and manufactured for long-term multiple reuse and meets the 35
requirements of RCW 70A.530.020(6)(b).36
(8))) "Single-use plastic carryout bag" means any carryout bag 37
that is made from plastic that is designed and suitable only to be 38
used once and disposed. 39
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Sec. 3. RCW 70A.530.020 and 2025 c 312 s 3 are each amended to 1
read as follows: 2
(1) ((Beginning January 1, 2021, except as provided in this 3
section and RCW 70A.530.030, a )) A retail establishment may not 4
provide to a customer or a person at an event((:5
(a) A single-use plastic carryout bag;6
(b) A)) a paper carryout bag that does not meet the requirements 7
of subsection (((6))) (5)(a) of this section or a ((reusable)) 8
carryout bag made of film plastic that does not meet recycled content 9
requirements((; or10
(c) Beginning January 1, 2028, a reusable carryout bag made of 11
film plastic with a thickness of less than four mils, in the event 12
that the 2026 legislature does not amend this section to reflect the 13
recommendations to the legislature made consistent with RCW 14
70A.530.060)). 15
(2)(a) A retail establishment may provide a ((reusable)) carryout 16
bag ((or a compliant paper carryout bag )) of any size to a customer 17
at the point of sale. ((A retail establishment may make reusable 18
carryout bags available to customers through sale )) If the carryout 19
bag is made of paper, it must meet the requirements for compliant 20
paper carryout bags provided in subsection (5) of this section.21
(b)(((i) Until December 31, 2025, a )) A retail establishment must 22
collect a pass-through charge of eight cents for every ((compliant 23
paper carryout bag with a manufacturer's stated capacity of one-24
eighth barrel (eight hundred eighty-two cubic inches) or greater or 25
reusable carryout bag made of film plastic it provides )) carryout 26
bag, except as provided in ((subsection (5) of this section and)) RCW 27
70A.530.030. 28
(((ii) Beginning January 1, 2026, a retail establishment must 29
collect a pass-through charge of twelve cents for reusable carryout 30
bags made of film plastic and eight cents for compliant paper 31
carryout bags.32
(iii) Until December 31, 2027, a retail establishment that offers 33
for sale a reusable carryout bag made of film plastic with a 34
thickness equal to or greater than four mils shall collect, in 35
addition to the 12 cent pass-through charge, a four cent penalty. The 36
penalty shall be deposited in the waste reduction, recycling, and 37
litter control account under RCW 70A.200.140.))38
(c) A retail establishment must keep all revenue from pass-39
through charges((, not including the penalty provided under (b)(iii) 40
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of this subsection )). The pass-through charge is a taxable retail 1
sale. A retail establishment must show all pass-through charges and 2
penalties on a receipt provided to the customer. 3
(3) Carryout bags provided by a retail establishment do not 4
include: 5
(a) Bags used by consumers inside stores to: 6
(i) Package bulk items, such as fruit, vegetables, nuts, grains, 7
candy, greeting cards, or small hardware items such as nails, bolts, 8
or screws; 9
(ii) Contain or wrap items where dampness or sanitation might be 10
a problem including, but not limited to: 11
(A) Frozen foods; 12
(B) Meat; 13
(C) Fish; 14
(D) Flowers; and 15
(E) Potted plants; 16
(iii) Contain unwrapped prepared foods or bakery goods;17
(iv) Contain prescription drugs; or 18
(v) Protect a purchased item from damaging or contaminating other 19
purchased items when placed in a ((compliant paper carryout bag or 20
reusable)) carryout bag; or 21
(b) Newspaper bags, mailing pouches, sealed envelopes, door 22
hanger bags, laundry/dry cleaning bags, or bags sold in packages 23
containing multiple bags for uses such as food storage, garbage, or 24
pet waste. 25
(4)(a) Any compostable film bag that a retail establishment 26
provides to customers for products, including for products bagged in 27
stores prior to checkout, must meet the requirements for compostable 28
products and film bags in chapter 70A.455 RCW. 29
(b) A retail establishment may not use or provide polyethylene or 30
other noncompostable plastic bags for bagging of customer products in 31
stores, as carryout bags, or for home delivery that do not meet the 32
requirements for noncompostable products and film bags in chapter 33
70A.455 RCW. 34
(5) ((Except as provided by local regulations enacted as of April 35
1, 2020, a retail establishment may provide a bag restricted under 36
subsection (1) of this section from existing inventory until one year 37
after June 11, 2020. The retail establishment, upon request by the 38
department, must provide purchase invoices, distribution receipts, or 39
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other information documenting that the bag was acquired prior to June 1
11, 2020. 2
(6))) For the purposes of this section: 3
(a) A compliant paper carryout bag must: 4
(i) Contain a minimum of ((forty)) 40 percent postconsumer 5
recycled materials, a minimum of 40 percent nonwood renewable fiber, 6
or a combination of postconsumer recycled materials and nonwood 7
renewable fiber that totals at least 40 percent; 8
(ii) Be capable of composting, consistent with the timeline and 9
specifications of the entire American society of testing materials 10
D6868 and associated test methods that must be met, as it existed as 11
of January 1, 2020; and 12
(iii) Display in print on the exterior of the paper bag the 13
minimum percentage of postconsumer content, wheat straw fiber 14
content, or both. 15
(b) A ((reusable)) carryout bag ((must:16
(i) Have a minimum lifetime of one hundred twenty-five uses, 17
which for purposes of this subsection means the capacity to carry a 18
minimum of twenty-two pounds one hundred twenty-five times over a 19
distance of at least one hundred seventy-five feet;20
(ii) Be machine washable or made from a durable material that may 21
be cleaned or disinfected; and22
(iii) If)) made of film plastic must: 23
(((A))) (i) Be made from a minimum of ((twenty)) 20 percent 24
postconsumer recycled content until July 1, 2022, and thereafter must 25
be made from a minimum of ((forty)) 40 percent postconsumer recycled 26
content; and27
(((B))) (ii) Display in print on the exterior of the plastic bag 28
the minimum percentage of postconsumer recycled content ((, the mil 29
thickness, and that the bag is reusable; and30
(C) Have a minimum thickness of no less than 2.25 mils until 31
December 31, 2027, and beginning January 1, 2028, must have a minimum 32
thickness of four mils)). 33
(c) Except for the purposes of subsection (4) of this section, 34
food banks and other food assistance programs are not retail 35
establishments, but are encouraged to take actions to reduce the use 36
of single-use plastic carryout bags. 37
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