reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.455 - Plastic Product Degradability. › 70A.455.060 - Plastic food service products/film products—Identification.

RCW 70A.455.060
Plastic food service products/film products—Identification.
(1)(a) A producer of plastic food service products or film products that meet ASTM standard specification D6400 or ASTM standard specification D6868 must ensure that the items are readily and easily identifiable from other plastic food service products or plastic film products in a manner that is consistent with the federal trade commission guides.
(b) Film bags are exempt from the requirements of this section, and are instead subject to the requirements of RCW 70A.455.050.
(2) For the purposes of this section, "readily and easily identifiable" products must:
(a) Be labeled with a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the ASTM standard specification;
(b) Be labeled with the word "compostable," where possible, indicating the food packaging or film product has been tested by a recognized third-party independent body and meets the ASTM standard specification;
(c) Meet industry standards for being distinguishable upon quick inspection in both public sorting areas and in processing facilities;
(d) If the product is a plastic food service product or food contact film product, be at least partially colored or partially tinted green, beige, or brown, or have a green, beige, or brown stripe or band at least .25 inches wide; and
(e) If the product is a nonfood contact film product, be at least partially colored or partially tinted green or have a green stripe or band at least .25 inches wide and display the word "compostable."
(3) It is encouraged that each product described in subsection (1) of this section display labeling language via printing, embossing, or compostable adhesive stickers using, when possible, either the colors green, beige, or brown that contrast with background product color for easy identification.
(4) Graphic elements are encouraged to increase legibility of the word "compostable" and overall product distinction that may include text boxes, stripes, bands, or a green, beige, or brown tint of the product.
(5) A producer is required to comply with this section only to the extent that the labeling requirements do not conflict with the federal trade commission guides.
[ 2022 c 180 § 805; 2020 c 20 § 1446; 2019 c 265 § 6. Formerly RCW 70.360.060.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 §§ 1446-1450: "Sections 1446 through 1450 of this act take effect July 1, 2020." [ 2020 c 20 § 104.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.455 - Plastic Product Degradability. › 70A.455.070 - Producers of plastic film bags or food service products—Prohibited, discouraged, and encouraged acts.

RCW 70A.455.070
Producers of plastic film bags or food service products—Prohibited, discouraged, and encouraged acts.
(1) A producer of plastic film bags sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.050 is:
(a) Prohibited from using tinting, color schemes, labeling, or terms that are required of products that meet the applicable ASTM standard specifications under RCW 70A.455.050;
(b) Discouraged from using labeling, images, and terms that may reasonably be anticipated to confuse consumers into believing that noncompostable products are compostable; and
(c) Encouraged to use labeling, images, and terms to help consumers identify noncompostable bags as either: (i) Suitable for recycling; or (ii) necessary to dispose as waste.
(2) A producer of food service products, or plastic film products other than plastic film bags subject to subsection (1) of this section, sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.060 is:
(a) Prohibited from using labeling, or terms that are required of products that meet the applicable ASTM standard specifications under RCW 70A.455.060;
(b) Discouraged from using labeling, images, and terms that may reasonably be anticipated to confuse consumers into believing that noncompostable products are compostable; and
(c) Encouraged to use tinting, coloration, labeling, images, and terms to help consumers identify film products and food service packaging as either: (i) Suitable for recycling; or (ii) necessary to dispose as waste.
[ 2022 c 180 § 806; 2020 c 20 § 1447; 2019 c 265 § 7. Formerly RCW 70.360.070.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 §§ 1446-1450: See note following RCW 70A.455.060.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.455 - Plastic Product Degradability. › 70A.455.080 - Submission of information demonstrating compliance with chapter—Other information.

RCW 70A.455.080
Submission of information demonstrating compliance with chapter—Other information.
(1) Upon the request by a person, including the department, a producer shall submit to that person or the department, within 90 days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate.
(2) Upon request by a commercial compost processing facility, producers of compostable products are encouraged to provide the facility with information regarding the technical aspects of a commercial composting environment, such as heat or moisture, in which the producer's product has been field tested and found to degrade.
[ 2022 c 180 § 807; 2019 c 265 § 8. Formerly RCW 70.360.080.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.455 - Plastic Product Degradability. › 70A.455.090 - Enforcement of chapter—Penalties—Enforcement.

RCW 70A.455.090
Enforcement of chapter—Penalties—Enforcement.
(1)(a) The department and cities and counties have concurrent authority to enforce this chapter and to issue and collect civil penalties for a violation of this chapter, subject to the conditions in this section and RCW 70A.455.100. An enforcing government entity may impose a civil penalty in the amount of up to $2,000 for the first violation of this chapter, up to $5,000 for the second violation of this chapter, and up to $10,000 for the third and any subsequent violation of this chapter. If a producer has paid a prior penalty for the same violation to a different government entity with enforcement authority under this subsection, the penalty imposed by a government entity is reduced by the amount of the payment.
(b) The enforcement of this chapter must be based primarily on complaints filed with the department and cities and counties. The department must establish a forum for the filing of complaints. Cities, counties, or any person may file complaints with the department using the forum, and cities and counties may review complaints filed with the department via the forum. The forum established by the department may include a complaint form on the department's website, a telephone hotline, or a public outreach strategy relying upon electronic social media to receive complaints that allege violations. The department, in collaboration with the cities and counties, must provide education and outreach activities to inform retail establishments, consumers, and producers about the requirements of this chapter.
(2) Penalties issued by the department are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to chapter 19.86 RCW or other consumer protection laws, if applicable.
(4) In addition to penalties recovered under this section, the enforcing city or county may recover reasonable enforcement costs and attorneys' fees from the liable producer.
[ 2022 c 180 § 808; 2020 c 20 § 1448; 2019 c 265 § 9. Formerly RCW 70.360.090.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 §§ 1446-1450: See note following RCW 70A.455.060.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.455 - Plastic Product Degradability. › 70A.455.100 - Producers in violation of chapter—Penalties.

RCW 70A.455.100
Producers in violation of chapter—Penalties.
(1) Producers who violate the requirements of this chapter are subject to civil penalties described in RCW 70A.455.090. A specific violation is deemed to have occurred upon the sale of noncompliant product by stock-keeping unit number or unique item number. The repeated sale of the same noncompliant product by stock-keeping unit number or unique item number is considered a single violation.
(2)(a) A city or county enforcing a requirement of this chapter must send a written notice and a copy of the requirements to a noncompliant producer of an alleged violation, who will have 90 days to become compliant.
(b) A city or county enforcing a requirement of this chapter may assess a first penalty if the producer has not met the requirements 90 days following the date the notification was sent. A city or county may impose second, third, and subsequent penalties on a producer that remains noncompliant with the requirements of this chapter for every month of noncompliance.
(3) The department may only impose penalties under this chapter consistent with the standards established in RCW 43.21B.300.
[ 2022 c 180 § 809; 2020 c 20 § 1449; 2019 c 265 § 10. Formerly RCW 70.360.100.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Effective date—2020 c 20 §§ 1446-1450: See note following RCW 70A.455.060.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.455 - Plastic Product Degradability. › 70A.455.120 - Rules—Producers' declaration—Enforcement.

RCW 70A.455.120
Rules—Producers' declaration—Enforcement.
(1)The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(2) Producers of a product subject to RCW 70A.455.040, 70A.455.050, or 70A.455.060 must submit, under penalty of perjury, a declaration that the product meets the standards established under those sections of this chapter for the product. This declaration must be submitted to the department:
(a) By January 1, 2024, for a product that is or will be sold or distributed into Washington beginning January 1, 2024;
(b) Prior to the sale or distribution of a product newly sold or distributed into Washington after January 1, 2024; and
(c) Prior to the sale or distribution of a product whose method of compliance with the standards established in RCW 70A.455.040, 70A.455.050, or 70A.455.060 is materially changed from the method of compliance used at the last declaration submission under this section.
(3) The department must begin enforcing the requirements of this chapter by July 1, 2024.
[ 2022 c 180 § 810.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.010 - Findings.

RCW 70A.500.010
Findings.
The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The legislature further finds that the system must encourage the design of electronic products that are less toxic and more recyclable. The legislature further finds that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the collection, transportation, and recycling system.
[ 2006 c 183 § 1. Formerly RCW 70.95N.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.030 - Manufacturer participation.

RCW 70A.500.030
Manufacturer participation.
(1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.
(2) An independent plan or the standard plan must be implemented and fully operational no later than January 1, 2009.
(3) The manufacturers participating in an approved plan are responsible for covering all administrative and operational costs associated with the collection, transportation, and recycling of their plan's equivalent share of covered electronic products. If costs are passed on to consumers, it must be done without any fees at the time the unwanted electronic product is delivered or collected for recycling. However, this does not prohibit collectors providing premium or curbside services from charging customers a fee for the additional collection cost of providing this service, when funding for collection provided by an independent plan or the standard plan does not fully cover the cost of that service.
(4) Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste in the state of Washington, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself or by contract pursuant to RCW 81.77.020.
(5) Manufacturers are encouraged to collaborate with electronic product retailers, certificated waste haulers, processors, recyclers, charities, and local governments within the state in the development and implementation of their plans.
[ 2006 c 183 § 3. Formerly RCW 70.95N.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.040 - Manufacturer registration.

RCW 70A.500.040
Manufacturer registration.
(1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department.
(2) A manufacturer must submit to the department with each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department under RCW 70A.500.230.
(3) The department shall review the registration or renewal application and notify the manufacturer if their registration does not meet the requirements of this section. Within thirty days of receipt of such a notification from the department, the manufacturer must file with the department a revised registration addressing the requirements noted by the department.
(4) The registration must include the following information:
(a) The name and contact information of the manufacturer submitting the registration;
(b) The manufacturer's brand names of covered electronic products, including all brand names sold in the state in the past, all brand names currently being sold in the state, and all brand names for which the manufacturer has legal responsibility under RCW 70A.500.100;
(c) The method or methods of sale used in the state; and
(d) Whether the registrant will be participating in the standard plan or submitting an independent plan to the department for approval.
(5) The registrant shall submit any changes to the information provided in the registration to the department within fourteen days of such change.
(6) The department shall identify, using all reasonable means, manufacturers that are in business or that are no longer in business but that have a successor in interest by examining best available return share data, product advertisements, and other pertinent data. The department shall notify manufacturers that have been identified and for whom an address has been found of the requirements of this chapter, including registration and plan requirements under this section and RCW 70A.500.050.
[ 2020 c 20 § 1248; 2013 c 305 § 2; 2006 c 183 § 4. Formerly RCW 70.95N.040.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.050 - Independent plan requirements.

RCW 70A.500.050
Independent plan requirements.
(1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.
(2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided that:
(a) For program years 2009 through 2015, each independent plan represents at least a five percent return share of covered electronic products. For program year 2016 and all subsequent program years, each independent plan represents at least a five percent market share of covered electronic products; and
(b) No manufacturer may participate in an independent plan if it is a new entrant or a white box manufacturer.
(3) An individual manufacturer submitting an independent plan to the department is responsible for collecting, transporting, and recycling its equivalent share of covered electronic products.
(4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
(b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan with the department on their behalf. A letter of certification from each of the manufacturers designating the authorized party must be submitted to the department together with the plan.
(5) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this chapter in the event that the plan fails to meet the manufacturer's obligations under this chapter.
[ 2013 c 305 § 3; 2006 c 183 § 5. Formerly RCW 70.95N.050.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.070 - Plan updates—Revised plan.

RCW 70A.500.070
Plan updates—Revised plan.
(1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this subsection.
(a) If the program fails to provide service in each county in the state or meet other plan requirements, the authority or authorized party shall submit to the department within sixty days of failing to provide service an updated plan addressing how the program will be adjusted to meet the program geographic coverage and collection service requirements established in RCW 70A.500.090.
(b) The authority or authorized party shall notify the department of any modification to the plan. If the department determines that the authority or authorized party has significantly modified the program described in the plan, the authority or authorized party shall submit a revised plan describing the changes to the department within sixty days of notification by the department.
(2) Within sixty days after receipt of a revised plan, the department shall determine whether the revised plan complies with this chapter. If the revised plan is approved, the department shall send a letter of approval. If the revised plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan revision within sixty days after receipt of the letter of disapproval.
(3) The authority or authorized parties may buy and sell collected covered electronic products with other programs without submitting a plan revision for review.
[ 2020 c 20 § 1250; 2006 c 183 § 7. Formerly RCW 70.95N.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.080 - Independent plan participants changing to standard plan.

RCW 70A.500.080
Independent plan participants changing to standard plan.
(1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least five months prior to the start of the next program year.
(2) Manufacturers may not change from one plan to another plan during a program year.
(3) A manufacturer participating in the standard plan wishing to implement or participate in an independent plan may do so by complying with rules adopted by the department under RCW 70A.500.230.
[ 2020 c 20 § 1251; 2006 c 183 § 8. Formerly RCW 70.95N.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.090 - Collection services.

RCW 70A.500.090
Collection services.
(1) A program must provide collection services for covered electronic products of all product types and produced by any manufacturer that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban areas. Each program must provide collection service in every county of the state. A program may provide collection services jointly with another plan or plans.
(a) For any city or town with a population of greater than ten thousand, each program shall provide a minimum of one collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection opportunity for all product types. A collection site for a county may be the same as a collection site for a city or town in the county.
(b) Collection sites may include electronics recyclers and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or other suitable locations.
(c) Collection sites must be staffed, open to the public at a frequency adequate to meet the needs of the area being served, and on an ongoing basis.
(2) A program may limit the number of covered electronic products or covered electronic products by product type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.
(3) A program may provide collection services in forms different than collection sites, such as curbside services, if those alternate services provide equal or better convenience to citizens and equal or increased recovery of unwanted covered electronic products.
(4) For rural areas without commercial centers or areas with widely dispersed population, a program may provide collection at the nearest commercial centers or solid waste sites, collection events, mail-back systems, or a combination of these options.
(5) For small businesses, small governments, charities, and school districts that may have large quantities of covered electronic products that cannot be handled at collection sites or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing of these large quantities of covered electronic products at no charge to the small businesses, small governments, charities, and school districts.
[ 2013 c 305 § 4; 2006 c 183 § 9. Formerly RCW 70.95N.090.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.100 - Successor duties.

RCW 70A.500.100
Successor duties.
Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic products manufactured prior to July 1, 2006, unless that responsibility remains with another entity per the purchase agreement and the acquiring manufacturer provides the department with a letter from the other entity accepting responsibility for the covered electronic products. Cobranding manufacturers may negotiate with retailers for responsibility for those products and must notify the department of the results of their negotiations.
[ 2006 c 183 § 10. Formerly RCW 70.95N.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.110 - Covered electronic sampling.

RCW 70A.500.110
Covered electronic sampling.
(1) For program years 2009 through 2014, an independent plan and the standard plan must implement and finance an auditable, statistically significant sampling of covered electronic products entering its program every program year. The information collected must include a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, the total weight of the sample by product type, and any additional information needed to assign return share.
(2) For program years 2009 through 2014, the sampling must be conducted in the presence of the department or a third-party organization approved by the department. The department may, at its discretion, audit the methodology and the results.
(3) After the fifth program year through the 2014 program year, the department may reassess the sampling required in this section. The department may adjust the frequency at which manufacturers must implement the sampling or may adjust the frequency at which manufacturers must provide certain information from the sampling. Prior to making any changes, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any such changes.
[ 2013 c 305 § 5; 2006 c 183 § 11. Formerly RCW 70.95N.110.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.120 - Promotion of covered product recycling.

RCW 70A.500.120
Promotion of covered product recycling.
(1) An independent plan and the standard plan must inform covered entities about where and how to reuse and recycle their covered electronic products at the end of the product's life, including providing a website or a toll-free telephone number that gives information about the recycling program in sufficient detail to educate covered entities regarding how to return their covered electronic products for recycling.
(2) The department shall promote covered electronic product recycling by:
(a) Posting information describing where to recycle unwanted covered electronic products on its website;
(b) Providing information about recycling covered electronic products through a toll-free telephone service; and
(c) Developing and providing artwork for use in flyers and signage to retailers upon request.
(3) Local governments shall promote covered electronic product recycling, including listings of local collection sites and services, through existing educational methods typically used by each local government.
(4) A retailer who sells new covered electronic products shall provide information to consumers describing where and how to recycle covered electronic products and opportunities and locations for the convenient collection or return of the products. This requirement can be fulfilled by providing the department's toll-free telephone number and website. Remote sellers may include the information in a visible location on their website as fulfillment of this requirement.
(5) Manufacturers, state government, local governments, retailers, and collection sites and services shall collaborate in the development and implementation of the public information campaign.
[ 2006 c 183 § 12. Formerly RCW 70.95N.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.130 - Electronic products recycling account.

RCW 70A.500.130
Electronic products recycling account.
(1) The electronic products recycling account is created in the custody of the state treasurer. All payments resulting from plans not reaching their equivalent share, as described in RCW 70A.500.220, shall be deposited into the account. Any moneys collected for manufacturer registration fees, fees associated with reviewing and approving plans and plan revisions, and penalties levied under this chapter shall be deposited into the account.
(2) Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(3) Moneys in the account may be used solely by the department for the purposes of fulfilling department responsibilities specified in this chapter and for expenditures to the authority and authorized parties resulting from plans exceeding their equivalent share, as described in RCW 70A.500.220. Funds in the account may not be diverted for any purpose or activity other than those specified in this section.
[ 2020 c 20 § 1252; 2006 c 183 § 13. Formerly RCW 70.95N.130.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.150 - Nonprofit charitable organizations—Report.

RCW 70A.500.150
Nonprofit charitable organizations—Report.
Nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale and that are used by a plan to collect covered electronic products shall file a report with the department by March 1st of the second program year and each program year thereafter. The report must indicate and document the weight of covered electronic products sent for recycling during the previous program year attributed to each plan that the charitable organization is participating in.
[ 2006 c 183 § 15. Formerly RCW 70.95N.150.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.160 - Electronic products for sale must include manufacturer's brand.

RCW 70A.500.160
Electronic products for sale must include manufacturer's brand.
(1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in the state unless the electronic product is labeled with the manufacturer's brand. The label must be permanently affixed and readily visible.
(2) In-state retailers in possession of unlabeled products on January 1, 2007, may exhaust their stock through sales to the public.
[ 2006 c 183 § 16. Formerly RCW 70.95N.160.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.170 - Sale of covered electronic products.

RCW 70A.500.170
Sale of covered electronic products.
No person may sell or offer for sale a covered electronic product to any person in this state unless the manufacturer of the covered electronic product has filed a registration with the department under RCW 70A.500.040 and is participating in an approved plan under RCW 70A.500.050. A person that sells or offers for sale a covered electronic product in the state shall consult the department's website for lists of manufacturers with registrations and approved plans prior to selling a covered electronic product in the state. A person is considered to have complied with this section if on the date the product was ordered from the manufacturer or its agent, the manufacturer was listed as having registered and having an approved plan on the department's website.
[ 2020 c 20 § 1254; 2006 c 183 § 17. Formerly RCW 70.95N.170.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.180 - Department website.

RCW 70A.500.180
Department website.
(1) The department shall maintain on its website the following information:
(a) The names of the manufacturers and the manufacturer's brands that are registered with the department under RCW 70A.500.040;
(b) The names of the manufacturers and the manufacturer's brands that are participating in an approved plan under RCW 70A.500.050;
(c) The names and addresses of the collectors and transporters that are listed in registrations filed with the department under RCW 70A.500.240;
(d) The names and addresses of the processors used to fulfill the requirements of the plans;
(e) For program years 2009 through 2015, return and equivalent shares for all manufacturers.
(2) The department shall update this website information promptly upon receipt of a registration or a report.
[ 2020 c 20 § 1255; 2013 c 305 § 7; 2006 c 183 § 18. Formerly RCW 70.95N.180.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.190 - Return share calculation.

RCW 70A.500.190
Return share calculation.
(1) For program years 2009 through 2015, the department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered electronic products identified for each manufacturer by the total weight of covered electronic products identified for all manufacturers in the standard plan or an independent plan, then multiplying the quotient by one hundred.
(2) For the first program year, the department shall determine the return share for such manufacturers using all reasonable means and based on best available information regarding return share data from other states and other pertinent data.
(3) For 2014, the department shall determine the return share for such manufacturers using all reasonable means and based on the most recent sampling of covered electronic products conducted in the state under RCW 70A.500.110.
(4)(a) For program year 2016 and all subsequent program years, the department shall determine market share by weight for all manufacturers using any combination of the following data:
(i) Generally available market research data;
(ii) Sales data supplied by manufacturers for brands they manufacture or sell; or
(iii) Sales data provided by retailers for brands they sell.
(b) The department shall determine each manufacturer's percentage of market share by dividing each manufacturer's total pounds of covered electronic products sold in Washington by the sum total of all pounds of covered electronic products sold in Washington by all manufacturers.
(5) Data reported by manufacturers under subsection (4) of this section is exempt from public disclosure under chapter 42.56 RCW.
[ 2020 c 20 § 1256; 2013 c 305 § 8; 2006 c 183 § 19. Formerly RCW 70.95N.190.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.200 - Equivalent share calculation—Notice to manufacturers—Billing parties that do not meet their plan's equivalent share—Payments to parties that exceed their plan's equivalent share—Nonprofit charitable organizations.

RCW 70A.500.200
Equivalent share calculation—Notice to manufacturers—Billing parties that do not meet their plan's equivalent share—Payments to parties that exceed their plan's equivalent share—Nonprofit charitable organizations.
(1) For program years 2009 through 2015, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section. For program year 2016 and all subsequent program years, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the market share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section.
(2)(a) By June 1st of each program year, the department shall notify each manufacturer of the manufacturer's equivalent share of covered electronic products to be applied to the previous program year. The department shall also notify each manufacturer of how its equivalent share was determined.
(b) By June 1st of each program year, the department shall bill any authorized party or authority that has not attained its plan's equivalent share as determined under RCW 70A.500.220. The authorized party or authority shall remit payment to the department within sixty days from the billing date.
(c) By September 1st of each program year, the department shall pay any authorized party or authority that exceeded its plan's equivalent share.
(3) Plans that utilize the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given an additional five percent credit to be applied toward a plan's equivalent share for pounds that are received for recycling from those organizations. The department may adjust the percentage of credit annually.
[ 2020 c 20 § 1257; 2013 c 305 § 9; 2006 c 183 § 20. Formerly RCW 70.95N.200.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.210 - Preliminary return share—Notice—Challenges—Final return share.

RCW 70A.500.210
Preliminary return share—Notice—Challenges—Final return share.
(1) By June 1, 2007, the department shall notify each manufacturer of its preliminary return share of covered electronic products for the first program year.
(2) For program years 2009 through 2014, preliminary return share of covered electronic products must be announced annually by June 1st of each program year for the next program year. For the 2015 program year and all subsequent program years, preliminary market share of covered electronic products must be sent out to each individual manufacturer annually by June 1st of each program year for the next program year.
(3) Manufacturers may challenge the preliminary return or market share by written petition to the department. The petition must be received by the department within thirty days of the date of publication of the preliminary return or market shares.
(4) The petition must contain a detailed explanation of the grounds for the challenge, an alternative calculation, and the basis for such a calculation, documentary evidence supporting the challenge, and complete contact information for requests for additional information or clarification.
(5) Sixty days after the publication of the preliminary return or market share, the department shall make a final decision on return or market share, having fully taken into consideration any and all challenges to its preliminary calculations.
(6) A written record of challenges received and a summary of the bases for the challenges, as well as the department's response, must be published at the same time as the publication of the final return share.
(7) By August 1, 2007, the department shall publish the final return shares for the first program year. For program years 2009 through 2014, by August 1st of each program year, the department shall publish the final return shares for use in the coming program year. For the 2015 program year and all subsequent program years, by August 1st of each program year, the department shall notify each manufacturer of its final market shares for use in the coming program year.
[ 2013 c 305 § 10; 2006 c 183 § 21. Formerly RCW 70.95N.210.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.220 - Covered electronic products collected during a program year—Payment per pound under, over equivalent share.

RCW 70A.500.220
Covered electronic products collected during a program year—Payment per pound under, over equivalent share.
(1) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is less than the plan's equivalent share of covered electronic products for that year, then the authority or authorized party shall submit to the department a payment equal to the weight in pounds of the deficit multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products and an administrative fee. Moneys collected by the department must be deposited in the electronic products recycling account.
(2) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is more than the plan's equivalent share of covered electronic products for that year, then the department shall submit to the authority or authorized party, a payment equal to the weight in pounds of the surplus multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products.
(3) For purposes of this section, the initial reasonable collection, transportation, and recycling cost for covered electronic products is forty-five cents per pound and the administrative fee is five cents per pound.
(4) The department may annually adjust the reasonable collection, transportation, and recycling cost for covered electronic products and the administrative fee described in this section. Prior to making any changes in the fees described in this section, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any changes to the reasonable collection, transportation, and recycling cost or the administrative fee by January 1st of the program year in which the change is to take place.
[ 2006 c 183 § 22. Formerly RCW 70.95N.220.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.230 - Rules—Fees—Reports.

RCW 70A.500.230
Rules—Fees—Reports.
(1) The department shall adopt rules to determine the process for manufacturers to change plans under RCW 70A.500.080.
(2) The department shall establish annual registration and plan review fees for administering this chapter. An initial fee schedule must be established by rule and be adjusted no more often than once every two years. All fees charged must be based on factors relating to administering this chapter and be based on a sliding scale that is representative of annual sales of covered electronic products in the state, either by weight or unit, or by representative market share. Fees must be established in amounts to fully recover and not to exceed expenses incurred by the department to implement this chapter.
(3) The department shall establish an annual process for local governments and local communities to report their satisfaction with the services provided by plans under this chapter. This information must be used by the department in reviewing plan updates and revisions.
(4) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2020 c 20 § 1258; 2013 c 305 § 11; 2006 c 183 § 23. Formerly RCW 70.95N.230.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.240 - Collector, transporter, processor registration.

RCW 70A.500.240
Collector, transporter, processor registration.
(1) Each collector and transporter of covered electronic products in the state must register annually with the department. The registration must include all identification requirements for licensure in the state and the geographic area of the state that they serve. The department shall develop a single form for registration of both collectors and transporters.
(2) Each processor of covered electronic products utilized by an independent or standard plan must register annually with the department. The registration must include identification information and documentation of any necessary operating permits issued by state or local authorities.
[ 2006 c 183 § 24. Formerly RCW 70.95N.240.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.250 - Processors to comply with performance standards for environmentally sound management—Rules.

RCW 70A.500.250
Processors to comply with performance standards for environmentally sound management—Rules.
(1) The authority and each authorized party shall ensure that each processor used directly by the authority or the authorized party to fulfill the requirements of their respective standard plan or independent plan has provided the authority or the authorized party a written statement that the processor will comply with the requirements of this section and *section 26 of this act.
(2) The department shall establish by rule performance standards for environmentally sound management for processors directly used to fulfill the requirements of an independent plan or the standard plan. Performance standards may include financial assurance to ensure proper closure of facilities consistent with environmental standards.
(3) The department shall establish by rule guidelines regarding nonrecycled residual that may be properly disposed after covered electronic products have been processed.
(4) The department may audit processors that are utilized to fulfill the requirements of an independent plan or the standard plan.
(5) No plan or program required under this chapter may include the use of federal or state prison labor for processing.
[ 2006 c 183 § 25. Formerly RCW 70.95N.250.]
NOTES:
*Reviser's note: Section 26 of this act was vetoed by the governor.