The state of Washington is fining 35 companies a total of $416,000 for not using enough recycled plastic in their packaging, the first time it's issued penalties under a 2021 law.
Washington's Department of Ecology said Oct. 3 that the companies, including brands like Clorox Co. and Ocean Spray Cranberries Inc., didn't comply with the 15 percent recycled content required for beverage containers and the 10 percent required for trash bags.
Fines ranged from $39 for yogurt maker Chobani LLC to $67,196 for Clorox, which makes Glad brand trash bags. The second-largest fine went to Talking Rain Beverage Co., at $59,861, followed by Ocean Spray, at $53,568, and grocery store chain Albertsons at nearly $42,000.
"Most producers see the value in using recycled content in their products," said Peter Lyon, Ecology's solid waste program manager. "We need to continue working together to improve our recycling system and reduce the pollution and contamination that come from producing new plastic."
State officials said 310 companies registered under the law, but 182 of them either did not have enough revenue or used small amounts of plastic and did not have to meet its requirements.
Of the 128 that had to comply with the law, 93 used enough recycled content but 35 did not, the state said.
Companies have 30 days to pay the fine or appeal to the state's Pollution Control Hearings Board.
The department said about 150 million pounds of plastic was used in trash bags and beverage containers covered by the law in 2023, the first year it went into effect. About 24 percent of that total, or 36 million pounds, was recycled plastic with the remaining 76 percent virgin plastic, the state said.
The agency said it believes there are hundreds of other companies that may fall under the law but have not registered.
The law, which state officials said is designed to reduce plastic waste and pollution, will ramp up and add more products starting in 2025, when it adds a 15 percent requirement for household cleaning and personal care products.
Beverage container recycled content minimums will rise to 25 percent in 2028 and 50 percent in 2031. It 2028, the law will add plastic wine containers and dairy and milk containers at a 15 percent level, rising to 50 percent by 2036.
Trash bags will top out at 20 percent recycled content. Cleaning and personal care products will have to meet 50 percent recycled content starting in 2031.