EPR for batteries now in force
After two years of development, the final implementing rules for the Washington State battery EPR scheme were finalised on 15 December 2025.
The rules came into effect on 16 January 2026, with participation in producer responsibility organisations (PROs) starting from:
- 2027 for primary and rechargeable batteries, and
- 2029 for medium-format batteries
Background
The Act for Responsible Environmental Management of Batteries was signed into law by the governor on 11 May 2023 and requires producers and importers of in-scope batteries to join a PRO or comply with collection and recycling requirements individually.
The Law underwent several drafts in the rulemaking process: October 24, February 25, and May 25.
The final rules largely kept the same key provisions as the draft rules.
Key requirements and deadlines
Producers of in-scope batteries or retailers selling, offering for sale, distributing or making available covered batteries or battery-containing products in or into Washington are obligated to participate in a stewardship plan, either individually or through a PRO by the following dates:
- January 2027 for single-use and rechargeable portable batteries, and
- January 2029 for medium-format batteries
The requirements also apply to in-scope batteries embedded in or shipped with EEE, provided they can be easily removed from the device.
However, it excludes batteries in devices that are covered by the state's WEEE program (TVs, monitors, desktop and laptop computers, and tablets.)
The Law has the same requirements for loose ('primary') versus embedded ('battery-containing product') batteries.
Producers must also meet the following marking requirements for their batteries:
- 1 January 2028: batteries must display the producer's brand
- 1 January 2030: batteries must display:
1) crossed-out wheeled bin to indicate battery should not be disposed of as household waste, and
2) chemistry information
The legislation allows for more than one PRO.
PROs or producers planning to individually comply must submit battery stewardship plans to the Washington State Department of Ecology by 01 July 2026.
Stay up-to-speed with developments in Washington with Landbell Group's Global EPR Information Services.











