WA HB 2658 (2018) / RCW 70A.222 — View source legislation
Washington was a pioneer in PFAS food packaging regulation, initially passing HB 2658 in 2018, followed by SB 5135 expanding the scope. The state adopted a phased approach: Phase 1, effective February 2023, banned PFAS in paper-based food wraps, liners, bags, and sleeves. Phase 2, effective February 2025, extended the prohibition to all plant fiber-based food packaging. This phased rollout gave the packaging industry time to develop alternatives, but both phases are now fully in effect.
The Washington Department of Ecology enforces the ban with penalties up to $5,000 per violation per day — and that daily accrual makes extended non-compliance extremely expensive. The department has been active in outreach and enforcement, conducting market surveillance and responding to complaints. For food businesses in Seattle, Tacoma, Spokane, and across the state, the ban covers the full range of plant fiber takeout containers, from clamshells and bowls to pizza boxes and paper bags.
Washington's packaging market has largely adapted since the Phase 1 effective date, and most major distributors serving the Pacific Northwest now stock PFAS-free alternatives. However, businesses sourcing specialty packaging or importing directly should verify compliance, especially for items like grease-resistant paper wraps where PFAS coatings were historically common. The state does allow a petition process for packaging where no feasible alternative exists, but these exemptions are narrow and require Department of Ecology approval.
WA HB 2658 (2018) / RCW 70A.222
Plant-fiber based packaging only
Phased prohibition on PFAS in food packaging. Phase 1 (Feb 2023) covered wraps, liners, plates, food boats, and pizza boxes. Phase 2 (May 2024) extends to bags, sleeves, bowls, and all containers including clamshells.
Enforced by WA Department of Ecology. RCW 70A.222 does not specify monetary penalties; Ecology may prohibit the sale of non-compliant packages. General Ecology enforcement authority may apply.
Exemptions
Washington's PFAS ban primarily covers manufacturer and distributor in the supply chain. Food service operators are not directly covered under this statute. Many businesses choose to request PFAS-free documentation from packaging suppliers.
Confirm Phase 2 Coverage Is Met
Both phases are now active. Verify that all plant fiber-based packaging — not just paper wraps — meets the PFAS-free requirement. This includes molded fiber containers, cups, plates, and trays.
Request Supplier Compliance Documentation
Consider requesting written statements from packaging suppliers confirming their products comply with Washington's PFAS food packaging ban under HB 2658 and SB 5135. Department of Ecology may request this documentation during inspections.
Review Daily Penalty Exposure
At $5,000 per violation per day, even a short period of non-compliance creates significant financial exposure. If you discover non-compliant packaging in your inventory, replace it immediately and document the remediation.
Check Ecology's Exempt Packaging List
If you use specialty packaging where PFAS-free alternatives may not exist, check whether a feasibility exemption has been granted by the Department of Ecology before assuming you need to switch suppliers.
Use our free compliance checker to verify your food packaging meets Washington's PFAS regulations.
Run Free Regulation CheckLegal Disclaimer
This page provides general information about Washington's PFAS food packaging regulations and is not legal advice. Regulations may change; always verify current requirements with the relevant regulatory authority. PFAS Packaging Check is an information tool — consult qualified legal counsel for advice specific to your situation.