Washington Department Of Ecology Adopts Battery Stewardship Rule

Key Takeaways

• What Happened: On December 16, 2025, the Washington Department of Ecology (Ecology) adopted a new rule – the Battery Stewardship Program, Chapter 173-905 WAC – to implement and clarify requirements under Washington's battery extended producer responsibility (EPR) law (see B&D's prior alert here). The rule takes effect on January 16, 2026.
• Who Is Impacted: Any producer of "covered batteries" or "battery-containing products" or any retailer selling, offering for sale, distributing, or making available covered batteries or battery-containing products in or into Washington.
• Rule Summary: The rule now confirms key details that entities need to determine whether they are obligated producers or retailers under Washington's battery EPR program. Though the rules change little in terms of the program's scope, they provide more detail on participation in stewardship plans, marking requirements, covered batteries, and fees. They also include detailed requirements for stewardship plans, public education initiatives, and battery collection programs.

Covered Products

Under the law, batteries and battery-containing products are in scope. The new rule adds that covered batteries include portable batteries used in the state, regardless of where the batteries were purchased. Otherwise, the rule changes little about the scope of covered batteries.

A "portable battery" continues to be defined under the rules as (a) a rechargeable battery weighing more than eleven pounds with a rating of more than 300 watt-hours or (b) a primary battery weighing no more than 4.4 pounds. Starting on January 1, 2029, the requirements will also cover medium-format batteries.

A "battery-containing product" is a product that contains or is packaged with rechargeable or primary batteries; however, the law does not cover batteries that are embedded in products and not easily removed.

Obligated Producers

Generally, determining the "producers" of covered batteries would be based on the following hierarchy:

1. The manufacturer, if the battery is sold under the manufacturer's brand.
2. The brand owner, if the product is sold under a retail or non-manufacturer brand.
3. If there is no manufacturer or brand owner, the person licensed to use the brand or trademark for the battery.
4. If none of the parties above exist, the importer of record into the United States.
5. If none of the parties above exist, the first seller or distributor of the battery in or into Washington.
6. Parties also have the option of contracting with another party to accept responsibility for compliance with producer obligations.

A similar hierarch applies to producers of "battery-containing products."

Marking Requirements for Batteries

The law outlines marking requirements for covered products, and the new rule adds to that requirement, noting that markings must be "permanent, clearly visible, and legible." WAC 173-905-310. By January 1, 2028, this must include the producer's brand. By January 1, 2030, this must include the crossed-out wheeled bin symbol included in the rules and information on battery chemistry. Helpfully, the rule added a definition of "chemistry" to mean the names, symbols, or codes recognized by standards organizations (i.e., ANSI, IEC, or SAE) used to identify the electrochemical system of the battery.

Fees to the Department

The rule provides for two types of fees that the battery stewardship organizations must pay to Ecology. First, the battery stewardship organization must pay a plan renewal fee upon submitting a plan to Ecology for review. Ecology will set this renewal fee annually. The rules also require an annual fee, to be paid each year on June 1. Ecology will set this fee each year based on the prior year's administrative costs and post the fee amount on its website. If there are multiple battery stewardship organizations, the fee will be allocated based on producers' market share within each organization.

Key Dates and Deadlines for Obligated Producers

The rule expressly lays out a few key dates, in addition to those already required by the law.

• July 1, 2026
  • Producers or hired organizations must submit battery stewardship plans for portable batteries and battery-containing products to Ecology.
  • Battery stewardship plans are not defined in the statute, but the rule defines them as "a plan developed for the collection, transportation, recycling, and the safe and proper management of covered batteries."
• January 1, 2027
  • Producers must participate in an approved stewardship plan for portable batteries and battery-containing products. A producer can either implement its own battery stewardship plan or hire a nonprofit organization to implement it.
• July 1, 2027
  • Retailers are prohibited from selling portable batteries and battery-containing products unless the battery producer is participating in an approved stewardship plan.
• January 1, 2028
  • Producers or hired organizations must submit medium-format battery stewardship plans to Ecology. This deadline is not stated in the statute but is explicit in the rule.
  • Producers must permanently, clearly, and legibly mark batteries with the producer's brand.
• July 1, 2029
  • Producers must participate in an approved stewardship plan for medium-format batteries.
• January 1, 2030
  • Producers must permanently, clearly, and legibly mark batteries with 1) a crossed-out wheeled bin to indicate that the battery should not be disposed of as household waste and 2) chemistry information.

Producers must certify to their customers, the retailer (if the retailer is not the customer), and the battery stewardship organization that they have complied with the marking requirements. If the producer implements its own plan, it will certify compliance directly to Ecology. Ecology will post the list of certified producers on its public website.

Retailer Requirements

Retailers must meet the following requirements:

• Beginning July 1, 2027, the law prohibits retailers from selling or distributing covered portable batteries or battery-containing products unless the producer participates in an approved plan.
• Beginning January 1, 2028, the law prohibits retailers from selling or distributing large-format batteries in Washington unless the producer participates in an approved plan.
• Beginning July 1, 2029, the law prohibits retailers from selling or distributing medium-format batteries in Washington unless the producer participates in an approved plan.

Next Steps

Product manufacturers, brand owners, and distributors should evaluate whether they meet the definition of "producer." Obligated producers should also create their own stewardship plan or register with a stewardship organization -- by the deadlines listed above. Retailers should watch for Ecology's list of certified producers to ensure they are selling and distributing covered batteries or battery-containing products from producers participating in an approved stewardship plan.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.