WA HB 2658 (2018) + SB 5135 (2023)
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) + SB 5135 (2023)
Plant-fiber based packaging only
Phased prohibition on PFAS in food packaging. Phase 1 (Feb 2023) covered paper food wraps and liners. Phase 2 (Feb 2025) extends to all plant-fiber based food packaging.
Civil: up to $5,000 per violation
Up to $5,000 per violation per day. Enforced by WA Department of Ecology.
Exemptions
Washington's PFAS ban primarily targets manufacturer and distributor in the supply chain. While food service operators are not directly liable, you should request PFAS-free documentation from your packaging suppliers to avoid supply chain disruptions.
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
Obtain 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 Compliance 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.