42050.
(a) (1) Consistent with the policy goal established in Section 41780.01, producers of single-use packaging or priority single-use products shall do all of the following:
(A) Source reduce single-use packaging or priority single-use products to the maximum extent feasible.
(B) Ensure that all single-use packaging or priority single-use products manufactured on or after January 1, 2032, and that are offered for
sale, sold, distributed, or imported in or into the state are recyclable or compostable as determined by the department pursuant to Section 42052.
(C) Ensure that all single-use packaging or priority single-use products offered for sale, sold, distributed, or imported in or into the state meet the requirements of Section 42054.
(2) Consistent with the policy goal established in Section 41780.01, the department shall achieve and maintain, by January 1, 2032, through the regulations adopted by the department and implemented by producers pursuant to this chapter, a statewide 75-percent reduction of waste generated from single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state through source reduction, recycling, and composting.
(b) Before January 1, 2025, the department shall adopt regulations to implement this chapter.
(c) Before adopting the regulations, in order to increase the opportunity for public participation and to receive comments, the department shall do both of the following:
(1) Conduct extensive outreach to stakeholders and to state and local agencies with jurisdiction relevant to this chapter, including, but not limited to, the state’s waste diversion, climate, water quality, public health, and air quality goals, and the state’s toxic substances regulation. This outreach shall include, but is not
limited to, convening a series of public workshops throughout the state to give interested parties an opportunity to comment and a series of stakeholder meetings designed to facilitate dialogue between stakeholders representing different interest groups such as local governments, the solid waste and recycling industries, product and packaging manufacturers, retailers and wholesalers, trade associations, agriculture, environmental justice, and environmental organizations. These meetings shall be held throughout the state to increase the opportunity for participation and shall inform the development of regulations pursuant to this section.
(B)Evaluate
(2) Identify and evaluate all of the following: following for potential inclusion in the regulations:
(i)
(A) Incentives and policies to maximize and encourage in-state manufacturing using recycled material generated in California
the state and the development of reusable packaging and products.
(ii)
(B) Economic mechanisms to reduce the distribution of single-use packaging and priority single-use products or to transition single-use packaging and priority single-use products to reusable alternatives and increase the recyclability or compostability of single-use packaging and priority single-use products. These economic mechanisms may include, but are not limited to, allowing producers to establish and operate a collection and deposit program, assess a generation-based fee, an
advanced recycling fee, pay as you throw fees, minimum recycled content requirements, or extended producer responsibility for single-use packaging and priority single-use products.
(iii)Avoiding
(C) Means of avoiding the litter, export, or improper disposal of single-use packaging, priority single-use products, and other materials likely to harm the environment or public health in California
the state or elsewhere in the world.
(iv)Labeling
(D) Clear and easy-to-understand labeling requirements regarding the recyclability, compostability, or reusability of packaging and priority single-use products.
products, consistent with Section 42052. Labeling requirements may include criteria for packaging to be labeled “recyclable,” “compostable,” “reusable,” or “refillable” based on factors including, but not limited to, whether the packaging or product can be readily recycled, composted, or reused and whether the packaging or product is likely to contaminate other recyclable or compostable material or material, complicate processing. processing, or mislead consumers. In developing labeling requirements, the department shall
consider national and international labeling standards and systems. systems and ensure that products labeled “compostable” or “home compostable” meet industry standards to ensure that the products are distinguishable upon quick inspection by consumers and solid waste processing facilities.
(v)Possible options
(E) Options
for producers to implement
comply with the requirements of this chapter and reduce packaging and product waste, including, but not limited to, through implementation of effective and convenient take-back opportunities, deposit systems, reusable and refillable delivery systems, designing for recyclability or compostability, advanced disposal fees, incentive programs, or similar mechanisms. The department may allow producers to implement extended producer responsibility programs, where appropriate, consistent with the requirements of Article 4 (commencing with Section 42070). 42070) and Section 40059. The department, to the maximum extent feasible, shall consider mechanisms to encourage using the network of solid waste collection programs and solid waste
facilities providing services, with fair reimbursement for the existing operators.
(vi)
(F) Actions identified through the California Ocean Litter Prevention Strategy and the Statewide Microplastics Strategy.
(vii)Establishing criteria
(G) Criteria for the source reduction requirements specified in subdivision (a) and to inform the checklist specified in paragraph (3) of subdivision (h). (i). Consideration shall include reducing weight, volume, or and quantity of single-use packaging and priority single-use product material in a way that does not decrease the ability of the material to be recycled recycled, composted,
or reused.
(viii)Establishing minimum
(H) Minimum
postconsumer recycled content requirements for a packaging or product category, where appropriate, in order to create or enhance markets for recycled material.
(ix)How
(I) Mechanisms to address technological innovations and new packaging materials or categories.
(C)Consider and provide recommendations on whether to transition or sunset existing recycling programs.
(D)Identify all of the following:
(J) Requirements to ensure single-use packaging and priority single-use products protect health and safety, consistent with, but not limited to, Chapter 6 (commencing with 42370), Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations, and the regulations adopted pursuant to Article 10.4 (commencing with Section 25214.11) of Chapter 6.5 of Division 20 of the Health and Safety Code.
(i)
(K) Opportunities to improve and expand waste collection and processing capabilities and infrastructure, including
including, but not limited to, the use of innovative new recycling and reuse technologies and secondary material recovery facilities.
(ii)
(L) Opportunities to harmonize local waste, recycling, and composting programs among local jurisdictions and barriers to encourage cooperation and standardization of programs.
(iii)
(M) Opportunities for encouraging the use of reusable or refillable packaging. packaging and products.
(iv)
(N) Opportunities for public education efforts to increase recycling and composting of single-use packaging and priority single-use products and reducing
litter from these items.
(v)
(O) Potential end-use markets for collected materials and policies required to stimulate domestic markets.
(vi)
(P) Opportunities for incentivizing and increasing consumer recycling.
recycling, composting, and reuse.
(vii)Discussion
(Q) Methods for identifying and conducting outreach to producers.
(R) Opportunities to reduce transport packaging waste while minimizing shipping and storage damage.
(d) The department shall determine, and
the regulations shall clearly specify, the packaging categories and the priority single-use products that are considered plastic for purposes of this chapter. In making this determination, the department shall include, but not be limited to, both of the following:
(1) Any synthetic material formed by the polymerization of substances into various forms, including, but not limited to, solid, semisolid, porous, flexible, rigid, crystalline, semicrystalline, soluble, or amorphous, including elastomers and fibers, as those terms are defined by the department.
(2) Any synthetic additives or coatings used in the manufacture of fiber packaging or products.
(e) The department shall establish a baseline for the 75-percent waste reduction requirement in subdivision (a) for each packaging and product
category based on waste characterization studies undertaken by the department, and any other information received by the department.
(c)
(f) (1) The department may identify single-use packaging or priority single-use products that, while determined to be single use for purposes of this chapter, present unique challenges in complying with this chapter.
(2) For any packaging or products identified as presenting unique challenges, the department may at any point develop a plan to
phase the packaging or products into the regulations.
(d)
(g) The department shall ensure that any regulations adopted pursuant to this chapter account for guidelines and regulations issued by the United States Food and Drug Administration.
Administration and the United States Department of Agriculture.
(e)
(h) If the department determines at any point
that a type of single-use packaging or priority single-use product cannot comply with this chapter due to health and safety reasons, or because it is unsafe to recycle, the department may exempt that packaging or product from this chapter.
(f)The regulations shall establish a baseline for the 75-percent waste reduction requirement in subdivision (a) for each packaging and product category based on waste characterization studies undertaken by the department, and any other information received by the department.
(g)(1)Producers shall do both of the following:
(A)Register with the department.
(B)Report any data to the department that the department
deems necessary to determine compliance with this chapter in a form, manner, and frequency determined by the department.
(2)Any confidential or proprietary market sensitive data received by the department pursuant to this chapter shall be held confidentially by the department as required by Section 40062 and any implementing regulations.
(3)The department shall create an online registration form to facilitate submitting reports pursuant to this subdivision.
(4)Producers shall submit the information required by the department pursuant to paragraph (1) using the format established by the department pursuant to paragraph (3).
(5)The department’s regulations shall establish appropriate timelines to begin reporting following the
adoption of regulations. The department shall consider the amount of information being reported in developing the timelines.
(h)
(i) (1) The department’s regulations shall include direct source reductions of single-use packaging and priority single-use products to the maximum extent feasible, in accordance with this section.
(2) The department may consider single-use packaging and priority single-use product reductions achieved by a producer before the effective date of the regulations toward
a producer’s compliance with this chapter if the producer can demonstrate to the satisfaction of the department that the producer reduced the single-use packaging or priority single-use product in a manner consistent with this chapter. chapter and actions taken to comply with Chapter 5.5 (commencing with Section 42300).
(3) (A) The department shall develop a checklist of source reduction measures, and a producer that complies with all applicable measures on the checklist shall be in compliance with the requirement to source reduce to the maximum extent feasible pursuant to subdivision (a). The department shall also offer guidance
on how to use the checklist as a means of complying with subdivision (a). The checklist measures may include, but are not limited to, ensuring the single-use packaging or priority single-use product remains recyclable or compostable, right-sizing products, packaging, eliminating excess packaging, compliance with internal or third-party certified packaging design guidelines, concentrating a product to reduce packaging, and transitioning to reusable alternatives where those alternatives are readily available.
The department may determine the checklist measures that apply to each producer to achieve the requirements of this subdivision based on packaging or product category.
(B) To determine which source reduction measures to include in the checklist, the department shall consider which single-use packaging and priority single-use products are prone to become litter, have readily available alternatives, make up a significant or problematic portion of the waste stream, or have are single-use packaging or priority single-use products for which there has been established,
or have for which there is the potential for, recycling or composting infrastructure.
(C) The checklist shall incorporate considerations that assist the department in evaluating whether it is feasible for a producer to implement one or more of the checklist source reduction measures, including product protection and integrity, consumer safety, shelf life, compatibility with distribution systems, and other relevant factors as the department deems appropriate.
(4) When establishing the source reduction measures, the department shall avoid incentivizing substitutions that may have a more
substantial negative impact on the environment. environment and shall ensure the single-use packaging or priority single-use product remains recyclable or compostable.
(5)In developing the regulations, the department shall count a producer’s source
reductions achieved to comply with Chapter 5.5 (commencing with Section 42300) toward compliance with this chapter.
(6)
(5) If the department believes a producer has not met its obligation to source reduce to the maximum extent feasible, feasible or if the department believes additional source reduction is feasible when the producer believes it is not, then the producer shall be given an opportunity to explain any relevant factors that would limit
its ability to meet its obligation or implement additional source reduction measures.
(i)If the department determines that early actions to source reduce certain single-use packaging and priority single-use products can further the purposes of this chapter, the department may adopt regulations to achieve those reductions. If the department adopts regulations pursuant to this subdivision, the department shall report that
action to the Legislature in the next report submitted pursuant to Section 42060.
(j) In developing the regulations, the department shall consider relevant information on reduction programs and approaches in other states, localities, and nations, including, but not limited to, the European Union, India, Costa Rica, and Canada, and international standards, including, but not limited to, ISO 18602.
(k)The department may determine which actions producers may undertake to achieve the requirements of subdivision (a) based on packaging or product category.
(l)
(k) In adopting regulations pursuant to this section, the department shall consider and avoid disproportionate impacts to low-income or disadvantaged communities.
(m)
(l) (1) The department shall not impose a recycled content requirement or any other requirement in direct conflict with a federal law or regulation, including, but not limited to, laws or regulations covering tamper-evident packaging
pursuant to Section 211.132 of Title 21 of the Code of Federal
Regulations, laws or regulations covering child-resistant packaging pursuant to Part 1700 of Subchapter E of Chapter II of Title 16 of the Code of Federal Regulations, or regulations, rules, or guidelines issued by the United States Department of Agriculture or the United State Food and Drug Administration relevant to packaging agricultural commodities, requirements for microbial contamination, structural integrity, or safety of packaging under the federal Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), 21 U.S.C. Sec. 2101 et seq., the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. Sec. 451 et seq.), the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.), or the regulations, rules, or guidance issued pursuant to those laws.
(2) Before the department may impose a recycled content requirement or any other requirement on film packaging that controls the oxygen and carbon dioxide ratio of freshly cut produce, the department shall first consider how much organic waste will be generated by the
requirement.
(n)
(m) (1) The department shall develop criteria for exemptions from the requirements of this chapter for small producers, small retailers, and wholesalers. small wholesalers based on size, revenue, number of retail locations, and market share.
(2) In developing the criteria, the department shall exempt producers, retailers, or wholesalers that, in the most recent calendar year, had gross sales of less than one million dollars ($1,000,000) in the state.
(3) If the department determines that exempting a particular small producer, small retailer, or small wholesaler hinders the ability of a packaging or product category from complying with the requirements of this chapter, the department may determine that the particular small producer, small retailer, or small wholesaler will not be exempted from the requirements of this chapter.
(o)
(n) The department shall establish criteria for allowing producers to comply with the requirements of this chapter through contractual arrangements with third parties that do not otherwise meet the definition of producer in subparagraph (A) of paragraph (6) (5) of subdivision (a) of Section 42042. The criteria shall not limit the department’s ability to enforce or otherwise implement this chapter.
(o) In developing the regulations, the department shall evaluate, consider,
and account for the recycling characteristics of both of the following:
(1) Postcommercial waste streams.
(2) Postresidential waste streams.
42052.
(a) In adopting regulations pursuant to Section 42050, the department shall develop criteria to determine whether the packaging or priority single-use products are reusable, recyclable, or compostable.(b) (1) For purposes of determining if single-use packaging or priority single-use products are recyclable, the director shall consider, at a minimum, all of the following criteria:
(A) Whether the single-use packaging or priority single-use product is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of
Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.
(B) Whether the single-use packaging or priority single-use product is regularly collected, separated, and cleansed for recycling by recycling service providers.
(C) Whether the single-use packaging or priority single-use product is regularly sorted and aggregated into defined streams for recycling processes.
(D) Whether the single-use packaging or priority single-use product is regularly processed and reclaimed or recycled with commercial recycling processes.
(E) Whether the single-use packaging or priority single-use product material regularly becomes feedstock that is used in the production
of new products.
(F) Whether the single-use packaging or priority single-use product material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.
(2) For purposes of determining if single-use packaging or priority single-use products are recyclable, the director shall consider the regulations adopted pursuant to Article 10.4 (commencing with Section 25214.11) of Chapter 6.5 of Division 20 of the Health and Safety Code. Code and in Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.
(3) For purposes of determining if single-use packaging or priority single-use products are recyclable, de minimis amounts of nonrecycable nonrecyclable material of not more than 3 percent of the total weight or volume of the single-use packaging or priority single-use product material is acceptable when the nonrecyclable material is required for the proper delivery, safety, sterility, stability, or use of the product or the product contained within the packaging. If the nonrecyclable material negatively affects the recyclability of the product or packaging, the material shall not
be considered de minimis.
(c) For purposes of determining if single-use packaging or priority single-use products are compostable, the director shall consider, at a minimum, all of the following criteria:
(1) Whether the single-use packaging or priority single-use product will, in a safe and timely manner, break down or otherwise become part of usable compost that and can be composted in a public or private compost facility designed for and capable of processing postconsumer food waste and
waste, food-soiled paper. paper, compostable single-use packaging, and compostable priority single-use products.
(2) Whether the single-use packaging or priority single-use product made from plastic is certified to meet the ASTM standard specification identified in either subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 42356 and adopted in
accordance with Section 42356.1, if applicable.
(3) Whether the single-use packaging or priority single-use product is regularly collected and accepted for processing at public and private compost facilities.
(4) Whether the single-use packaging or priority single-use product is eligible to be labeled as “compostable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.
(5) The regulations adopted pursuant to Article 10.4 (commencing with Section 25214.11) of Chapter 6.5 of Division 20 of the Health and Safety Code and in Chapter 55
(commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.
(d) For purposes of determining if packaging or a priority single-use product is reusable, reusable or single use, the department shall consider, at a minimum, both of the following criteria:
(1) Whether the packaging or priority single-use
product is conventionally disposed of after a single use.
(2) Whether the packaging or priority single-use product is sufficiently durable, washable, and intended for multiple refills of the original product to allow for multiple uses.
(e) (1) In implementing this section, the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the reuse industry, the compost industry, and packaging and single-use product and packaging manufacturers
manufacturers, and other interested stakeholders to determine if a type of packaging or priority single-use product is recyclable, reusable, or compostable.
(2) Local governments, solid waste facilities, recycling facilities, and composting facilities may provide information requested by the department pursuant to paragraph (1) to the department.
42054.
(a) Single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into California the state by a producer shall meet the following recycling rates:(1) On and after January 1, 2026, 2028, not less than 30 percent for single-use packaging and priority single-use
products manufactured on or after January 1, 2026. 2028.
(2) On and after January 1, 2028, 2030, not less than 40 percent for single-use packaging and priority single-use products manufactured on or after January 1, 2028. 2030.
(3) On and after January 1, 2030,
2032, not less than 75 percent for
single-use packaging and priority single-use products manufactured on or after January 1, 2030. 2032.
(b)(1)Notwithstanding subdivision (a), the department may, subject to paragraph (3), impose a higher or lower recycling rate for single-use packaging or priority single-use products as needed to achieve the requirements established in Section 42050.
(2)
(b) (1) Commencing in 2024, the 2026 calendar year, and every two years thereafter, the department shall review, in consultation with the panel created pursuant to Section 42053, relevant data to assess whether the recycling rate required specified in subdivision (a) should be adjusted. The department shall make its determination and rationale available for public review.
(3)
(2) If the department determines pursuant to a review under paragraph (2) (1) that current unforeseen and anomalous market conditions, including, but not limited to, recycling infrastructure conditions, warrant an adjustment to the recycling rates required in subdivision (a), the department may impose a higher or lower recycling rate
for packaging or product categories subject to
both of the following conditions:
(A) The recycling rate specified in subdivision (a) shall not be adjusted by more than 10 percent of what is required in subdivision (a). percent.
(B) The adjusted recycling rate shall be in effect for no more than two years.
(c) (1) Before adopting the implementation plan or regulations,
regulations pursuant to Section 42050, the department shall establish and post on its internet website a list of packaging and product categories of single-use packaging and priority single-use products.
(2) The department may consider material types and form forms referenced in waste characterization studies for determining the packaging and product categories.
(d) (1) The department shall calculate and publish on its internet website the current
recycling rates being achieved in the state for each packaging and product category no later than January 1, 2025. These recycling rates shall be deemed to meet the description in subdivision (g) of Section 11340.9 of the Government Code and may be filed by the department pursuant to Section 11343.8 of the Government Code.
(2) In determining a recycling rate, the department may consider data gathered pursuant to any of the following:
(A) Chapter 746 of the Statutes of 2015.
(B) Chapter 6 (commencing with Section 42370).
(C) Chapter 395 of the Statutes of 2016.
(D) Chapter 5.5 (commencing with Section 42300).
(E) Division 12.1 (commencing with Section 14500).
(F) Data voluntarily provided by local jurisdictions.
(G) Data and information received from producers.
(H) Any other relevant data and information received by the department.
(3) The department shall determine and post on its internet website whether each
packaging and product category recycling rate complies with the recycling rates required pursuant to this section.
(4) For purposes of determining the recycling rate, the department shall include single-use packaging and priority single-use products that are recycled or composted.
(5) A producer may demonstrate compliance with subdivision (a) or (b) by submitting to the department evidence that the particular type of single-use packaging or priority single-use product meets the applicable recycling rate threshold established in subdivision (a) or (b) by reference to a recycling rate on the department’s list or through another mechanism approved by the department.
(6) The department shall
update the list at least every two years and shall regularly, but no less than once every two years, evaluate the list of recycling rates to determine whether the recycling rates
are still accurate. After evaluation, the department may amend the list to remove, add, or change recycling rates. The department shall post any updates to the list on its internet website.
(7) A producer that seeks to have a recycling rate included or changed on the list, or a packaging or product category added to the list, may be required by the department to submit data for purposes of the department’s determination of the recycling rate to include on the list.
(8) Development of, publication of, and updates made to the list pursuant to this subdivision are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.