text:
For purposes of this chapter, the following definitions apply:

(a) (1) “Carryout bag” means a bag of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag.

(2) A carryout bag does not include any of the following:

(A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code to a customer purchasing a prescription medication.

(B) A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or a compostable plastic bag.

(C) A precheckout bag, as defined in subdivision (b) of Section 42281.2.

(D) A nonhandled bag that is designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services.

(b) “Department” means the Department of Resources Recycling and Recovery.

(c) “Point of sale” means a place where purchased goods may be transferred to a customer, including, but not limited to, a checkout counter, self-checkout kiosk, in-store pickup, curbside delivery, and home delivery.

(d) “Postconsumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

(e) “Recycled paper bag” means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the following requirements:

(1) Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state.

(2) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the percentage of postconsumer content.

(3) (A) Contains a minimum of 50 percent postconsumer recycled materials.

(B) The requirement in subparagraph (A) applies on and after January 1, 2028.

(f) “Store” means a retail establishment that meets any of the following requirements:

(1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.

(2) Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.

(3) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

(4) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

(5) If not otherwise subject to paragraph (1), (2), (3), or (4), if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this chapter, irrevocably notifies the department of its intent to comply with the requirements imposed upon a store pursuant to this chapter, and complies with the requirements established pursuant to Section 42284.

(g) This section shall become operative on January 1, 2026.

history: (History: Repealed (in Sec. 3) and added by Stats. 2024, Ch. 453, Sec. 4. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)

article: 1.5. Definitions

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 1.5. Definitions


kind: section

code: PRC

text:
(a) On and after January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the following:

(1) A compostable bag that meets all of the following criteria:

(A) Complies with the standards described in Section 42357.5.

(B) Is eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Section 42357.

(C) Has a minimum 15-inch mouth width.

(2) A recycled paper bag.

(b) For purposes of this section, a “precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store.

history: (History: Added by Stats. 2022, Ch. 991, Sec. 1. (SB 1046) Effective January 1, 2023.)

division: 30. WASTE MANAGEMENT

chapter: 5.3. Single-Use Carryout Bags

article: 2. Reusable Grocery Bags

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 2. Reusable Grocery Bags


text:
(a) Except as provided in subdivisions (b) and (c), a store shall not provide, distribute, or sell a carryout bag at the point of sale.

(b) (1) A store may make available for purchase at the point of sale a recycled paper bag but shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag.

(2) Notwithstanding any other law, a store that makes recycled paper bags available for purchase at the point of sale shall provide a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by the California Special Supplemental Nutrition Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code.

(c) A store may provide at the point of sale a carryout bag that meets the requirements of subparagraph (A), (B), or (D) of paragraph (2) of subdivision (a) of Section 42280.

(d) A store shall not require a customer to use, purchase, or accept a recycled paper bag or a compostable bag as a condition of sale of any product.

(e) This section shall become operative on January 1, 2026.

history: (History: Amended (as added by Stats. 2024, Ch. 453, Sec. 10) by Stats. 2025, Ch. 67, Sec. 168. (AB 1170) Effective January 1, 2026.)

article: 3. Single-Use Carryout Bags

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 3. Single-Use Carryout Bags


text:
(a) A store, as defined in paragraph (5) of subdivision (f) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraphs (1) to (4), inclusive, of subdivision (f) of Section 42280.

(b) This section shall become operative on January 1, 2026.

history: (History: Repealed (in Sec. 11) and added by Stats. 2024, Ch. 453, Sec. 12. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)

article: 3. Single-Use Carryout Bags


text:
All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:

(a) Costs associated with complying with the requirements of this article.

(b) Actual costs of providing recycled paper bags or reusable grocery bags.

(c) Costs associated with a store’s educational materials or educational campaign encouraging the use of reusable grocery bags.

history: (History: Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election.)

article: 3. Single-Use Carryout Bags


text:
(a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of carryout bags.

(b) Pursuant to the provisions of paragraph (5) of subdivision (f) of Section 42280, any retail establishment that is not a “store,” that provides the department with the irrevocable written notice as specified in subdivision (c), shall be regulated as a “store” for the purposes of this chapter.

(c) The irrevocable written notice shall be dated and signed by an authorized representative of the retail establishment, and shall include the name and physical address of all retail locations covered by the notice. The department shall acknowledge receipt of the notice in writing and shall specify the date the retail establishment will be regulated as a “store,” which shall not be less than 30 days after the date of the department’s acknowledgment. The department shall post on its internet website, organized by county, the name and physical location or locations of each retail establishment that has elected to be regulated as a “store.”

(d) This section shall become operative on January 1, 2026.

history: (History: Repealed (in Sec. 14) and added by Stats. 2024, Ch. 453, Sec. 15. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)

article: 3. Single-Use Carryout Bags


text:
(a) A city, a county, a city and county, or the state may impose civil liability on a person or entity that knowingly violated this chapter, or reasonably should have known that it violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations.

(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.

article: 4. Enforcement

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 4. Enforcement


text:
(a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this chapter, provided by a store, as defined in this chapter.

(b) On and after January 1, 2015, a city, county, or other local public agency shall not enforce, or otherwise implement, an ordinance, resolution, regulation, or rule, or any amendment thereto, adopted on or after September 1, 2014, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, against a store, as defined in this chapter, unless expressly authorized by this chapter.

(c) (1) A city, county, or other local public agency that has adopted, before September 1, 2014, an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags may continue to enforce and implement that ordinance, resolution, regulation, or rule that was in effect before that date. Any amendments to that ordinance, resolution, regulation, or rule on or after January 1, 2015, shall be subject to subdivision (b), except the city, county, or other local public agency may adopt or amend an ordinance, resolution, regulation, or rule to increase the amount that a store shall charge with regard to a recycled paper bag, compostable bag, or reusable grocery bag to no less than the amount specified in Section 42283.

(2) A city, county, or other local public agency not covered by paragraph (1) that, before September 1, 2014, has passed a first reading of an ordinance or resolution expressing the intent to restrict single-use carryout bags and, before January 1, 2015, adopts an ordinance to restrict single-use carryout bags, may continue to enforce and implement the ordinance that was in effect before January 1, 2015.

article: 5. Preemption

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 5. Preemption


text:
(a) Notwithstanding Section 42023.2, the sum of two million dollars ($2,000,000) is hereby appropriated from the Recycling Market Development Revolving Loan Subaccount in the Integrated Waste Management Account to the department for the purposes of providing loans for the creation and retention of jobs and economic activity in this state for the manufacture and recycling of plastic reusable grocery bags that use recycled content, including postconsumer recycled material.

(b) The department may expend, if there are applicants eligible for funding from the Recycling Market Development Revolving Loan Subaccount, the funds appropriated pursuant to this section to provide loans for both of the following:

(1) Development and conversion of machinery and facilities for the manufacture of single-use plastic bags into machinery and facilities for the manufacturer of durable reusable grocery bags that, at a minimum, meet the requirements of Section 42281.

(2) Development of equipment for the manufacture of reusable grocery bags, that, at a minimum, meet the requirements of Section 42281.

(c) A recipient of a loan authorized by this section shall agree, as a condition of receiving the loan, to retain and retrain existing employees for the manufacturing of reusable grocery bags that, at a minimum, meet the requirements of Section 42281.

(d) Any moneys appropriated pursuant to this section not expended by the end of the 2015–16 fiscal year shall revert to the Recycling Market Development Revolving Loan Subaccount for expenditure pursuant to Article 3 (commencing with Section 42010) of Chapter 1.

(e) Applicants for funding under this section may also apply for funding or benefits from other economic development programs for which they may be eligible, including, but not limited to, both of the following:

(1) An income tax credit, as described in Sections 17059.2 and 23689 of the Revenue and Taxation Code.

(2) A tax exemption pursuant to Section 6377.1 of the Revenue and Taxation Code.

history: (History: Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date for subdivisions (b) through (e) postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election. Note: Subdivision (a) was not subject to the referendum and took effect on January 1, 2015.)

article: 6. Financial Provisions

path: 30. WASTE MANAGEMENT > 5.3. Single-Use Carryout Bags > 6. Financial Provisions


text:
For purposes of this chapter, the following terms have the following meaning:

(a) “Manufacturer” means a person who manufactures plastic trash bags for sale in this state.

(b) (1) “Plastic trash bag” means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags.

(2) A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food.

(3) A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes:

(A) “Hazardous waste,” as defined in Section 25117 of the Health and Safety Code.

(B) “Medical waste,” as defined in Section 117690 of the Health and Safety Code.

(c) “Postconsumer material” means a finished product that would normally be disposed of as solid waste, having completed its intended end-use and product life cycle. “Postconsumer material” does not include manufacturing and fabrication scrap.

(d) “Regulated bag” means a plastic trash bag of 0.70 mil or greater thickness that is intended for sale in the state.

(e) “Wholesaler” means any person who purchases plastic trash bags from a manufacturer for resale in this state.

history: (History: Amended by Stats. 1998, Ch. 44, Sec. 1. Effective May 22, 1998.)

chapter: 5.4. Plastic Trash Bags

path: 30. WASTE MANAGEMENT > 5.4. Plastic Trash Bags


text: To encourage waste diversion of polyethylene from California landfills as well as to encourage California’s postconsumer market development, it is the intent of the Legislature that any certification of postconsumer materials used for compliance with this chapter not be the same materials that are certified or used for compliance with any other state requirement or with any federal requirement that requires the use or reporting of postconsumer materials for plastic products.

history: (History: Added by Stats. 1998, Ch. 44, Sec. 2. Effective May 22, 1998.)


text:
(a) Until January 1, 1998, every manufacturer that manufactures plastic trash bags of 0.75 mil or greater thickness for sale in this state shall ensure that at least 30 percent of the material used in those plastic trash bags is recycled plastic postconsumer material.

(b) (1) On and after January 1, 1998, the manufacturer’s required use of recycled plastic postconsumer material shall be determined pursuant to paragraph (2). Compliance by a manufacturer with either alternative shall be deemed to be compliance with this subdivision.

(2) Every manufacturer of regulated bags shall do one of the following:

(A) Ensure that its plastic trash bags intended for sale in this state contain a quantity of recycled plastic postconsumer material equal to at least 10 percent of the weight of the regulated bags.

(B) Ensure that at least 30 percent of the weight of the material used in all of its plastic products intended for sale in this state is recycled plastic postconsumer material.

(3) Beginning March 1, 1999, and annually thereafter, every manufacturer subject to this subdivision shall certify to the board that it has used the required amount of recycled plastic postconsumer material annually in compliance with paragraph (2).

(c) Any certification of postconsumer materials used for compliance with this chapter shall not include any materials that are certified or used for compliance with any other state or federal requirement that requires the use or reporting of postconsumer materials for any plastic products.

(d) If any manufacturer subject to this section is unable to obtain sufficient amounts of recycled plastic postconsumer material to comply with this section within a reporting period because of unavailability or because the available material did not meet recycled plastic postconsumer material quality standards adopted by the board, the manufacturer shall certify that fact to the board. Each manufacturer making that certification shall make a reasonable effort to identify available supplies of material before submitting certification to the board.

(e) The Legislature hereby finds and declares that although the changes made to this section by the act amending this section during the 1998 portion of the 1997–98 Regular Session become effective after January 1, 1998, it is the intent of the Legislature that the new requirements specified in subdivision (b) be effective as of January 1, 1998. The Legislature further finds that this change is requested by the manufacturers subject to this section and that the retroactive effect of these changes will not cause any hardship on any manufacturer subject to this section, or cause any manufacturer to be subject to regulatory action as a result of these changes, but rather, would instead have the effect of preventing hardship to the manufacturers regulated by this section.

history: (History: Amended by Stats. 1998, Ch. 44, Sec. 3. Effective May 22, 1998.)


text: For each pound of recycled plastic postconsumer material purchased from a source of recycled plastic postconsumer material in this state for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, the board shall credit the manufacturer certifying pursuant to Section 42293 with having used 1.2 pounds of recycled plastic postconsumer material toward compliance with the requirements of Section 42291.

history: (History: Amended by Stats. 2001, Ch. 406, Sec. 1. Effective January 1, 2002.)


text: Each manufacturer shall obtain from its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, a statement identifying the quantity, source location, and proximate prior usage of, and the actual postconsumer material content of, each shipment of recycled plastic postconsumer material purchased by the manufacturer, and any other information that the board, may, by regulation, require the manufacturer to obtain from its suppliers, for purposes of inclusion in the annual report required by Section 42293.

history: (History: Amended by Stats. 1998, Ch. 44, Sec. 5. Effective May 22, 1998.)


text:
(a) On or before March 1, 1999, and annually thereafter, each manufacturer subject to this chapter shall submit a report to the board certifying that it has complied with Section 42291 during the preceding calendar year, certifying the name and physical location of each of its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, and containing the information obtained pursuant to Section 42292 and any other information that the board may require by regulation. Any manufacturer that processes its own recycled plastic postconsumer material shall certify to the board that it is the supplier of the material.

(b) On or before October 1, 2001, the board shall survey manufacturers subject to this section and, notwithstanding Section 7550.5 of the Government Code, report back to the Legislature. The survey shall do all of the following:

(1) Identify the name and physical location of suppliers certified by manufacturers pursuant to subdivision (a).

(2) Identify the quantity of recycled plastic postconsumer material provided by suppliers within the state and the quantity of the material provided by suppliers outside the state.

(3) Provide recommendations regarding recycled plastic postconsumer material content requirements based on the availability of that material.

(4) Identify gauge thickness of all regulated bags.

(5) Determine national production versus production of a separate line for California.

history: (History: Amended by Stats. 1998, Ch. 44, Sec. 6. Effective May 22, 1998.)


text:
(a) Every wholesaler of plastic trash bags of 1.0 mil or greater thickness sold in this state shall certify to the board the name and physical location of each manufacturer from whom it purchased plastic trash bags for purposes of inclusion in the annual report required by subdivision (c).

(b) On and after January 1, 1995, every wholesaler of trash bags of 0.75 mil or greater thickness sold in this state shall certify to the board the name and physical location of each manufacturer from whom it purchased plastic trash bags for purposes of inclusion in the annual report required by subdivision (c).

(c) On or before March 1, 1994, and annually thereafter, each wholesaler shall submit a report to the board containing the certification required by this section for the preceding calendar year, together with any other information that the board may require by regulation.

history: (History: Added by Stats. 1993, Ch. 1076, Sec. 2. Effective January 1, 1994.)


text: Each supplier, manufacturer, and wholesaler required to provide a certification or any information pursuant to this chapter shall be subject to audit by the board.


text:
(a) If any supplier provides a manufacturer with false or misleading information, the board, within 30 days of determining that fact, shall refer the false or misleading information to the Attorney General for prosecution for fraud.

(b) If any manufacturer or wholesaler provides the board with a false or misleading certification or other information, the board, within 30 days of determining that fact, shall refer the false or misleading certification or information to the Attorney General for prosecution for fraud.


text:
(a) The board may adopt such regulations as it determines are necessary to more specifically define terms for purposes of the chapter and to otherwise implement this chapter.

(b) Annually on or before July 1, the board shall publish a list of any suppliers, manufacturers, or wholesalers who have failed to comply with this chapter.

(c) (1) Any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors, who fails to comply with this chapter, shall be ineligible for the award of any state contract or subcontract, or for the renewal, extension, or modification of an existing contract or subcontract, until the board determines that it is in compliance with this chapter.

(2) No state agency shall solicit offers from, award contracts to, or renew, extend, or modify a current contract or subcontract with, any supplier, manufacturer, or wholesaler, or any of its divisions, subsidiaries, or successors, who fails to comply with this chapter until the board determines that it is in compliance with this chapter.

history: (History: Amended by Stats. 1998, Ch. 44, Sec. 7. Effective May 22, 1998.)


text: A plastic bag that is labeled with a term specified in subdivision (a) of Section 42357 and that meets the current ASTM standard specified for that term, as defined in Section 42356, is exempt from the requirements of this chapter.

history: (History: Added by Stats. 2007, Ch. 143, Sec. 1. Effective January 1, 2008.)


text:
The Legislature finds and declares all of the following:

(a) Recycling rigid plastic packaging containers saves landfill space, reduces energy consumption, and preserves natural resources.

(b) The California Integrated Waste Management Act of 1989 requires cities and counties to reduce the amount of waste disposed in landfills by 50 percent by the end of the decade through source reduction, recycling, and composting.

(c) Rigid plastic packaging containers represent a significant component of the solid waste generated in the state.

(d) In order for recycling in the state to be successful, it is critical that stable, in-state markets be developed for material separately collected from the waste stream and processed for recycling.

(e) As of the effective date of this chapter, curbside collection of recyclables is available to nearly 20 percent of the state’s residents. In order to expand the variety of materials collected in these programs, including all rigid plastic packaging containers, it is essential that stable markets exist for the plastic materials collected.

(f) The state has required several types of products to use increasing levels of postconsumer recycled material in their manufacture, including newsprint, glass containers, and plastic trash bags.

(g) Some of the nation’s largest consumer product manufacturers have announced plans to require, or are currently requiring, their plastic packaging suppliers to provide them with containers comprised of increasing levels of postconsumer recycled materials, demonstrating that the technology is already available to use recycled material to make new plastic packaging containers. However, many businesses continue to purchase packaging materials made from 100 percent virgin plastic and to sell them in the state.

(h) The food and consumer products industries are manufacturing safe products and packaging using plastic materials, some of which use less raw material than other packaging materials through source reduction and the reuse and recycling of used plastic materials.

(i) The Legislature recognizes that the need to reduce the amount of solid waste generated by food products must be balanced with the need to package those products so that they are resistant to tampering, damage, and spoilage.

(j) It is, therefore, the intent of the Legislature to spur markets for plastic materials collected for recycling by requiring manufacturers to utilize increasing amounts of postconsumer recycled material in their rigid plastic packaging containers only if the use of that material does not present an unreasonable risk to the public health and safety, and to achieve high recycling rates for these rigid plastic packaging containers.

history: (History: Amended by Stats. 1993, Ch. 1076, Sec. 3. Effective January 1, 1994.)

chapter: 5.5. Plastic Packaging Containers

article: 1. Legislative Findings and Definitions

path: 30. WASTE MANAGEMENT > 5.5. Plastic Packaging Containers > 1. Legislative Findings and Definitions


text:
For purposes of this chapter, the following definitions apply:

(a) “Container manufacturer” means a company or a successor company that sells any rigid plastic packaging container subject to this chapter to a manufacturer that sells or offers for sale in this state any product packaged in that container.

(b) “Curbside collection program” means a recycling program that collects materials set out by households for collection at the curb at intervals not less than every two weeks. “Curbside collection program” does not include redemption centers, buyback locations, drop-off programs, material recovery facilities, or plastic recovery facilities.

(c) “Refillable package” means a rigid plastic packaging container that the board determines is routinely returned to and refilled by the product manufacturer at least five times with the original product contained by the package.

(d) “Reusable package” means a rigid plastic packaging container that the board determines is routinely reused by consumers at least five times to store the original product contained by the package.

(e) “Manufacturer” means the producer or generator of a product that is sold or offered for sale in the state and that is stored inside of a rigid plastic packaging container.

(f) “Rigid plastic packaging container” means any plastic package having a relatively inflexible finite shape or form, with a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products, including, but not limited to, bottles, cartons, and other receptacles, for sale or distribution in the state.

(g) “Postconsumer material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product lifecycle. Postconsumer material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

(h) “Recycled” means a product or material that has been reused in the production of another product and has been diverted from disposal in a landfill.

(i) “Recycling rate” means the proportion, as measured by weight, volume, or number, of a rigid plastic packaging container sold or offered for sale in the state that is being recycled in a given calendar year, that is one of the following:

(1) A particular type of rigid plastic packaging container, such as a milk jug, soft drink container, or detergent bottle.

(2) A product-associated rigid plastic packaging container.

(3) A single resin type, as specified in Section 18015, of rigid plastic packaging container, notwithstanding the exemption of that container from this chapter pursuant to subdivision (b), (c), or (d) of Section 42340.

(j) (1) “Source reduced container” means either of the following:

(A) A rigid plastic packaging container for which the manufacturer seeks compliance as of January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with the packaging used for that product by the manufacturer from January 1, 1990, to December 31, 1994.

(B) A rigid plastic container for which the manufacturer seeks compliance after January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with one of the following:

(i) The packaging used for the product by the manufacturer on January 1, 1995.

(ii) The packaging used for that product by the manufacturer over the course of the first full year of commerce in this state.

(iii) The packaging used in commerce that same year for similar products whose containers have not been considered source reduced.

(2) A rigid plastic packaging container is not a source reduced container for the purposes of this chapter if the packaging reduction was achieved by any of the following:

(A) Substituting a different material type for a material that previously constituted the principal material of the container.

(B) Increasing a container’s weight per unit or use of product after January 1, 1991.

(C) Packaging changes that adversely affect the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material.

(k) “Product-associated rigid plastic packaging container” means a brand-specific, rigid plastic packaging line that may have one or more sizes, shapes, or designs and that is used in conjunction with a particular generic product line.

(l) “PETE” means polyethylene terephthalate as specified in subdivision (a) of Section 18015.

(m) “HDPE” means high-density polyethylene.

history: (History: Amended by Stats. 2005, Ch. 666, Sec. 1. Effective January 1, 2006.)

article: 1. Legislative Findings and Definitions


text:
Except as otherwise provided in this chapter, every rigid plastic packaging container sold or offered for sale in this state shall, on average, meet one of the following criteria:

(a) Be made from 25 percent postconsumer material.

(b) Have a recycling rate of 45 percent if it is a product-associated rigid plastic packaging container or a single resin type of rigid plastic packaging container, as demonstrated to the board by the product maker, container manufacturer, or other entity. The board may take appropriate action to verify the demonstration, but the board is not required to expend state funds to conduct a survey or calculate the rate.

(c) Be a reusable package or a refillable package.

(d) Be a source reduced container.

(e) Is a container containing floral preservative that is subsequently reused by the floral industry for at least two years.

history: (History: Amended by Stats. 2005, Ch. 666, Sec. 2. Effective January 1, 2006.)

article: 2. Manufacturing

path: 30. WASTE MANAGEMENT > 5.5. Plastic Packaging Containers > 2. Manufacturing


text:
(a) Until January 1, 1997, the criteria specified in Section 42310 shall not apply to any rigid plastic packaging container that is manufactured for use with food or cosmetics, as defined in subdivisions (f) and (i) of Section 321 of Title 21 of the United States Code.

(b) Notwithstanding subdivision (a), rigid plastic packaging containers actually recycled shall be included in calculating the recycling rate pursuant to subdivision (b) or (c) of Section 42310.

(c) Every manufacturer of a product packaged in a rigid plastic packaging container described in subdivision (a), which is not in compliance with Section 42310, that is exempt from the criteria specified in Section 42310 pursuant to subdivision (a), shall do both of the following:

(1) On or before December 1, 1995, the manufacturer shall submit a report to the board which demonstrates that the manufacturer is taking, and will continue to take, all feasible actions consistent with Section 42310 to ensure the reduction, recycling, or reuse of the rigid plastic packaging containers described in subdivision (a) and the development and expansion of markets for rigid plastic packaging containers. Those actions may include, but are not limited to, all of the following:

(A) The use of postconsumer recycled plastic in rigid plastic packaging containers sold in this state.

(B) The use of postconsumer recycled plastic in other packaging materials sold or manufactured in this state.

(C) The use of postconsumer recycled plastic in other products sold or manufactured in this state.

(D) Arranging for the use of postconsumer recycled plastic collected for recycling in this state in the manufacture of nonrigid plastic packaging container products or packaging of another entity.

(E) The procurement of products containing postconsumer recycled plastic, including, but not limited to, trash bags, trash containers, pallets, carpeting, slip sheets, and shrink wrap.

(F) The demonstration of financial investment in recycled plastic collecting, processing, and remanufacturing activities in the state.

(2) On or before January 1, 1996, every manufacturer of rigid plastic packaging containers shall, for any rigid plastic packaging container that is exempt from, and not in compliance with, the criteria specified in Section 42310 pursuant to subdivision (a), diligently seek one or more “nonobjection letters” from the United States Food and Drug Administration which will permit the manufacturer of rigid plastic packaging containers to use recycled plastic in the manufacture of the rigid plastic packaging containers described in subdivision (a).

history: (History: Amended by Stats. 1994, Ch. 1227, Sec. 23. Effective January 1, 1995.)

article: 2. Manufacturing


text:
(a) On or before July 1, 1994, as part of the regulations required to be adopted pursuant to Section 42325, the board shall adopt regulations to carry out the requirements of paragraph (1) of subdivision (c) of Section 42310.1. In adopting regulations pursuant to this section, the board shall make every effort to limit paperwork and information to only those matters that are needed for the board to determine if manufacturers are taking all feasible actions to ensure the reduction, recycling, or reuse of the rigid plastic packaging containers described in subdivision (a) of Section 42310.1, and the development and expansion of markets for rigid plastic packaging containers.

(b) On or before February 1, 1996, the board shall review, and approve or disapprove, the reports required pursuant to paragraph (1) of subdivision (c) of Section 42310.1. If a report is not submitted pursuant to a schedule established by the board, or, if, based upon the report, the board determines that a manufacturer has not taken all feasible actions to ensure the reduction, recycling, or reuse of the containers and the development and expansion of markets for rigid plastic packaging containers, the board may take one of the following actions, as selected by the manufacturer:

(1) Require the manufacturer to take additional actions, including, but not limited to, one or more of the measures described in paragraph (1) of subdivision (c) of Section 42310.1, to ensure that the manufacturer is taking, and will continue to take, all feasible actions to ensure the reduction, recycling, or reuse of the containers and the development and expansion of markets for rigid plastic packaging containers.

(2) Impose a civil penalty of up to one hundred thousand dollars ($100,000) pursuant to Section 42322. In imposing monetary penalties pursuant to this paragraph, the board shall take into consideration all of the following factors:

(A) The size and net worth of the manufacturer.

(B) The impact of the violation on the overall objectives of this chapter.

(C) The severity of the violation. A penalty imposed pursuant to this paragraph shall not be required to be paid by a manufacturer before January 1, 1997.

(c) If the board determines that the conditions in paragraphs (1) and (2) are met, the board shall enter into a contract, or other legally binding agreement, with one or more trade associations representing manufacturers of resin, manufacturers of rigid plastic packaging containers, or manufacturers of products packaged in rigid plastic packaging containers subject to this section and Section 42310.1. The agreement shall allow the trade association, in lieu of those individual manufacturers in the trade association who elect to be a party to the contract or agreement, to submit the report required pursuant to paragraph (1) of subdivision (c) of Section 42310.1 and to implement the actions identified in the report. The board shall enter into the agreement only if both of the following conditions exist:

(1) The agreement ensures that the report will contain sufficient information that otherwise would be required to be submitted by individual manufacturers pursuant to Section 42310.1, and any other information that is necessary and directly related to the board’s ability to comply with this section.

(2) The agreement ensures that each manufacturer that elects to be a party to the agreement and that is a member of the trade association that submits the report shall be liable for the full amount of any civil penalties that may be imposed or shall comply with any requirement imposed by the board pursuant to paragraph (1) of subdivision (b), as selected by the manufacturer. A manufacturer subject to this paragraph shall not be liable for a civil penalty greater than one hundred thousand dollars ($100,000), regardless of the number of trade associations of which the manufacturer is a member.

(d) Notwithstanding any other provision of this section, a trade association representing resin manufacturers shall be responsible for submitting an additional report as provided pursuant to paragraph (1) of subdivision (c) of Section 42310.1. The resin manufacturer’s trade association is subject to the review, penalties, and sanctions specified in paragraphs (1) and (2) of subdivision (b). No member of the resin manufacturer’s trade association is liable for penalties and sanctions set forth in paragraph (1) or (2) of subdivision (b) pursuant to this subdivision if that member would not otherwise be subject to those penalties and sanctions.

(e) For the purposes of subdivision (b) and paragraph (1) of subdivision (c) of Section 42310.1, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(f) For purposes of Section 42310.1 and this section regarding all reporting, compliance, and penalty obligations, “manufacturer” includes all subsidiaries and affiliates.

history: (History: Amended by Stats. 2004, Ch. 561, Sec. 3. Effective January 1, 2005.)

article: 2. Manufacturing


text:
(a) Notwithstanding Section 42310, a manufacturer is in compliance with this chapter if the manufacturer demonstrates through its own actions, or the actions of another company under the same corporate ownership, that one of the following actions were taken during the same period for which the manufacturer is subject to this chapter, with regard to a rigid plastic packaging container that stores the manufacturer’s product that is sold or intended for sale in this state:

(1) The manufacturer, or another company under the same corporate ownership, consumed postconsumer material generated in the state in the manufacture of a rigid plastic packaging container subject to Section 42310, or a rigid plastic packaging container or other plastic products or plastic packaging not subject to that section, and that is equivalent to, or exceeds the postconsumer material that the rigid plastic packaging container is otherwise required to contain, as specified in subdivision (a) of Section 42310.

(2) The manufacturer, or any company under the same corporate ownership, arranged by contractual agreement for the purchase and consumption of postconsumer material generated in the state and exported to another state for the manufacture of a rigid plastic packaging container subject to Section 42310, or a rigid plastic packaging container or other plastic products or plastic packaging not subject to that section that is equivalent to, or exceeds the postconsumer material that the rigid plastic packaging container is otherwise required to contain, as specified in subdivision (a) of Section 42310.

(b) The board shall determine the manner of demonstrating compliance with this section.

history: (History: Amended by Stats. 2007, Ch. 130, Sec. 215. Effective January 1, 2008.)

article: 2. Manufacturing


text: Any entity required to make a certification pursuant to this chapter may be audited by the board.

history: (History: Added by Stats. 1991, Ch. 769, Sec. 1.)

article: 3. Penalties, Regulations, and Report

path: 30. WASTE MANAGEMENT > 5.5. Plastic Packaging Containers > 3. Penalties, Regulations, and Report


text: If any entity provides the board with a false or misleading certificate pursuant to this chapter, the board, within 30 days of making this determination, shall refer the provider of the false or misleading certificate to the Attorney General for prosecution for fraud.

article: 3. Penalties, Regulations, and Report


text:
(a) A container manufacturer who sells a rigid plastic packaging container to a manufacturer and who submits a certification to the manufacturer, for purposes of this chapter, shall not provide any false or misleading information. A container manufacturer who submits to a manufacturer a certification with false or misleading information is subject to the same penalties and fines that are imposed upon a manufacturer that does not comply with Sections 42321 and 42322.

(b) Notwithstanding Sections 42321 and 42322, a manufacturer is not subject to any fine or penalty for not complying with this chapter as a result of the submittal of false or misleading information by a container manufacturer to the manufacturer with regard to a container sold to that manufacturer.

history: (History: Added by Stats. 2005, Ch. 666, Sec. 4. Effective January 1, 2006.)

article: 3. Penalties, Regulations, and Report


text:
(a) Any violation of this chapter is a public offense punishable by a fine of not more than one hundred thousand dollars ($100,000).

(b) In addition to the penalty specified under subdivision (a), any violation of this chapter may be subject to a civil penalty assessed by the board of not more than fifty thousand dollars ($50,000) for each violation, pursuant to a notice and hearing procedure that conforms with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The total annual fines or penalties assessed upon a violator of this chapter shall not exceed one hundred thousand dollars ($100,000).

(d) The board shall annually publish a list by July 1 setting forth any fines or penalties that have been levied against a violator of this chapter in the preceding calendar year, for failure to comply with the requirements of this chapter.

(e) The board shall deposit all penalties or fines paid pursuant to this section into the Rigid Container Account, which is hereby created in the Integrated Waste Management Fund in the State Treasury. The moneys deposited in the Rigid Container Account shall be expended by the board, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of materials that are subject to this chapter, for the development of markets for these materials, and for the board’s costs of implementing this chapter.

history: (History: Amended by Stats. 2001, Ch. 406, Sec. 2. Effective January 1, 2002.)

article: 3. Penalties, Regulations, and Report


text: Proprietary information included in part of a report or certificate submitted to the board pursuant to this chapter shall not be made available to the general public.

article: 3. Penalties, Regulations, and Report


text:
The board shall adopt regulations to implement this chapter. These regulations shall include, but shall not be limited to, all of the following:

(a) Procedures for certifying compliance with Article 2 (commencing with Section 42310), including a requirement that product manufacturers include in their specifications for rigid plastic packaging containers a requirement that the packaging manufacturer certify that the rigid plastic packaging containers comply with this chapter.

(b) Procedures for considering and granting waivers pursuant to Article 4 (commencing with Section 42330).

history: (History: Amended by Stats. 2004, Ch. 561, Sec. 6. Effective January 1, 2005.)

article: 3. Penalties, Regulations, and Report


text: In developing the regulations required by Section 42325, the board shall consult with representatives of the manufacturers affected by this chapter, with representatives of environmental organizations, and other interested parties.

history: (History: Amended by Stats. 2004, Ch. 561, Sec. 7. Effective January 1, 2005.)

article: 3. Penalties, Regulations, and Report


text: The board may expend funds from the Integrated Waste Management Account to implement this chapter, upon appropriation by the Legislature.

article: 3. Penalties, Regulations, and Report


text:
(a) The board shall grant a waiver from the postconsumer material content requirement of subdivision (a) of Section 42310, but not from any other requirement of Section 42310, if the board finds one or more of the following:

(1) The rigid plastic packaging containers cannot meet the postconsumer material requirements of subdivision (a) of Section 42310 and remain in compliance with applicable provisions of regulations adopted by the Food and Drug Administration or other state or federal laws or regulations.

(2) It is technologically infeasible to use rigid plastic packaging containers that achieve the postconsumer material requirement of subdivision (a) of Section 42310.

(b) The board shall grant a waiver from all of the requirements of Section 42310 if the board finds either of the following:

(1) Less than 60 percent of the single-family homes in the state on and after January 1, 1994, have curbside collection programs that include beverage container recycling.

(2) At least 50 percent, by number, of a manufacturer’s rigid plastic packaging containers sold or offered for sale in the state in the current calendar year achieve the postconsumer material requirements of subdivision (a) of Section 42310 and all of the manufacturer’s rigid plastic packaging containers will comply with the requirements of Section 42310 on or before January 1, 1996.

(c) The board shall grant a one-year waiver from all of the requirements of Section 42310 for products packaged in rigid plastic packaging containers that are introduced and sold in this state after January 1, 1995.

history: (History: Amended by Stats. 2004, Ch. 183, Sec. 302. Effective January 1, 2005.)

article: 4. Waivers

path: 30. WASTE MANAGEMENT > 5.5. Plastic Packaging Containers > 4. Waivers


text:
The following rigid plastic packaging containers are exempt from this chapter:

(a) Rigid plastic packaging containers produced in or out of the state which are destined for shipment to other destinations outside the state and which remain with the products upon that shipment.

(b) Rigid plastic packaging containers which contain drugs, medical devices, cosmetics, food, medical food, or infant formula as defined by the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

(c) Rigid plastic packaging containers which contain toxic or hazardous products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).

(d) Rigid plastic packaging containers which are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications set forth in Sections 178.509 and 178.522 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable.

history: (History: Amended by Stats. 1996, Ch. 754, Sec. 2. Effective January 1, 1997.)

article: 5. Exemptions

path: 30. WASTE MANAGEMENT > 5.5. Plastic Packaging Containers > 5. Exemptions


text: Any extension of time for manufacturers to comply with Section 42310, beyond that which is granted pursuant to Section 42310.1 for the rigid plastic packaging containers described in that section, shall only be enacted by a statute passed by a two-thirds vote of both houses of the Legislature.

history: (History: Added by Stats. 1993, Ch. 1062, Sec. 7. Effective January 1, 1994.)

article: 5. Exemptions


text:
(a) For the purposes of this section, “degradable” means all of the following:

(1) Biodegradation, photodegradation, chemodegradation, or degradation by other natural degrading processes, as defined by the American Society of Testing Materials.

(2) Degradation at a rate that meets the requirements of Part 238 (commencing with Section 238.10) of Subchapter H of Chapter I of Title 40 of the Code of Federal Regulations.

(3) Degradation that, as attested by the manufacturer of the device, will not produce or result in a residue or byproduct that, during or after the process of degrading, would be a hazardous or extremely hazardous waste identified pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

(b) Except as provided in subdivision (c), no container shall be sold or offered for sale at retail in this state that is connected to any other container by means of a plastic ring or similar plastic device that is not degradable when disposed of as litter.

(c) This section does not apply to devices that do not contain an enclosed hole or circle of more than one and one-half inches in diameter or that do not contain a hole.

(d) Any person who sells at wholesale or distributes to a retailer for sale at retail in this state containers that are connected to each other in violation of subdivision (b) is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).

history: (History: Amended by Stats. 1997, Ch. 17, Sec. 122. Effective January 1, 1998.)

chapter: 5.6. Plastic Ring Devices

path: 30. WASTE MANAGEMENT > 5.6. Plastic Ring Devices


text:
The Legislature finds and declares all of the following:

(a) Littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.

(b) It is the intent of the Legislature to ensure that environmental marketing claims, including claims of biodegradation, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment if littered.

(c) A product’s ability to biodegrade is a function of both the physical and chemical makeup of the product as well as the environmental conditions to which it is subject.

(d) Use of the term “degradable,” “biodegradable,” “decomposable,” or other like terms on plastic products is inherently misleading unless the claim includes a thorough disclaimer providing necessary qualifying details, including, but not limited to, the environments and timeframes in which the claimed action will take place.

(e) Given the complex nature of biodegradation and the fact that most plastic products will travel through multiple environments from the time of manufacture to the time of final disposition, and given the intrinsic constraints of marketing claims, including the space on the plastic product, there is no reasonable ability for plastic product manufacturers to provide an adequate disclaimer qualifying the use of these and like terms without relying on an established scientific standard specification for the action claimed.

(f) Given these and other constraints, and the significant environmental harm that is caused by plastic litter, the use of these terms must be prohibited unless, or until the time as there is established, an American Society for Testing and Materials (ASTM) standard specification for the term claimed that has been approved by the Legislature.

history: (History: Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)

chapter: 5.7. Products

path: 30. WASTE MANAGEMENT > 5.7. Products


text:
(a) The Legislature finds and declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products. For consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards, including those standard specifications established by the American Society for Testing and Materials.

(b) The Legislature further finds and declares that it is the public policy of the state that claims related to the recyclability of a product or packaging be truthful in practice and accurate. Consumers deserve accurate and useful information related to how to properly handle the end of life of a product or packaging.

history: (History: Amended by Stats. 2021, Ch. 507, Sec. 4. (SB 343) Effective January 1, 2022.)


text:
(a) A person shall not offer for sale, sell, distribute, or import into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made.

(b) (1) Subject to paragraph (2), a product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, is deemed to be a deceptive or misleading claim pursuant to this section and Section 17580.5 of the Business and Professions Code unless the product or packaging is considered recyclable in the state pursuant to subdivision (d) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging.

(2) Paragraph (1) does not apply to either of the following:

(A) Any product or packaging that is manufactured up to 18 months after the date the department publishes the first material characterization study required pursuant to subparagraph (B) of paragraph (1) of subdivision (d), or before January 1, 2024, whichever is later.

(B) Any product or packaging manufactured up to 18 months after the date the department updates the material characterization study pursuant to subparagraph (B) of paragraph (1) of subdivision (d), if the product or packaging satisfied or, for a new product or packaging, would have satisfied, the requirements to be considered recyclable in the state pursuant to subdivision (d) before the publication of the updated study.

(3) Subject to paragraph (2), for a product or packaging that is not considered to be recyclable in the state pursuant to subdivision (d), all of the following apply:

(A) Displaying a chasing arrows symbol or any other statement indicating the product is recyclable directly on the product shall be deemed to be deceptive or misleading pursuant to this section and Section 17580.5 of the Business and Professions Code.

(B) If a product or packaging has multiple material types, a chasing arrows symbol or statement indicating recyclability may be displayed on the external packaging that is considered to be recyclable in the state pursuant to subdivision (d) if the chasing arrows symbol or statement makes clear in the same or greater font, font size, or symbol size which other components of the product or packaging are not recyclable.

(C) Displaying a chasing arrows symbol or any other statement indicating recyclability on packaging containing a consumable product shall, for purposes of this section, be deemed to refer only to the packaging. For purposes of this subparagraph, “consumable product” means a commodity that is intended to be used and not disposed of.

(c) For purposes of this section, the following do not constitute a deceptive or misleading claim about the recyclability of the product or packaging pursuant to this section or Section 17580.5 of the Business and Professions Code:

(1) A person using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable.

(2) A consumer good that is required by any federal or California law or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1)) and Section 25215.65 of the Health and Safety Code.

(3) Directing a consumer to compost or properly dispose of a consumer good through an organics recycling program.

(4) A resin identification code placed inside a solid equilateral triangle.

(d) (1) On or before January 1, 2024, in order to provide information to the public sufficient for evaluating whether a product or packaging is recyclable in the state according to the criteria set forth in paragraph (2) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, the department shall do both of the following:

(A) (i) Update the regulations promulgated pursuant to Section 41821.5 to include both of the following in the information to be submitted to the department pursuant to that section:

(I) How the material collected or processed by the operations and facilities was collected.

(II) What material types and forms are actively recovered, and not considered contaminants, by the operation or facility.

(ii) The department shall publish the information required pursuant to clause (i) in a form the department deems appropriate for achieving the purpose of this section consistent with the requirements of paragraph (3) of subdivision (b) of Section 41821.5.

(B) (i) To get a representative sample of recycling programs in the state, the department shall conduct and publish on its internet website a characterization study of material types and forms that are collected, sorted, sold, or transferred by solid waste facilities deemed appropriate by the department for inclusion in the study. The department’s activities pursuant to this subparagraph, including the department’s determination of the appropriate facilities to include in the study, are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(ii) The department shall update the material characterization study required pursuant to this subparagraph every five years, with the first update being issued by the department in 2027.

(iii) Notwithstanding clauses (i) and (ii), the department may publish additional information that was not available at the time of the most recent periodic material characterization study regarding the appropriate characterization of material types and forms.

(iv) For purposes of studying a representative sample of material types and forms in the state, within 90 days of a department request, a facility shall allow for periodic sampling conducted by a designated representative of the department on a mutually-agreed upon date and time. The department shall not request a periodic sampling of a facility if that facility was sampled during the previous 24 months.

(v) For each material characterization study conducted pursuant to this subparagraph, the department shall publish on its internet website the preliminary findings of the study and conduct a public meeting to present the preliminary findings and receive public comments. The public meeting shall occur at least 30 days after the department publishes the preliminary findings. After receiving and considering public comments, and within 60 days of the public meeting, the department shall finalize and publish on its internet website the findings of the study.

(2) Subject to paragraph (3), a product or packaging is considered recyclable in the state if, based on information published by the department pursuant to subparagraph (B) of paragraph (1), the product or packaging is of a material type and form that meets both of the following requirements:

(A) The material type and form is collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the state.

(B) (i) The material type and form is sorted into defined streams for recycling processes by large volume transfer or processing facilities, as defined in regulations adopted pursuant to Section 43020, that process materials and collectively serve at least 60 percent of recycling programs statewide, with the defined streams sent to and reclaimed at a reclaiming facility consistent with the requirements of the Basel Convention.

(ii) The department may adopt regulations modifying this requirement to encompass transfer or processing facilities other than large volume transfer or processing facilities, as the department deems appropriate for achieving the purposes of this section.

(3) A product or packaging shall not be considered recyclable in the state unless the product or packaging meets all of the following criteria, as applicable:

(A) For plastic packaging, the plastic packaging is designed to not include any components, inks, adhesives, or labels that prevent the recyclability of the packaging according to the APR Design® Guide published by the Association of Plastic Recyclers.

(B) For plastic products and non-plastic products and packaging, the product or packaging is designed to ensure recyclability and does not include any components, inks, adhesives, or labels that prevent the recyclability of the product or packaging.

(C) The product or packaging does not contain an intentionally added chemical identified pursuant to the regulations implementing subparagraph (4) of subdivision (g) of Section 42370.2.

(D) The product or packaging is not made from plastic or fiber that contains perfluoroalkyl or polyfluoroalkyl substances or PFAS that meets either of the following criteria:

(i) PFAS that a manufacturer has intentionally added to a product or packaging and that have a functional or technical effect in the product or packaging, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.

(ii) The presence of PFAS in a product or product component or packaging or packaging component at or above 100 parts per million, as measured in total organic flourine.

(4) Notwithstanding paragraphs (2) and (3), a product or packaging is recyclable in the state if the product or packaging has a demonstrated recycling rate of at least 75 percent, meaning that not less than 75 percent of the product or packaging sorted and aggregated in the state is reprocessed into new products or packaging.

(5) (A) Before January 1, 2030, notwithstanding paragraphs (2) and (3), a product or packaging not collected pursuant to a curbside collection program is recyclable in the state if the non-curbside collection program recovers at least 60 percent of the product or packaging in the program and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer, processing, or recycling facility to be sorted and aggregated into defined streams by material type and form.

(B) After January 1, 2030, notwithstanding paragraphs (2) and (3), a product or packaging not collected pursuant to a curbside collection program is recyclable in the state if the non-curbside collection program recovers at least 75 percent of the product or packaging in the program and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer, processing, or recycling facility to be sorted and aggregated into defined streams by material type and form.

(6) Notwithstanding paragraphs (2) and (3), a product or packaging is recyclable in the state if the product or packaging is part of, and in compliance with, a program established pursuant to state or federal law on or after January 1, 2022, governing the recyclability or disposal of that product or packaging if the director determines that the product or packaging will not increase contamination of curbside recycling or deceive consumers as to the recyclability of the product or packaging.

(7) The information published by the department pursuant to paragraph (1) shall not limit the discretion of a local agency under existing law to decide whether, and to what extent, a material type or form shall be accepted by a local recycling program.

(e) For purposes of this section, “chasing arrows symbol” has the meaning set forth in subdivision (f) of Section 17580 of the Business and Professions Code.

(f) Consistent with the waste hierarchy established pursuant to Section 40051, and pursuant to Section 40180, for purposes of this section, “recycling,” “recyclable,” and “recyclability” do not include transformation, as defined in Section 40201, EMSW conversion, or production of fuels.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 141. (SB 1380) Effective January 1, 2023.)


text:
For purposes of this chapter, the following definitions apply:

(a) “ASTM” means the ASTM International.

(b) (1) “ASTM standard specification” means either of the following:

(A) The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.

(B) The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.

(2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.

(c) “Department” means the Department of Resources Recycling and Recovery.

(d) “Director” means the Director of Resources Recycling and Recovery.

(e) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a product.

(f) “OK compost HOME certification” means certification of conformity with the existing TUV Austria certification “OK compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program “OK 2-Home Compostability of Products.”

(g) “Product” includes, but is not limited to, any of the following:

(1) (A) A consumer product.

(B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose.

(2) A package or a packaging component.

(3) A bag, sack, wrap, or other thin plastic sheet film product.

(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.

(h) “Supplier” means a person who does one or more of the following:

(1) Sells, offers for sale, or offers for promotional purposes a product.

(2) Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.

history: (History: Amended by Stats. 2021, Ch. 504, Sec. 2. (AB 1201) Effective January 1, 2022.)


text:
(a) If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the new ASTM standard specification as follows:

(1) If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may adopt the new standard.

(2) If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is not as stringent and does not protect public health, public safety, and the environment, and is not reflective of and consistent with state policies and programs, the department shall not adopt the new standard.

(b) If the ASTM, or any other entity, develops a new standard specification or other applicable standard for any of the terms prohibited under subdivision (a) of Section 42357, the department may review the new standard and, if the department determines that the new standard for the prohibited term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may make a recommendation to the Legislature.

(c) Compliance with a standard adopted pursuant to paragraph (1) of subdivision (a) shall be deemed to be in compliance with this chapter.

(d) Fiber products that are demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, are not required to comply with an ASTM standard specification pursuant to this chapter.

history: (History: Amended by Stats. 2021, Ch. 504, Sec. 3. (AB 1201) Effective January 1, 2022.)


text:
The department may adopt an existing standard different from an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356, if all the following conditions are met:

(a) The existing standard is adopted or developed by a standard-setting organization recognized by the department, including, but not limited to, the ASTM or another similar organization.

(b) The existing standard adds qualifications to an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356, including, but not limited to, “home compostable.”

(c) The department determines that the existing standard is more stringent than the ASTM standard specification in paragraph (1) of subdivision (b) of Section 42356 which that existing standard qualifies.

history: (History: Added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)


text:
(a) (1) Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4).

(2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).

(3) Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2.

(4) (A) A product shall not be labeled with the term “home compostable” unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).

(B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.

(C) If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term “home compostable” shall meet the standard adopted by the department and not the standard specified in subparagraph (A) or (B).

(b) (1) Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way implies that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment.

(2) For purposes of this subdivision, “implies” includes, but is not limited to, using green, beige, or brown tinting or color schemes on a plastic precheckout or carryout bag that is not eligible to be labeled with the terms “compostable” or “home compostable” pursuant to this section.

(c) The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers.

(d) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate.

(e) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.

(f) (1) The department may adopt the European Committee for Standardization’s standard specification EN 17033:2018 entitled “Plastics—Biodegradable mulch films for use in agriculture and horticulture—Requirements and test methods” or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.

(2) A person may sell or offer for sale commercial agricultural mulch film labeled with the term “soil biodegradable” only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.

(3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used only as a technical tool in commercial farming applications.

(g) (1) A person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless the product satisfies all of the following:

(A) If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one such standard from an approved third-party certification entity for the standard. This requirement shall only apply on and after January 1, 2024, and it shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification.

(B) On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that such bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the department’s regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply:

(i) The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).

(ii) The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.

(C) Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.

(D) Is labeled in a manner that distinguishes the product from a noncompostable product upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities.

(E) Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting, unless the product complies with the department’s regulations pursuant to subparagraph (B), to the extent the department elects to adopt such regulations.

(2) The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers.

history: (History: Amended by Stats. 2022, Ch. 991, Sec. 2. (SB 1046) Effective January 1, 2023.)


text:
(a) A manufacturer of a compostable plastic bag meeting an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 or Section 42356.1 shall ensure that the compostable plastic bag is readily and easily identifiable from other plastic bags in a manner that is consistent with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (Part 260 (commencing with Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code of Federal Regulations).

(b) For purposes of this section, “readily and easily identifiable” means labeling that meets both of the following requirements:

(1) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification if the bag has been certified as meeting that standard by a recognized third-party independent verification.

(2) Labeled in accordance with one of the following:

(A) The bag is made of a uniform color of green and labeled with the word “compostable” on one side of the bag, and the label shall be at least one inch in height.

(B) Labeled with the word “compostable” on both sides of the bag and the label shall be one of the following:

(i) Green color lettering at least one inch in height.

(ii) Within a contrasting green color band of at least one inch in height on both sides of the bag with color contrasting lettering of at least one-half inch in height.

(c) Notwithstanding paragraph (2) of subdivision (b), if the bag is smaller than 14 inches by 14 inches, the lettering and stripe shall be in proportion to the size of the bag.

(d) A compostable plastic bag sold or distributed in the state shall not display a chasing arrow resin identification code or recycling type of symbol in any form.

(e) A manufacturer is required to comply with this section only to the extent that the labeling requirements of subdivisions (b), (c), and (d) do not conflict with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (Part 260 (commencing with Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code of Federal Regulations).


text:
(a) For purposes of this section, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.

(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:

(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).

(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).

(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.

(d) This section does not limit the requirements of this chapter or any other provision of law.

history: (History: Amended by Stats. 2017, Ch. 664, Sec. 1. (AB 1294) Effective January 1, 2018.)


text:
(a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.

(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.

(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.

(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.


text: This chapter shall become operative on January 1, 2013.

history: (History: Added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Note: This section prescribes a delayed operative date (January 1, 2013) for Chapter 5.7, commencing with Section 42355, as added by Stats. 2011, Ch. 594.)


text:
The Legislature finds and declares all of the following:

(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate.

(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment.

(c) Plastic pollution is an environmental and human health hazard and a public nuisance.

(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms.

(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants.

(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate.

(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish.

(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use.

(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment.

(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms.

(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand.

history: (History: Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)

path: 30. WASTE MANAGEMENT > 5.9. Plastic Microbeads Nuisance Prevention Law


text:
As used in this chapter, the following terms have the following meanings:

(a) “Person” means an individual, business, or other entity.

(b) (1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.

(2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code.

(c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension.

chapter: 5.9. Plastic Microbeads Nuisance Prevention Law


text: On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.


text: Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight.


text:
(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction.

(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:

(A) The nature and extent of the violation.

(B) The number of, and severity of, the violations.

(C) The economic effect of the penalty on the violator.

(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.

(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.

(F) Any other factor that justice may require.

(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.

(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.


text: This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.


text: This chapter shall be known, and may be cited, as the Sustainable Packaging for the State of California Act of 2018.

history: (History: Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)

path: 30. WASTE MANAGEMENT > 6. Sustainable Packaging for the State of California Act of 2018


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Beverage container” has the same meaning as defined in Section 14505.

(b) “Food service facility” means an operation or business that is located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency and that stores, prepares, packages, serves, vends, or otherwise provides prepared food. “Food service facility” may include, but is not limited to, a cafeteria, commissary, restaurant, deli, store, shop, market, or mobile food unit.

(c) (1) “Food service packaging” means a product used for serving or transporting prepared, ready-to-consume food or beverages, including, but not limited to, plates, cups, bowls, trays, and hinged or lidded containers.

(2) “Food service packaging” does not include any of the following:

(A) Straws, cup lids, plastic bags, and utensils.

(B) Single-use disposable packaging for unprepared foods.

(C) Beverage containers.

(D) Ceramic, porcelain, glass, or nonfoil metal food service packaging that is cleaned and reused by the food service facility.

(E) Products defined as drugs, devices, or medical food pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 360ee(b)(3)) and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary for accommodating medical- or health-related needs, including packaging used for these products.

(F) Products, including, but not limited to, devices, adaptors, utensils, and containers, used at any of the following types of facilities and recommended or prescribed by a medical professional or otherwise determined by a food service facility to be reasonably necessary intended to assist the facility’s residents or other individuals receiving care at the facility in the performance of functions related to the service and consumption of food or to otherwise protect the facility’s residents’ or other individual’s health or safety, if the facility determines that the products, or their functional equivalents as determined by the facility, are not on the list developed by the department pursuant to Section 42370.3:

(i) A health facility, as defined in Section 1250 of the Health and Safety Code.

(ii) A residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.

(iii) A community care facility, as defined in subdivision (a) of Section 1502 of the Health and Safety Code.

(iv) Any other facility that provides medical treatment or other health-related services to patients under the care of a medical professional.

(d) “Prepared food” means a food or beverage prepared for consumption on or off a food service facility’s premises, using any cooking or food preparation technique. “Prepared food” does not include prepackaged, sealed food that is mass produced by a third party off the premises of the food service facility.

history: (History: Amended by Stats. 2021, Ch. 755, Sec. 5. (AB 1570) Effective January 1, 2022.)

chapter: 6. Sustainable Packaging for the State of California Act of 2018