SB 54 Regulations Public Comment Period Open Until June 3, 2025

CalRecycle has released amendments to the proposed regulations implementing California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) and published its Report to the Legislature describing the program’s broader implementation. CalRecycle is accepting public comments on the proposed changes to the regulations through tomorrow, June 3, 2025.

Background

SB 54 requires producers of covered plastic packaging materials to help manage those materials at the end of their lifecycle. Producers include manufacturers, brand owners, importers, and others in the packaging supply chain. Businesses that sell, distribute, or import packaging or plastic food service ware into California, among others, must comply and may be affected by CalRecycle’s proposed changes.

CalRecycle previously accepted public comments on its SB 54 proposed regulations during 2024 but, in March 2025, Governor Newsom directed the agency to restart the rulemaking process and address concerns raised during previous comment periods. The May 2025 amendments to the proposed regulations reflect CalRecycle’s implementation of that directive.

What’s New in CalRecycle’s Proposal?

CalRecycle is accepting public comments on numerous revisions to the proposed requirements, including the following key changes:

• Updated Producer Registration and Reporting Deadlines: Producers would be required to register with CalRecycle within 30 days of the effective date of the regulations. Producers applying to participate in an approved Producer Responsibility Organization (PRO) may have the PRO register on their behalf, but must submit certain data to the PRO at the time of application.[1]
• Provisions for Remote Sales and Returns: Items ordered through remote means (such as online or by phone) must be returnable through the same channel so that consumers need not travel to a different location to return reusable or refillable items.[2]
• Clarifications for Food Service Ware and Single-Use Items: Multiple clarifications are included for food service ware and single-use items. Among them, a new provision specifies how to determine which company is the producer of food service ware where there are multiple brands or trademarks. In addition, the definition of “food service ware” has been modified and the criteria for what constitutes “single-use” have been updated, which may affect producers of certain of these items.[3]
• Expanded and Clarified Exclusions From Covered Materials: Proposed new exclusions include refillable or reusable packaging, packaging for devices, drugs, or medical products (excluding cosmetics), and packaging required by the U.S. Department of Agriculture.[4]
• Revised Approach to Chemical Recycling Technologies: The proposed regulations remove a provision that would have excluded chemical recycling technologies from the program’s definition of “recycling” unless certain peer-reviewed study requirements were met to confirm the absence of hazardous waste. The proposed rules reframe this requirement by prohibiting a PRO from designating a non-mechanical recycling technology as a responsible end market if the facilities using that technology generate significant amounts of hazardous waste.[5]
• Updated Fee Payment Timelines and Structure: The proposed regulations allow a PRO to charge participant producers annual fees at any time after the initial plan is approved, provided the PRO has sufficient data to establish a fee schedule. Also, the deadline for charging the eco-modulated fee is extended — rather than beginning upon plan approval, the eco-modulated fee will begin two years after the PRO’s plan is approved.[6]

Next Steps

CalRecycle states that they are seeking input from all affected stakeholders — including producers, industry groups, local governments, and environmental organizations. The outcome of this process will set specific compliance obligations for businesses subject to SB 54. The reopening of CalRecycle’s rulemaking provides another “bite at the apple” for the industry to ensure concerns are communicated to the agency and propose any further revisions needed to make the regulations workable for businesses.

Producers of packaging materials should ensure they understand the proposed amendments and how the latest changes may affect their business operations and compliance planning. Sidley will continue to monitor developments as the rulemaking process moves forward.

[1] Section 18980.5.

[2] Section 18980.2.1(4)(B).

[3] Section 18980.1.1(c)-(d); Section 18980.1(8) (“food service ware”); (17) (“producer”); (27) (“single use”).

Single use example: changes to definition of producer, and sub-definitions under “single-use” – removal of “sufficiently durable” and “washable.”

[4] Section 18980.2(a)

[5] Previously Section 18980.3.6; now Section 18980.4.1(d).

[6] Section 18980.6.7(a)(b).

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.