All businesses selling into California will need to integrate new sustainability requirements into their use of plastics and plastic packaging.
Signed into law this summer, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) will impose new sustainability regulatory requirements on all businesses manufacturing single-use packaging or plastic single-use service ware.
The law targets not only manufacturers but sellers of all goods sold in California, and thus will apply to the owner or licensee of the brand or trademark under which the covered product is sold or otherwise brought into California by distributors or retailers. This would sweep in nearly any company that makes any consumer or commercial goods with single-use packaging or food service ware sold in the state.
Under the law, producers of covered material — defined as certain single-use packaging and plastic single-use food service ware — are required to join a producer responsibility organization (PRO) by Jan. 1, 2024, or be prohibited from selling, offering for sale, importing or distributing such covered materials in California. These include the following:
Single-use packaging: material that is routinely recycled, disposed of or discarded after its contents have been used or unpackaged (and typically not refilled or reused)
Food service ware: plastic-coated paper or plastic-coated paperboard, paper or paperboard with plastic intentionally added during the manufacturing process, and multilayer flexible material; these include trays, plates, bowls, clamshells, lids, cups, utensils, stirrers, hinged or lidded containers, and straws as well as wraps or wrappers and bags sold to food service establishments
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