Plastic Minimum Content Standards and Reporting for Beverage Manufacturers

AB 793

 

Assembly Bill 793 establishes recycled content standards for plastic beverage containers subject to the California Refund Value (CRV).

The law requires a postconsumer plastic recycled content standard of:

  • 15% beginning January 1, 2022
  • 25% on January 1, 2025
  • 50% on January 1, 2030

The law will help improve the market for recycled plastic by increasing the demand and, therefore, increasing the scrap value of the material for recycling centers operating in the Beverage Container Recycling Program.

The law requires:

  • Plastic material reclaimers to report empty plastic beverage containers collected and sold.
  • Manufacturers of postconsumer recycled plastic to report the amount of food-grade and bottle-grade plastic material sold.
  • Beverage manufacturers to report the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to CRV for sale in the state in the previous calendar year.

The plastic minimum content reporting requirements apply to all plastic beverage containers sold in California that are subject to the California Redemption Value (CRV).

Non-compliant beverage manufacturers will be assessed penalties that will be deposited into the Recycling Enhancement Penalty Account.
Funds from this account could be used, subject to appropriation by the Legislature, to support plastic beverage containers in the state:

  • Recycling
  • Infrastructure
  • Collection
  • Processing 

If the Legislature makes an appropriation for this purpose before June 15, 2027, CalRecycle may conduct a study of plastic markets.

Beverage Manufacturers Who Submitted a Report

Manufacturers must report the amount of virgin plastic and postconsumer recycled plastic used in beverage containers sold in California.

The report is due every March 1 for containers filled or imported in the previous calendar year.

The report must provide the following information:

  • In pounds and
  • By resin type.

The information will be posted within 45 days of the due date to the department website.

  • CalRecycle has developed a standardized form to assist you with reporting.
  • The report must be submitted under penalty of perjury.
  • Do not include confidential information in your report because the department will post whatever you submit to the CalRecycle website.
  • For questions about reporting requirements, contact MarketInformation@CalRecycle.ca.gov.

You must report if you meet either one of these conditions (per PRC 14506):

  • You fill plastic beverage containers for sale to distributors, dealers, or consumers or
  • You import filled plastic beverage containers into California for sale to distributors, dealers, or consumers.

You do not need to report if:

  • You do not use plastic beverage containers and only fill or import beverages in glass, aluminum, or bi-metal containers or
  • You only sell refillable beverage containers.

Beverage Manufacturer Information

  • AB 793 requirements apply only to plastic beverage containers.
  • Beverage manufacturers are exempt from administrative penalties but not exempt from the reporting requirements if they sold 16,000,000 containers or fewer to a distributor, dealer, or consumer located in the State of California during the calendar year for which the beverage manufacturer is reporting.
  • CalRecycle will determine if a beverage manufacturer meets the requirements of exemption [PRC Section 14575(g)(3)(A)].
    • Those exempt are required to report on March 1st of every year but do not have to meet the minimum content requirements.

If you are uncertain if you meet the definition of a beverage manufacturer or if your beverage is subject to CRV, contact our Registration Unit via phone at (916) 323-1835 or via email at reg.crvlabeling@calrecycle.ca.gov.

plastic bottles in manufacturing machine

Key Dates

  • On January 1, 2022, beverage manufacturers are required to utilize at least 15% recycled plastic.
  • Beginning January 1, 2023, beverage manufacturers that do not meet the requirements are subject to annual administrative penalties.
    • Penalties will be assessed beginning March 1, 2024 for non-compliance.
  • On January 1, 2025, beverage manufacturers are required to utilize at least 25% recycled plastic.
  • On January 1, 2030, beverage manufacturers are required to utilize at least 50% recycled plastic.

Enforcement and Penalties

  • Penalties will be calculated at a rate of $0.20 per pound based on the shortfall of recycled content used compared to the minimum content requirement.
  • Beverage manufacturers may pay penalties in quarterly installments or arrange an alternative payment schedule.
  • Beverage manufacturers who fail to meet the minimum content standard may submit a corrective action plan detailing the reasons they failed, or will fail, to meet the minimum recycled content standard and how they plan to meet the standard in the future.
    • The penalties assessed on the beverage manufacturer may be reduced if CalRecycle approves the corrective action plan.

Current Status

CalRecycle has adopted permanent regulations to implement AB 793, which became effective on January 1, 2024.

To receive updates, including notices regarding workshops and rulemaking, subscribe to the Beverage Container Recycling Program General Listserv.

Frequently Asked Questions

Can post-industrial recycled material be used instead of PCR material?

PRC §14547 requires a postconsumer recycled plastic minimum content standard.

How long must the beverage manufacturer keep PCR documentation?

Beverage manufacturers are required to retain documents for at least five years [per CCR §2085(b)].

Does the average content requirement mean that a company can plan on higher PCR content for certain types of containers but less, or even zero, in the case of others, and still comply if the overall PCR content across its sales average 15% PCR content?

The total number of plastic beverage containers, on average, must contain no less than the minimum content standard of postconsumer recycled plastic per year, based on the aggregate.

If my postconsumer minimum content is slightly below the minimum content requirement, could this be rounded up?

No. The law establishes a standard for postconsumer recycled, minimum content in plastic beverage containers (PRC14547).

Related Links

More Information

Comments and questions about AB 793 may be submitted via email to MarketInformation@CalRecycle.ca.gov.
Comments may also be submitted to:

California Department of Resources Recycling and Recovery
Division of Recycling
Financial Analysis and Policy Development Branch
Statistical Information Section
P.O. Box 4025
Sacramento, CA 95812

For more information, visit Beverage Container Recycling Home