Wine and Distilled Spirits
Senate Bill 1013 (Atkins, Chapter 610, Statutes of 2022)SB 1013 was approved by Governor Newsom on September 27, 2022, effective on January 1, 2023.
This legislative bill:
- Brings wine and distilled spirits into the California Beverage Container Recycling Program (BCRP) starting January 1, 2024
- Expands the convenience zones and significantly modifies the role of dealers in the BCRP
- Introduces new grant programs to strengthen and support the circular economy of beverage containers in California
CalRecycle is working to implement these changes to the BCRP. Sign up for the BCRP General Information listserv to receive notices and updates on activities related to SB 1013 including public workshops and rulemaking.
Upcoming Events
CRV Beverage Dealer Informational Webinar
February 8, 2023 | 9 a.m. – 4 p.m.
Key Changes to the Beverage Container Recycling Program
#
January 1, 2023
- Expands the convenience zone area from one-half mile to a 1-mile radius of a supermarket. Expands the convenience zone in a rural region from a 3-mile to 5-mile radius of a supermarket if the expanded convenience zone would then be served by a single, existing certified recycling center or location. (PRC 14509.4 and §14571.5.)
- Amends the “dealer” definition to include that a wine or distilled spirits tasting room, licensed by the Alcoholic Beverage Control Act, will not be deemed a dealer.
- Creates the Recycled Glass Processing Incentive Grant Program to stimulate the increased use of glass cullet in making new glass beverage containers, in the state, with up to $4 million annually in funding. (PRC 14543 and §14581(a)(10).)
- Creates the Increased Recycling of Empty Glass Beverage Containers Grant Program to facilitate increased recycling of empty glass beverage containers in the state with up to $4 million annually in funding. (PRC 14544 and §14581(a)(11).)
- Creates the Empty Glass Beverage Transportation Grant Program to facilitate transportation of empty glass beverage containers, throughout the state, to glass processing facilities using rail transportation and facilities with $1 million annually in funding. (PRC 14545 and §14581(a)(12).)
- For glass quality incentive payments, requires that the material be used for the manufacturing of glass beverage containers in the state.
- The annual funding amount for this purpose is also increased from $10 million to $15 million. (PRC 14549.1 and §14581(a)(7).)
- Changes the plastic market development payment program sunset date to July 1, 2025. (PRC 14549.2.)
- Creates a glass market development program, until January 1, 2028, authorizing market development payments to a glass beverage container manufacturer who purchases recycled glass collected within this state for use in manufacturing new beverage containers in the state.
- The payments shall not exceed $50 per ton with $60 million in annual funding until January 1, 2028. (PRC 14549.7 and §14581(a)(13.))
- Wine and distilled spirits are exempt from CRV-labeling requirements until July 1, 2025.
- Beverage manufacturers of wine and distilled spirits are exempted from the requirement to submit samples of labels or beverage containers to DOR for approval.
- The manufacturers will self-certify compliance on their registration materials but may choose to seek assistance from CalRecycle staff for label compliance determination. (PRC 14561.)
- The total number of convenience zone exemptions granted by the director shall not exceed 15% of the total number of convenience zones.
- Previous law set the cap at 35%. (PRC 14571.8.)
- Increases threshold amounts for penalties as specified. (PRC 14591.1.)
- Appropriates $10 million from the Beverage Container Recycling Fund to disburse to community conservation corps in the form of grants for beverage container litter reduction and recycling programs.
- The programs may include but are not limited to, glass beverage container litter reduction programs and recycling programs. (SB 1013 34.)
January 1, 2024
- Adds distilled spirits in aluminum, glass, plastic or bimetal containers.
- Adds wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated, in aluminum, glass, plastic or bimetal containers.
- Adds wine or distilled spirits contained a box, bladder, or pouch, or similar beverage container, regardless of the beverage container’s material type. (PRC 14504.)
- Removes the alcohol by volume content of not more than 7% for “wine and distilled spirit cooler” CRV beverages. (PRC 14528.5.)
- A beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits has a redemption payment and refund value of twenty-five cents ($0.25). (PRC 14560.)
- Establishes, until January 1, 2026, a processing fee equivalent to the processing fee applied to HDPE beverage containers to a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits. (PRC 14575.)
- For wine and distilled spirits contained in a beverage container that is a box, bladder, or pouch, or similar container subject to the plastic minimum content standard requirement, grants these containers two additional years to comply with the minimum content standard schedule applicable to plastic beverage containers. (PRC 14547.)
January 1, 2025
- Dealers in a convenience zone with no recycling location for more than 60 days, must redeem in-store or operate a dealer cooperative redemption plan.
- A dealer that has demonstrated to the department that the dealer has gross annual sales (does not include sales of fuel) of less than $1.5 million or is less than 5,000 square feet is exempted from these requirements.
- Registration of dealers will begin prior to this date to facilitate these exemptions. (PRC 14578 and §14578.5.)
- Removes option for dealers to pay CalRecycle $100 per day instead of redeeming beverage containers when in a convenience zone where no recycling location has been for more than 60 days (previously referred to as “Option B”). (PRC 14578 and former §14571.6.)
#
July 1, 2025
- Sunsets Plastic Market Development Payment Program
- Ends CRV labeling exemption for beverage containers added to the BCRP on January 1, 2024
January 1, 2026
- Ends HDPE equivalent processing fee for wine or distilled spirits box, bladder, or pouch, or similar container
January 1, 2028
- Ends Glass Market Development Program and funding
Impact by BCRP Participants
Dealers
The expansion of the convenience zones effective January 1, 2023 will impact dealers that were previously outside of the convenience zone boundaries.
Dealers will be notified by CalRecycle if the change will make them responsible for redeeming in store or paying $100 per day until the convenience zone is served by a recycling center.
Beginning on January 1, 2025, dealers who demonstrate to the department that they meet certain revenue or size criteria will be exempt from either redeeming in store or joining a dealer cooperative in unserved convenience zone.
Dealers and dealer cooperatives will need to register with the CalRecycle prior to this date to enable these new requirements.
CalRecycle is conducting rulemaking to clarify these requirements. More information will be available soon including workshops to provide feedback.
For questions, please visit our retailer webpage or contact the Dealer Unit at DealerServices@calrecycle.ca.gov.
The addition of wine and distilled spirits in the CRV program beginning January 1, 2024 will require dealers to include these CRV beverages on shelf labeling and receipts.
Beverage Manufacturers and Distributors
Registration and CRV Labeling
Beverage Manufacturers and Distributors of wine and distilled spirits will need to be registered by CalRecycle to enable the reporting and payments of processing fees or CRV redemption payments.
The Alcoholic Beverage Control direct shipper permitholder is considered the beverage manufacturer and distributor.
The Division of Recycling will streamline the process and assist potential beverage manufacturers and distributors to determine:
- if their beverages are, or will be subject to CRV, and
- if they are the beverage manufacturer or distributor by law.
CRV labeling is not mandatory until July 1, 2025.
CalRecycle can also provide information for CRV labeling and self-certification of labels. The amount of processing fees will depend on the material type of the beverage container.
Wine and distilled spirits in a beverage container that is a box, bladder, or pouch or similar container sold or offered for sale in the state has a redemption value and refund value of 25 cents ($0.25).
For more information on Registration and Labeling visit our webpage or contact the Registration Unit at Reg.CRVLabeling@CalRecycle.ca.gov.
Minimum Content Requirements
Wine and distilled spirits contained in a beverage container that is a box, bladder, or pouch, or similar container subject to the plastic minimum content standard requirement will have two additional years to comply with the minimum content standard schedule applicable to plastic beverage containers.
The minimum content standards exempts a beverage manufacturer that sells or transfers 16,000,000 or fewer plastic beverage containers in the calendar year. For more information, please visit our webpage or contact MarketInformation@CalRecycle.ca.gov.
Note: PRC Section 14549.3 requires reports of the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic even if a beverage manufacturer is exempt from the minimum content standard.
Recyclers and Processors
Adding of wine and distilled spirits, starting January 1, 2024, will bring in more CRV bottles for consumer redemption.
- These beverage containers will not need to be labeled until July 1, 2025.
- Wine and distilled spirits in a beverage container that is a box, bladder, or pouch or similar container sold or offered for sale in the state has a refund value of 25 cents ($0.25).
Contact our Certification Branch with questions at (916) 324-8595.
Grants and Payments
Various new or existing entities may be eligible for grants or payments. More information will be available in January 2023. This section will be updated as new information is available.
Plastic Market Development (PMD) Payment Program Participants
Plastic Product Manufactures (who manufacture plastic products in the state) and Reclaimers (who purchase empty plastic beverage containers that have been collected, and wash and process those into flake, pellet, sheet, or other usable forms for new plastic products in the state) should refer to the September 30, 2022 Continuation of Plastic Market Development Payment Program Notice for additional information.
Sign up for the BCRP General Information listserv to receive notices and updates on activities related to SB 1013 including public workshops and rulemaking.
For questions about the continuation of the PMD Payment Program, contact Veronica Guzman at (916) 445-0597 or Veronica.Guzman@CalRecycle.ca.gov.
Glass Market Development Payment (MDP) Recipients
Pursuant to the newly added Public Resources Code (PRC) Section 14549.7, CalRecycle may pay an MDP to a glass beverage container manufacturer who purchases recycled glass collected within this state for use in manufacturing new beverage containers in this state.
The payment may be made to a glass beverage container manufacturer if the empty glass beverage containers are:
- Collected,
- Washed,
- Processed, and
- Used in manufacturing new glass beverage containers in the state.
The Department will work with stakeholders in the coming months and provide more information. Sign up for the BCRP General Information listserv to receive notices and updates on activities related to SB 1013 including public workshops and rulemaking.
Direct questions regarding the Glass MDP to the Statistical Information Section at MarketInformation@CalRecycle.ca.gov.
Glass Quality Incentive (QI) Payments
Pursuant to the amended PRC Section 14549.1, QI Payments for glass will be made if the color-sorted glass beverage containers are substantially free of contamination and are used to manufacture glass beverage containers in California.
The Department sent out a notice and will post additional information about the changes to Glass QI Payments. Sign up for the BCRP General Information listserv to receive notices and updates on activities related to SB 1013 including public workshops and rulemaking.
Direct questions regarding the Glass QI Payments to the Statistical Information Section at MarketInformation@CalRecycle.ca.gov.
For more information contact: Beverage Container Program, https://calrecycle.ca.gov/BevContainer/Contacts/