[Archives] Sustainable Packaging for the State of California Act of 2018

This page was archived on 12/6/2021 (UPDATE: This page was updated and re-archived on 4/29/2022 to incorporate a change to the regulatory text necessitated by a statutory change). CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Program Implementation | Sustainable Packaging Act Reporting System (SPARS)

The Office of Administrative Law approved the regulations on December 6, 2021

Overview

Senate Bill (SB) 1335 (Allen, Chapter 610, Statutes of 2018) is codified in Public Resources Code sections 42370–42370.7. This law requires food service facilities located in a state-owned facility, operating on or acting as a concessionaire on state-owned property, or under contract to provide food service to a state agency to dispense prepared food using food service packaging that is reusable, recyclable, or compostable.

CalRecycle adopted regulations on December 31, 2020, to clarify terms, specify criteria, and outline a process for determining the types of food service packaging that are reusable, recyclable, or compostable. The Office of Administrative Law (OAL) approved the regulations and submitted them to the Secretary of State on December 6, 2021, which is the effective date of the regulations.

CalRecycle will publish a List of Approved Food Service Packaging (List) on its website by March 6, 2022, 90 days after OAL’s approval of the regulations.

CalRecycle developed the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, the Office of Environmental Health Hazard Assessment, and other interested agencies and stakeholders.

Current Status and Documents

The Office of Administrative Law (OAL) approved the SB 1335 regulations on December 6, 2021.

Formal Rulemaking Documents

Informal Rulemaking Documents

Stakeholder Input

This section identifies the opportunities for stakeholder input that CalRecycle provided as part of the rulemaking process. Persons who submitted comments regarding the proposed regulations have the right to request a hard copy of the Final Statement of Reasons.

  • Comments received during the second 15-day formal public comment period (beginning December 12, 2020) regarding changes to the proposed regulations.
  • Comments received during the 15-day formal public comment period (beginning October 13, 2020) regarding changes to rulemaking documents.
  • Comments received during the first 15-day formal public comment period (beginning October 6, 2020) regarding changes to the proposed regulations.
  • Comments received during the 45-day formal public comment period (beginning March 13, 2020; extended due to COVID-19 and closed on May 21, 2020).
  • Comments received in response to CalRecycle’s SB 1335 June 4, 2019, informal rulemaking workshop.

Additional Documents

This section lists additional documents relied upon by CalRecycle in developing the regulations.

Rulemaking History

  • December 31, 2020: CalRecycle approved the Proposed Regulations.
  • December 12, 2020: CalRecycle initiated a 15-day formal public comment period on the changes to the proposed regulations.
  • October 13, 2020: CalRecycle initiated a 15-day formal public comment period on the changes to rulemaking documents
  • October 6, 2020: CalRecycle initiated a 15-day formal public comment period on the changes to the proposed regulations.
  • May 21, 2020: CalRecycle held a public hearing to accept stakeholder comments and conclude the 45-day formal public comment period.
  • April 14, 2020: Due to the COVID-19 public health emergency, the 45-day formal public comment period was extended from April 28, 2020, to May 21, 2020.
  • March 13, 2020: CalRecycle initiated the 45-day formal public comment period on the proposed regulations.
  • June 4, 2019: CalRecycle held an informal rulemaking workshop to solicit stakeholder feedback on informal draft regulatory text.
  • April 10, 2019: CalRecycle held an informal rulemaking workshop to solicit stakeholder feedback to present draft regulatory concepts and solicit stakeholder feedback.

Contact

For more information, please send a message to sb1335@calrecycle.ca.gov and a member of our team will assist you.

Subscribe to the SB 1335 listserv to receive notices regarding workshops and other important information related to the regulation development process.