[Archives] Single-Use Carryout Bags

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Overview

On January 24, 2023, the Office of Administrative Law approved the changes to California Code of Regulations, title 14, Section 17988.2 as meeting the requirements of California Code of Regulations, title 1, section 100 for changes without regulatory effect

Pursuant to Senate Bill (SB) 270, CalRecycle adopted regulations in 2019 to establish the program for bag manufacturers to periodically submit proofs of certification to CalRecycle for single-use bags distributed in California. CalRecycle then reviews the proofs for completeness and publishes a list of all the bags for which a current proof of certification is on file.

In the changes to section 17988.2 CalRecycle added a new subdivision (h), amended and renumbered existing subdivisions (l) into (m), and generally renumbered existing subdivisions to accommodate this addition. The changes implement the statutory amendment made by Assembly Bill No. 1570 (AB 1570) to subdivision (c) of Section 42282 of the Public Resources Code. That change broadened the definition of “third-party certification entity” to include certification bodies holding an ISO/IEC 17065 accreditation.

The change to section 17988.2 modified the definition of “third-party certification entity” in two ways. First, it added certification entities, as required by statute. It also added the following text, “…or any other type of entity authorized pursuant to Chapter 5.3 of Part 3 of Division 30 of the Public Resources Code,” so that the regulation will automatically incorporate further changes made by the Legislature to what constitutes a third-party certification entity.

For more information regarding the Regulation please visit: Single-Use Carryout Bag Ban (SB 270) – CalRecycle Home Page

Current Status and Documents

The Office of Administrative Law (OAL) approved the changes without regulatory effect on January 24, 2023.

Affected Code Sections

Title 14, California Code of Regulations, Division 7, Chapter 4, Article 7, Section 17988.2

History

These changes were submitted to the Office of Administrative Law (OAL) on December 8, 2022, as changes without regulatory effect under section 100 of Title 1, California Code of Regulations. OAL approved the changes on January 24, 2023.

Contact

For more information, please contact Claire Derksen
Email: regulations@calrecycle.ca.gov
Phone Number: (916) 327-0089