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 must adopt regulations by January 1, 2021, to clarify terms, specify criteria, and outline a process for determining the types of food service packaging that are reusable, recyclable, or compostable. CalRecycle will publish a list of approved food service packaging on its website within 90 days of the final regulations being posted on the CalRecycle website after approval by the Office of Administrative Law.

CalRecycle is developing 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

CalRecycle approved the Proposed Regulations for the Sustainable Packaging for the State of California Act of 2018 (SB 1335) on December 31, 2020. CalRecycle is preparing to submit the final regulatory packaging to the Office of Administrative Law for approval, as required per the Administrative Procedure Act.

Formal Rulemaking Documents

Informal Rulemaking Documents

Stakeholder Input

  • Comments received in response to CalRecycle’s SB 1335 45-day formal public comment period, which 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.