Exemptions and Exclusions

Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54, Allen, Chapter 75, Statutes of 2022)

 

Producers, local jurisdictions, recycling service providers, and other entities may be eligible for one of the many exemptions and exclusions allowed under the law.

Compliance pathways that recognize real-world challenges

California’s packaging producer responsibility law includes several exclusions and exemptions, as well as extensions, that offer compliance pathways for eligible producers and materials.   

These provisions create compliance pathways that recognize real-world challenges, such as manufacturing, infrastructure, and safety challenges, while ensuring our state’s advancement toward its recycling and waste reduction goals.

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Details on Specific Exemptions and Exclusions

Depending on the type, extensions, exemptions, and exclusions may apply to an entity or to the material. Small businesses that would otherwise be producers may qualify for temporary, renewable exemptions. Another type of producer — one that produces, harvests, and packages agricultural commodities all on the same site — may also be excluded from the law’s requirements. Local jurisdictions and recycling service providers are also eligible for certain extensions and exemptions. Some materials are excluded from the law entirely. Others face unique compliance challenges and remain covered by the law while qualifying for temporary exemptions from specific requirements.

Exemptions for Small Producers

Small producers with gross annual sales of less than $1 million may apply to be exempt from most of the law’s reporting and fee requirements. However, they need to plan for long-term compliance to ensure all packaging they sell is recyclable or compostable by 2032.

To apply, first register in CalRecycle’s reporting system, known as PEPRS, as a Packaging EPR producer. Then fill out the small producer exemption application. PEPRS Guidance on Registration and Application Submittals.

See 14 California Code of Regulations (CCR) section 18980.5.2

Exclusions for Entities Who Produce, Harvest, and Package an Agricultural Commodity On-Site

A person who produces, harvests, and packages an agricultural commodity on the site where the agricultural commodity was grown or raised is excluded, by law, from being a producer. 

See Public Resources Code (PRC) section 42041(w)(4)

Exclusions for Certain De Minimis Components

Components of packaging that meets the criteria as de minimis pursuant to 14 California Code of Regulations (CCR) section 18980.2.2(b) are not covered material under the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Act) and are not subject to the requirements of the Act. Only single-use packaging components, not single-use plastic food service ware, can be considered de minimis.

The criteria include the following:

  • They are not an independent plastic component.
  • The component does not prevent otherwise recyclable packaging from meeting the criteria for being considered recyclable in the state under Public Resources Code section 42355.51(d).
  • They do not prevent recyclability or make recycling or composting more difficult.
  • Designating it as having a de minimis weight or volume enables usage of recyclable, compostable, reusable or refillable packaging.
  • Their disposal, processing, and handling do not create health or safety risks or have a significant effect on the environment.
  • Their use in packaging is not prohibited under any California or federal law.

This list does not include all requirements. Refer to the regulations before applying.

See 14 CCR sections 18980.2.2

Certain Recycling Rates May Render Items Not ‘Covered Material’

Subject to CalRecycle approval, certain items may not be considered ‘covered material’ if they meet all of the following:

  • Achieve 65% recycling rates from 2024 to 2026, and 70% in 2027 and after
  • Are not collected through local curbside programs
  • Are not commingled with unsorted material collected by curbside programs
  • Some or all of the items are accepted and recycled at responsible end markets

See 14 CCR section 18980.2.3

Exclusions for Certain Packaging and Food Service Ware

In general, no submission to CalRecycle is required for materials that are excluded from the definition of ‘covered material.’

For food and agricultural commodity packaging, a complete exclusion notice must be submitted to CalRecycle. Notifications of exclusions must identify a conflict between SB 54 and federal regulations, rules, or guidelines, and explain why alternatives are not available. Once the department informs the producer that the notice form is complete, the exclusion is posted in a public database:

  • List of CalRecycle-Approved Exclusions from Food and Agricultural Commodity Packaging or Packaging Component (Coming Soon)

See 14 CCR section 18980.2(a)(2)

Exemptions for Covered Material 

Certain covered material may be exempted from the requirements for recyclability, compostability, and recycling rates. Subject to CalRecycle approval, the exemptions are available based on:

  • Unique compliance challenges
  • Health and safety concerns, or because the material cannot be recycled safely

See 14 CCR section 18980.2.4

Now Available

Extensions and Exemptions for Local and Rural Jurisdiction or Recycling Service Providers 

Guidance to help local jurisdictions and recycling service providers meet the law’s requirements, including information on extensions and exemptions.

Related Resources 

The following documents are meant to help producers submit notices or applications for extensions, exemptions, and exclusions.  

Related Links

Contact

Submit non-media questions about the program to Packaging@calrecycle.ca.gov.

For media inquiries OPA@calrecycle.ca.gov.