1. (a) Except as otherwise noted, the following definitions shall govern the provisions of this chapter along with the definitions set forth in Chapter 3 (commencing with section 42041), Part 3, Division 30 of the Public Resources Code:

   1. (1) “Act” means the Plastic Pollution Prevention and Packaging Producer Responsibility Act, Chapter 3 of Part 3 of Division 30 of the Public Resources Code (sections 42040 through 42084).
   2. (2) “Alternative collection” means a program that collects covered materials, regardless of whether the covered material is discarded or considered solid waste and regardless of the manner and location of collection, and is not “curbside collection,” as defined in subdivision (g) of section 42041 of the Public Resources Code, because it is not conducted by a local jurisdiction or recycling or composting service provider under contract with a local jurisdiction.
   3. (3) “Anaerobic digestion” means the controlled biological decomposition of material in the absence of oxygen or in an oxygen-starved environment. Anaerobic digestion produces biogas and a residual digestate.

   4. (4) “Component” and related terms are defined as follows:

      1. (A) “Component,” with respect to covered material, means a covered material item that has no physically distinct subparts, or a piece or subpart of a covered material item, if the piece or subpart is distinct with respect to its composition or function or is otherwise physically distinct from other pieces or subparts. “Item” is defined in paragraph (12).
      2. (B) For purposes of categorizing components into covered material categories, each detachable component shall be considered individually and not necessarily categorized in the same category as the components from which it was detached.

      3. (C) A “detachable component” is one that may be completely detached from all other components or material and is either of the following:

         1. (i) A component designed such that it may be detached by consumers or during or after collection without the use of tools, substances, or non-manual processes. A component shall not be considered designed to be detached merely because it may be detached from all other components or materials during processing.
         2. (ii) Typically or necessarily detached through ordinary usage by the consumer before being discarded, regardless of whether the component is discarded attached to the other components.
      4. (D) A “non-detachable component” is a component that is not detachable, as defined in subparagraph (C).
      5. (E) “Separable and distinct material component,” as stated in the definition of “packaging” in subdivision (s) of section 42041 of the Public Resources Code, means a component, as defined in this subdivision, that is not the good being packaged but rather is the covered material serving the functions of packaging, as set forth in that definition.
   5. (5) “Covered material” has the same definition as in subdivision (e) of section 42041 of the Public Resources Code and encompasses materials that originated from covered material items. In the context of end-of-life handling and processing, if a substance comprises both materials that are covered material because they originated from such items and materials from other origins, only the portions originating from covered material items shall be considered covered materials.
   6. (6) “Covered material category list” and “CMC list” mean the list, established pursuant to section 42061 of the Public Resources Code, containing elements evaluating recycling rates, recyclability, and compostability, by covered material category.
   7. (7) “Food” has the same meaning as in section 113781 of the Health and Safety Code.

   8. (8) “Food service ware” means the goods identified in subparagraphs (A) and (B). Plastic single-use food service ware is covered material and shall not be considered “packaging” for purposes of this chapter.

      1. (A) Trays, plates, bowls, clamshells, lids, cups, utensils, stirrers, hinged or lidded containers, straws, and other goods typically used with food, provided that such goods are intended or marketed to be used, or are customarily used, in the act of consuming food or providing to consumers food or beverages that require no further preparation or packaging prior to consumption. A good exclusively marketed and labeled as not intended for such uses shall not be considered customarily put to such use. To be a food service ware item, the good must either necessarily directly contact food when used to serve or consume food or be designed specifically for use in conjunction with food service ware items when the items are used to serve or consume food. Examples of goods designed specifically for such use include a cup sleeve or cup tray used with cups that contact beverages, trays used with liners that contact food, or a lid or cover that fits securely atop a tray that touches food. An item is not food service ware pursuant to this subparagraph merely because it may be used to contain, store, handle, protect, or prepare food.

      2. (B) Wraps, wrappers, and bags marketed, designed, or intended to be used in the manner described in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e) of section 42041 of the Public Resources Code: “used in the packaging of food offered for sale or provided to customers by food service establishments”. For purposes of section 42041 of the Public Resources Code:

         1. (i) A food service establishment is a retail business that operates at a physical location, whether permanent or nonpermanent, and serves prepared food for human consumption, regardless of whether the food is consumed on or off the operation's premises, and regardless of whether there is a charge for the food.
         2. (ii) Packaged food products that were not packaged by the operation and are not removed from their packaging by the operation, such as prepackaged, sealed food that was mass produced by a third party, shall not be considered food offered to consumers by a food service establishment.
         3. (iii) Notwithstanding the foregoing, bags provided to customers by a business that is a “store,” as that term is defined in subdivision (f) of section 42280 of the Public Resources Code, shall not be considered bags used in the packaging of food, provided such bags are precheckout bags (as defined in that Chapter) or are provided to customers at the point of sale. For purposes of this clause, paragraphs (1) and (2) of subdivision (f) of section 42280 of the Public Resources Code shall not apply, such that retail establishments cannot be excluded from the definition of “store” based on their gross annual sales or square footage of the retail space.
   9. (9) “Incompatible material” means covered material that a receiving responsible end market is not designed, permitted, or authorized to recycle, as defined in subdivision (aa) of section 42041 of the Public Resources Code, or does not recycle for any other reason.
   10. (10) “Independent Producer” means a producer that is approved by the Department to comply with the requirements of this chapter without being a participant producer.
   11. (11) “Intermediate supply chain entity” means, with respect to certain materials, any facility or operation, excluding the end market, that receives the materials after they have been collected, except that a facility or operation of the person that collected the materials is an intermediate supply chain entity if the facility or operation conducts processing or receives the materials after any processing of the materials has occurred. A facility or operation is an intermediate supply chain entity, not an end market, with respect to material it transfers off-site for further processing or disposal, regardless of whether it is an end market with respect to other materials.
   12. (12) “Item,” with respect to covered material, packaging, or food service ware, including packaging and food service ware that is excluded from the definition of covered material or exempt from requirements of the Act, means an individual physical embodiment of covered material, packaging, or food service ware, rather than a substance or material in general or an amount of material. A group of physically connected non-detachable components is a single item. Detachable components are distinct items.
   13. (13) “Nonplastic” means that a material is not considered plastic under paragraph (15) of this subdivision and subdivision (t) of section 42041 of the Public Resources Code.
   14. (14) “Participant,” “participant producer,” “participant of the PRO,” and “producer who participates in the PRO's approved plan” all mean a producer, as defined in subdivision (w) of section 42041 of the Public Resources Code, approved by a PRO to participate in the PRO's plan.
   15. (15) “Plastic,” when used to describe a component of covered material or other physical object, means the component or object contains or is made partially or entirely of plastic, as defined in subdivision (t) of section 42041 of the Public Resources Code, unless the plastic is present solely as a result of contamination not caused by the producer, a person acting on behalf of the producer, or a third party responsible for the manufacture or handling of the component or object. Notwithstanding the foregoing, for purposes of subdivision (g) of section 18980.6.7, section 18980.7.6, 18980.9, and subdivisions (a) and (d) of section 18980.9.1, the weight of plastic covered material is the weight only of the plastic, as defined in subdivision (t) of section 42041 of the Public Resources Code, that the covered material comprises.
   16. (16) “Plastic or polymers,” as used in subdivision (d) of section 42356.1 of the Public Resources Code, means a plastic component or any amount of plastic, as defined in subdivision (t) of section 42041 of the Public Resources Code, incorporated into a component. Notwithstanding the foregoing, contamination not caused by equipment or processes used in manufacturing shall not be considered plastic incorporated into a component.

   17. (17) “Producer” has the same definition as provided in subdivision (w) of section 42041 of the Public Resources Code. For purposes of that definition and this chapter:

       1. (A) “Person” means an individual, firm, limited liability company, association, partnership, public or private corporation, or any other legal entity.
       2. (B) The terms “product that uses covered material” and “product using the covered material” refer to a good that uses covered material. A good uses covered material if its packaging is covered material or if the good itself is plastic single-use food service ware and thus constitutes covered material. Empty packaging materials not yet used by a good are not “single-use packaging” or otherwise “covered material” under the Act, such that a person is not a producer merely because they manufacture, sell, offer for sale, or distribute such materials.
       3. (C) When a product is offered for sale, sold, distributed, or imported, the covered material used by the product is also considered to be offered for sale, sold, distributed, or imported.
       4. (D) If the product is physically provided to the consumer on the premises of a retail seller or other distributor where it is sold or distributed, only packaging associated with the product before the point of sale or distribution and before the initial physical display of the product to the consumer shall be considered the product's packaging.

       5. (E) “Brand or trademark” means a trademark or service mark, as those terms are defined in subdivisions (a) and (b) of section 14202 of the Business and Professions Code. Use of a brand or trademark is only relevant to whether a person is a producer if the brand or trademark is the one, if any, identified pursuant to subdivision (b) of section 18980.1.1.

          1. (i) Use of a brand or trademark with or on a good that uses covered material means the placement or display of the brand or trademark in a way that directly associates the brand or trademark with that good for the purpose stated in subdivision (a) of section 14202 of the Business and Professions Code. Without limitation, a brand or trademark is directly associated with a good if it is displayed or placed directly on the good, on the good's packaging, on tags or labels affixed to the good, or on documents (electronic or otherwise) associated with the goods or their sale.
          2. (ii) Use of a brand or trademark with the sale or distribution of a good that uses covered material means display of the brand or trademark in a way that directly associates the brand or trademark with such sale or distribution for the purpose stated in subdivision (b) of section 14202 of the Business and Professions Code. Without limitation, such display may be in advertisements or other promotional material (whether hard copy or electronic), business signs, catalogs, or web-based sales interfaces.
          3. (iii) For the purpose of identifying the producer of covered material used by a good, the placement or display of a brand or trademark in any manner is not relevant unless it is for the purpose stated in subdivision (a) or (b) of section 14202 of the Business and Professions Code with respect to that good or its sale or distribution.

       6. (F) “Distribution” and “distribute,” as used in the Act and this chapter, mean the act of transferring products to another person within the supply chain or to the end user of the products, and “import” means the act of bringing products from outside the state into the state for purposes of sale or distribution, except that:

          1. (i) If products are transported outside the state without being provided to users of the products in the state or discarded in the state, the products and the covered material used by the products shall not be considered distributed or imported in or into the state, provided that documentation of such transport is available upon request by the Department from the person who otherwise would be the producer of the covered material.
          2. (ii) The mere transportation of products (e.g., parcel or freight shipping) on behalf of another person shall be deemed conducted by that person, not the transporter.
       7. (G) “Offered for sale,” when used in the Act and this chapter in reference to a quantity, amount, or proportion of covered material, refers to covered material that physically existed and was made available for purchase but was discarded in California by the producer without being sold or distributed.
       8. (H) “Agricultural commodity” as used in paragraph (4) of subdivision (w) of section 42041 of the Public Resources Code has the same meaning as in Section 5602 of Title 7 of the United States Code.
   18. (18) “Product,” for purposes of this chapter, means a physical good and all of its packaging, if any.
   19. (19) “Ratepayer,” as used in the Act, means a person that pays user fees for recycling, composting, or solid waste collection and handling services provided by a local jurisdiction and/or their designated recycling service provider.

   20. (20) “Recycled organic product” means compost, digestate for land application, or biogas. To be considered a recycled organic product, the process producing it must be recycling, as defined in subdivision (aa) of section 42041 of the Public Resources Code.

       1. (A) “Biogas” has the same meaning as provided in paragraph (3) of subdivision (a) of section 17896.2.
       2. (B) “Compost” has the same meaning as provided in paragraph (4) of subdivision (a) of section 17896.2.
       3. (C) “Digestate for land application” means digestate, as defined in paragraph (13.5) of subdivision (a) of section 17852, that meets the requirements of paragraph (24.5) of subdivision (a) of section 17852.
   21. (21) “Recycling rate” has the meaning set forth in subdivision (ab) of section 42041 of the Public Resources Code, except that recycling rate shall be calculated as described in section 18980.3.2.

   22. (22) “Reporting entity” means a PRO, which shall report all reportable activities by its participating producers on their behalf, and the producers identified in subparagraphs (B) and (C).

       1. (A) Reportable activities are those required to be reported to the Department pursuant to Article 9 and Article 10 of this chapter, as applicable. All reporting entities must register with the Department as set forth in section 18980.10.
       2. (B) Independent Producers are reporting entities and must report all their reportable activities pursuant to this chapter.
       3. (C) Producers participating in a PRO's approved plan are reporting entities if they choose to report any of their reportable activities directly to the Department or do not provide data to the PRO so that the PRO could report the activities on their behalf.
   23. (23) “Responsible End Market” means an end market described in subdivision (ad) of section 42041 of the Public Resources Code that meets the criteria specified in section 18980.4.
   24. (24) “Retailer” and “wholesaler” are defined as in subdivision (ae) of section 42041 of the Public Resources Code. A retailer or wholesaler is a producer only for covered material for which it meets the definition of producer pursuant to subdivision (w) of section 42041 of the Public Resources Code.

   25. (25) “Reusable,” “refillable,” “reuse,” and “refill” have the same definition as provided in subdivision (af) of section 42041 of the Public Resources Code. Determinations of whether packaging or food service ware items are reusable or refillable shall be subject to subdivision (b) of section 18980.2.1.

       1. (A) The terms “reuse” and “refill” refer to usage of packaging or food service ware items after their initial use, where the items and the circumstances of such subsequent use satisfy the requirements for the items to be deemed reusable or refillable pursuant to paragraphs (1) or (2) of subdivision (af) of section 42041 of the Public Resources Code. The purpose and function of the subsequent usage must be the same as the purpose and function of the initial use, except that subsequent uses of packaging or food service ware as described in paragraph (1) of subdivision (af) of section 42041 of the Public Resources Code need not be with respect to the same good previously associated with the packaging or food service ware.
       2. (B) An item considered reusable or refillable pursuant to this paragraph and subdivision (af) of section 42041 of the Public Resources Code shall not be considered single-use pursuant to subdivision (ai) of section 42041 of the Public Resources Code.
   26. (26) “Significant effect on the environment” means a substantial, or potentially substantial, adverse change in physical conditions, such as with respect to land, air, water, minerals, or animals, resulting from an operation, practice, product, substance, action, or any other cause. Mere disposal in a landfill does not necessarily constitute a significant effect on the environment.

   27. (27) “Single use” and “single-use” are defined as provided in subdivision (ai) of section 42041 of the Public Resources Code for “single use.”

       1. (A) With respect to packaging, an individual packaging item is disposed of after one use if it is discarded after it has served one or more of the purposes identified in subdivision (s) of section 42041 of the Public Resources Code with respect to the physical good originally associated with the packaging, without being reused for such purposes with respect to additional physical goods. Once use of the packaging begins, usage with respect to the specific physical good associated with it constitutes a single use, regardless of whether the usage is intermittent or continuous. Physical goods used to refill or reuse packaging are distinct from the specific physical good with which the packaging was originally associated, such that usage of the packaging with respect to such distinct goods constitutes a new use.
       2. (B) With respect to food service ware, an individual item is disposed of after one use if it is discarded after serving one or more of the purposes identified in paragraph (8) of this subdivision once with respect to food goods without being subsequently washed and used again. Once initial usage of a food service ware item begins, any usage of it before it is washed and used with additional food goods constitutes a single use.
       3. (C) A packaging or food service ware item shall be considered conventionally disposed of after a single use if it is not reusable or refillable according to paragraph (25) of this subdivision and paragraphs (1) or (2) of subdivision (af) of section 42041 of the Public Resources Code.
   28. (28) “Small producer” means a producer that has a current exemption on file with the Department pursuant to section 18980.5.2.

2. (b) When referred to in this chapter, the following documents are incorporated by reference in their entirety:

   1. (1) “ISO/IEC 17025:2017” refers to the publication titled “General requirements for the competence of testing and calibration laboratories,” International Organization for Standardization/International Electrotechnical Commission, November 2017.
   2. (2) “ISO/IEC 17065:2012” refers to the publication titled “Conformity assessment -- Requirements for bodies certifying products, processes and services,” International Organization for Standardization/International Electrotechnical Commission, September 2012.
   3. (3) State Administrative Manual, section 9213.1, Allocation of Costs -- Indirect Cost Rate Determination Methodology, California Department of General Services (as published on 01/2022).
   4. (4) “ISO 59014” refers to the publication titled “Environmental management and circular economy -- Sustainability and traceability of the recovery of secondary materials -- Principles, requirements and guidance,” International Organization for Standardization, October 2024.

Note: Authority cited: Sections 40401, 40502, 42041, 42057 and 42060, Public Resources Code. Reference: Sections 41780.01, 42040, 42041, 42050, 42051, 42051.1, 42051.2, 42052, 42053, 42057, 42060, 42060.5, 42061, 42063, 42064, 42067, 42080, 42081, 42280, 42281.2 and 42356.1, Public Resources Code.

History

1. New chapter 11.1 (articles 1-14), article 1 (sections 18980.1-18980.1.1) and section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).