1. (a) Pursuant to subparagraph (F) of paragraph (2) of subdivision (e) of section 42041 of the Public Resources Code, packaging used for the long-term protection or storage of a good having a lifespan of not less than five years is not covered material. Upon request by the Department, any person claiming not to be subject to the Act with respect to particular packaging on the basis that subparagraph (F) of paragraph (2) of subdivision (e) of section 42041 of the Public Resources Code excludes the packaging from the definition of covered material shall substantiate such a claim. To be excluded, the packaging and the good associated with it must meet the following requirements:

   1. (1) The good must be one that is not ingested, irreversibly used, destroyed, or expended through its ordinary use.
   2. (2) For the packaging to be considered used for the long-term protection or storage of a good, the packaging must be more commonly retained and used for storage or protection of the good for at least five years, without being discarded, than discarded within five years. Such five-year period shall begin when the good and the packaging are sold or distributed to the user of the good.

   3. (3) For the good to be considered to have a lifespan of not less than five years:

      1. (A) The good must reasonably be expected to remain usable for at least five years after it is sold or distributed, as determined with respect to the totality of the circumstances, such as the good's marketing, evidence of the actual average duration of use, and the duration of use of similar goods under similar circumstances. This requirement shall be considered satisfied if the good is covered by an express, written five-year warranty with no exclusion for ordinary wear and tear. The warranty must guarantee that the consumer can obtain a full refund or replacement, with no cost for returning the good, if the good does not remain usable at least five years when subject to ordinary or foreseeable use.
      2. (B) Use of the good must not be limited by the depletion of nonreplaceable constituent parts, pieces, or other materials, so that the duration of its usability depends on its continued ability to function rather than on how quickly such materials are depleted or discarded. Examples of such goods include, but are not limited to: multi-piece toys sold in containers and designed to be stored in the containers when not in use; tools sold in rigid containers and designed to be stored in the containers when not in use; and board games or puzzles contained in paperboard boxes.

2. (b) Pursuant to subparagraph (A) of paragraph (4) of subdivision (s) of section 42041 of the Public Resources Code, material that is part of or directly connected to packaging but is of de minimis weight or volume is not itself packaging for purposes of the Act.

   1. (1) For purposes of this subdivision, the following definitions apply:

      1. (A) “Component” refers both to a component, as defined in paragraph (4) of subdivision (a) of section 18980.1, and to material that would be a packaging component if it were not of de minimis weight or volume.

      2. (B) “Independent plastic component” is a packaging component, or a group of components, that wholly or partially comprises plastic and for which both of the following are true:

         1. (i) It is a detachable component, or a group of components that, if considered a single component, would satisfy the criteria for being a detachable component.
         2. (ii) It is not a coating, film, tape, sticker, label, or other sheet-like material adhered to the surface of another component or group of components.

   2. (2) A component or group of components is of de minimis weight or volume if it satisfies the following requirements:

      1. (A) It is not an independent plastic component.
      2. (B) Due to its small size or weight and other relevant characteristics, if any, it has no effect on whether any covered material satisfies any of the recyclability criteria provided in subdivision (d) of section 42355.51 of the Public Resources Code.
      3. (C) Due to its small size or weight and other relevant characteristics, if any, it does not prevent recyclability pursuant to subdivision (c) of section 18980.3 or make recycling or composting more difficult pursuant to subdivision (h) of section 18980.6.7.
      4. (D) Designating it as having a de minimis weight or volume enables usage of recyclable, compostable, reusable, or refillable packaging.
      5. (E) Its disposal, processing, and handling does not create health or safety risks or have a significant effect on the environment.
      6. (F) Its use in packaging is not prohibited under any law of this state or federal law.
   3. (3) The PRO or an Independent Producer may request that the Department deem certain components or groups of components to be of de minimis weight or volume. Requests must be in writing and describe each component or group of components at issue with sufficient detail, such as its purpose, range of physical characteristics, and the types of packaging or goods with which it is conventionally used, to clearly distinguish it from other materials. The request must include supporting evidence and explanation establishing that the component or group of components meets the requirements of paragraph (2).
   4. (4) The Department shall publish on its website a list of components and groups of components, whether proposed in requests submitted pursuant to paragraph (3), alleged to be of de minimis weight or volume in response to a notice of violation, or otherwise identified by the Department, that it has determined to be of de minimis weight or volume. The Department shall reevaluate each determination no more frequently than every five years.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 40062, 41780.01, 42040, 42041 and 42355.51, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).