1. (a) For the purposes of this chapter and the Act, and subject to paragraph (2) of subdivision (b), a covered material category shall be considered recyclable only if all covered material items within the category necessarily satisfy the categorical requirements for being considered recyclable as set forth in paragraph (2) of subdivision (d) of section 42355.51 of the Public Resources Code.

2. (b) To be considered recyclable for purposes of subdivision (b) of section 42050 of the Public Resources Code, covered material items must either:

   1. (1) be within one of the covered material categories on the list maintained by the Department pursuant to subdivisions (c) and (e) of section 42061 of the Public Resources Code, satisfy the additional criteria listed in paragraph (3) of subdivision (d) of section 42355.51 of the Public Resources Code, and, if applicable, satisfy the requirements of subdivision (d) of this section; or
   2. (2) be excepted from the requirements of paragraphs (2) and (3) of subdivision (c) of section 42355.51 of the Public Resources Code pursuant to paragraphs (4), (5) or (6) of subdivision (d) of section 42355.51 of the Public Resources Code.

3. (c) For purposes of determining compliance with the criteria identified in subparagraphs (A) and (B) of paragraph (3) of subdivision (d) of section 42355.51 of the Public Resources Code, plastic covered material includes components, inks, adhesives, or labels that prevent recyclability pursuant to the design guide incorporated into a producer responsibility plan pursuant to paragraph (1) of subdivision (j) of section 18980.8 if, according to the design guide, either:

   1. (1) Any component, ink, adhesive, or label renders the packaging “non- recyclable”; or
   2. (2) Any component, ink, adhesive, or label “requires test results,” unless the producer has obtained the required test results described in the design guide from a laboratory having an ISO/IEC 17025:2017 accreditation issued by a body described in paragraph (1) of subdivision (b) of section 18981 and provided such results to the PRO (for PRO plan participants) or to the Department (upon request by the Department).
4. (d) In addition to meeting the requirements of subdivision (c), covered material that is packaging used with food or food service ware must comply with the material composition restrictions set forth in paragraphs (1) and (3) of subdivision (a) of section 17989.2. Packaging is considered used with food if it is used for the containment, protection, handling, delivery, or presentation of food and may come in direct contact with food through ordinary usage. Upon demand, a producer shall provide the Department test results from a laboratory having an ISO/IEC 17025:2017 accreditation (issued by a body described in paragraph (1) of subdivision (b) of section 18981) verifying compliance with this subdivision. A PRO may provide such test results on behalf of a producer.

5. (e) For purposes of paragraph (5) of subdivision (d) of section 42355.51 of the Public Resources Code:

   1. (1) The “product or packaging in the program” encompasses all the covered material items sold or distributed in the state that are eligible for recovery by the program.
   2. (2) The percentage of the items recovered by the program is the percentage of the total weight of the items sold or distributed during the one-year period described in subparagraph (3) that was collected by the program during the most recent one-year period. That percentage shall be used for determining whether the minimum recovery percentage requirement has been met.
   3. (3) To minimize inclusion of items not both sold or distributed and collected during the periods used in the percentage calculation, the one-year period used in the calculation for sales or distribution shall precede the one-year period used for collection according to the average time between the items' sale or distribution and collection.
   4. (4) If the program has not been in existence for at least one year, the calculation shall be applied to the partial year of its existence. The program shall be considered to have begun on the date the items were first sold or distributed.

6. (f) For purposes of paragraphs (4) and (5) of subdivision (d) of section 42355.51 of the Public Resources Code:

   1. (1) Participant producers shall demonstrate to their PRO how the covered materials meet the requirements of paragraphs (4) or (5) of subdivision (d) of section 42355.51 of the Public Resources Code. The “product or packaging in the program” encompasses all the covered material items sold or distributed in the state that are eligible for recovery by the program.

      1. (A) A PRO shall establish a process for evaluating whether a particular covered material meets the requirements. The process shall be described in the PRO plan. The description shall demonstrate how the PRO will obtain and use reliable data and reasonably calculate the relevant rates.
      2. (B) A PRO shall specify in its annual report which covered materials are considered recyclable pursuant to paragraphs (4) or (5) of subdivision (d) of section 42355.51 of the Public Resources Code and which participants are producers of the covered materials.
      3. (C) A PRO shall conduct annual audits and investigations of participant producers to ensure that the covered materials identified pursuant to subparagraph (B) continue to meet the requirements specified in paragraphs (4) or (5) of subdivision (d) of section 42355.51 of the Public Resources Code. The scope of these audits and investigations shall, at a minimum, include verification of data received from the PRO or participant producers and visits to at least two intermediate supply chain entities and two end markets that collect, process, or recycle the material under investigation, unless there is only one intermediate supply chain entity or one end market, in which case the audit shall visit that entity or end market. The results of any audits and investigations shall be included in a PRO's annual report. All investigations and audits shall be conducted by an independent third-party. The Department shall have full access to any results of an audit or investigation.

   2. (2) Independent Producers shall:

      1. (A) Specify in their plan any covered materials that they claim meet the requirements of paragraphs (4) or (5) of subdivision (d) of section 42355.51 of the Public Resources Code and provide data supporting such claims.
      2. (B) Annually demonstrate to the Department that the covered material continues to meet the requirements of paragraphs (4) or (5) of subdivision (d) of section 42355.51 of the Public Resources Code. The annual report shall include, at a minimum, data to support their claims.

Note: Authority cited: Sections 40401, 40502, 42041 and 42060, Public Resources Code. Reference: Sections 42040, 42041, 42050, 42061 and 42355.51, Public Resources Code.

History

1. New article 3 (sections 18980.3-18980.3.5) and section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).