1. (a) For purposes of this section:

   1. (1) “The Department” means the California Department of Resources Recycling and Recovery.
   2. (2) “ISO/IEC 17025:2017” refers to the publication, which is incorporated by reference in its entirety, titled “General requirements for the competence of testing and calibration laboratories,” International Organization for Standardization/ International Electrotechnical Commission, November 2017.
   3. (3) “ISO/IEC 17065:2012” refers to the publication, which is incorporated by reference in its entirety, titled “Conformity assessment -- Requirements for bodies certifying products, processes and services,” International Organization for Standardization / International Electrotechnical Commission, September 2012.

2. (b) For purposes of approval pursuant to subparagraph (A) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code, a third-party certification entity must satisfy the following criteria:

   1. (1) It holds an ISO/IEC 17065:2012 accreditation and requires test results from an independent laboratory holding ISO/IEC 17025:2017 accreditation as a condition for certifying that a product complies with subparagraph (A) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code. The accreditations must be issued by an accrediting body that is a signatory member of either the International Accreditation Forum or the International Laboratory Accreditation Cooperation, or both, or is a signatory to a mutual recognition arrangement established by either organization.

   2. (2) Must be independent, impartial, and not have any conflict of interest with respect to granting the certification required by subparagraph (A) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code. Without limitation, the entity shall be deemed not to satisfy this requirement if any of the following are true:

      1. (A) It holds any ownership interest, whether direct or indirect, in any laboratory that conducts testing on which its certifications are based or in any entity that is the manufacturer, distributor, or seller of any product subject to the certification requirement.
      2. (B) Other than for services related to verification or certification programs, market research, advocacy, scientific or policy research or studies, scientific testing, or industry development, it transacts business with any entity subject to the certification requirement, regardless of whether such business is with that entity directly or indirectly, such as through a subsidiary or parent company. Merely purchasing items for purposes unrelated to the activities identified in this subparagraph, without any further contractual or other relationship related to the purchase, shall not be considered transacting business with any person for purposes of this subparagraph.

3. (c) A third-party certification entity may request approval, or renewal of a prior approval, by submitting the following to the Department electronically via email. If the Department has given notice via its website that an online portal is available for submissions, the following shall instead by submitted electronically via that portal. Approval or renewal shall be granted if the submission includes all required elements.

   1. (1) Contact information.
   2. (2) Documentation of ISO/IEC 17065:2012 accreditation. An accrediting body's directory identifying the entity as holding the accreditation required under this section shall be deemed sufficient documentation.
   3. (3) An affidavit, subject to the penalty of perjury, that the entity satisfies the requirements for approval pursuant to subdivision (b).
4. (d) The Department's approval of a third-party certification entity shall expire on January 1 of the fifth calendar year following the calendar year in which the Department approved the entity, or as of the date the entity's accreditation expires or otherwise becomes invalid, whichever date is earlier.
5. (e) No earlier than one year before expiration of the Department's approval, the entity may request renewal. Renewed approvals shall expire in the same manner as initial approvals, as described in subdivision (d).
6. (f) The Department shall maintain on its website a list of currently approved third-party certification entities. Notwithstanding a third-party certification entity's presence on the list, it shall be deemed not approved as of the date it no longer holds a valid and unexpired accreditation as prescribed in paragraph (1) of subdivision (b). A person selling or offering for sale products labeled with terms restricted pursuant to section 42357 of the Public Resources Code shall be responsible for ensuring that a third-party certification entity held a valid accreditation as of the date it issued a certification.
7. (g) For the purpose of determining whether there has been an approved third-party certification entity for at least one year pursuant to subparagraph (A) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code, a third-party certification entity shall be deemed to have been approved as of the date it was added to the list. For all other purposes, however, regardless of when a third-party certification entity is added to that list, the Department's approval shall be retroactive as of the date the entity satisfied the requirements of subdivision (b).

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42041, 42050, 42061, 42355, 42355.5, 42356, 42356.1, 42356.2 and 42357, Public Resources Code.

History

1. New chapter 11.5 (article 1), article 1 (section 18981) and section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).