Section 17989.4 - Recyclable Food Service Packaging Criteria(a) A food service packaging item is "recyclable" and shall be included on the List if the department determines it meets the requirements of Section 17989.2 and satisfies all the following criteria:(1) The food service packaging item shall be a minimum of two inches measured in at least two dimensions (i.e., a minimum surface area of four inches).(2) The food service packaging item shall not contain additives that initiate or accelerate fragmentation.(3) The food service packaging item satisfies either of the following criteria: (A) Prior to January 1, 2026, the food service packaging item is comprised of materials that are collected by at least 60 percent of recycling programs statewide, have sufficient commercial value to be marketed for recycling, and are sorted and aggregated into defined streams (e.g., mixed paper, PET) by at least 60 percent of large volume transfer/processing facilities in the state. Effective January 1, 2026, the food service packaging item is comprised of materials that are collected by at least 75 percent of recycling programs statewide, have sufficient commercial value to be marketed for recycling, and are sorted and aggregated into defined streams (e.g., mixed paper, PET) by at least 75 percent of large volume transfer/processing facilities in the state.(B) Prior to January 1, 2026, the food service packaging item is included in a takeback program that, on an annual basis, recovers at least 60 percent of the food service packaging items in the program that are distributed at food service facilities. Effective January 1, 2026, the food service packaging item is included in a takeback program that, on an annual basis, recovers at least 75 percent of the food service packaging items in the program that are distributed at food service facilities. All food service packaging items that are recovered by the takeback program shall have sufficient commercial value to be marketed for recycling and be transported at the end of their useful life to a transfer/processing or recycling facility to be sorted and aggregated into defined streams (e.g., mixed paper, PET) for recycling.Cal. Code Regs. Tit. 14, § 17989.4
1. New section filed 12-6-2021; operative 12-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 40401, 40502 and 42370.2, Public Resources Code. Reference: Sections 42370.2 and 42370.3, Public Resources Code.
1. New section filed 12-6-2021; operative 12/6/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.