Section 17989.5 - Compostable Food Service Packaging Criteria(a) A food service packaging item is "compostable" 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 meets either of the following criteria: (A) Prior to January 1, 2026, the food service packaging item is comprised of materials that are regularly collected for composting by at least 50 percent of organic waste recycling programs statewide and accepted by at least 50 percent of the compost facilities in the state that accept mixed materials. Effective January 1, 2026, the food service packaging item is comprised of materials that are regularly collected for composting by at least 75 percent of organic waste recycling programs statewide and accepted by at least 75 percent of the compost facilities in the state that accept mixed materials.(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 50 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 be accepted at a compost facility at the end of their useful life.(2) If the food service packaging item is plastic, plastic-coated, or plastic-containing, the food service packaging item composts in a safe and timely manner, as demonstrated by:(A) Test results from an ISO/IEC 17025:2017 accredited laboratory indicating that the item meets the requirements of ASTM D6400-19 or ASTM D6868-19, as applicable; and(B) Test results from an ISO/IEC 17025:2017 accredited laboratory indicating that the item has achieved at least 90% biodegradation within 60 days, as documented by the food service packaging item's ASTM D6400-19 or ASTM D6868-19 test report. The test report shall include either a biodegradation curve or tabular data indicating biodegradation rates utilizing one of the following test methods: ASTM D5338-15, ISO 14855-1:2012, or ISO 14855-2:2018.(3) The food service packaging item satisfies the legal requirements to be lawfully labeled "compostable," including all applicable requirements specified in Chapter 5.7 (Sections 42355 through 42358.5), Part 3, Division 30 of the Public Resources Code and Section 17580.5(a) of the Business and Professions Code.Cal. Code Regs. Tit. 14, § 17989.5
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.