Section 17989.6 - Application Requirements and Submittal Process(a) If a food service packaging manufacturer seeks to add one or more food service packaging items to the List, an application shall be submitted to the department demonstrating that each food service packaging item or group of food service packaging items meets the applicable requirements of Sections 17989.2 through 17989.5. The application shall contain the following and be submitted electronically: (1) Contact information (A) Name and title of the person submitting the application(B) Company or organization name(C) Company or organization mailing and physical addresses(F) Name of the manufacturer(s) of the food service packaging item or group of items(2) A statement that the application is being submitted to the department to be considered for determination of whether the food service packaging item or group of items is reusable, recyclable, or compostable.(3) A description of the food service packaging item or group of items, including the food service packaging types, item names, and sizes (e.g., dimensions, diameter, volume).(4) A description of the materials (e.g., PLA-lined paperboard), including identifying characteristics, used to manufacture the food service packaging item or group of items.(5) Documentation that a food service packaging item or group of items meets the requirements of subsection 17989.2(a)(1), as applicable.(6) The chemical names and Chemical Abstract Service Registry Numbers necessary to demonstrate compliance with subsection 17989.2(a)(2) and a disclosure whether a Proposition 65 warning is required due to the exposure to such chemicals from the use of the item or group of items.(7) The accreditation numbers of the ISO/IEC 17025:2017 laboratory(ies) used to demonstrate compliance with the requirements of this Article, as applicable.(8) A declaration signed under penalty of perjury by the food service packaging manufacturer stating that all information and data submitted as part of the application is true and correct.(b) A food service packaging manufacturer shall label or identify all portions of the application that it requests the department maintain as confidential pursuant to subsection 17989.6(f)(3). Applications submitted to the department shall not contain redactions. Any portions of an application that are not labeled or identified as confidential shall be deemed a public document.(c) In addition to meeting the requirements of subsection (a), an application for a reusable food service packaging item or group of items shall include either: (1) Test results from an ISO/IEC 17025:2017 accredited laboratory that demonstrate compliance with subsection 17989.3(a)(1); or(2) A copy of the manufacturer's express, written warranty, if any, pursuant to subsection 17989.3(a)(2).(d) In addition to meeting the requirements of subsection (a), an application for a recyclable food service packaging item or group of items shall include information to demonstrate compliance with Section 17989.4. Applications shall include: (1) The measurement of at least two dimensions, in inches, of the food service packaging item or each item in a group of items.(2) A statement that the food service packaging item, or each item in a group of items, does not contain additives to initiate or accelerate fragmentation.(3) Test results from an ISO/IEC 17025:2017 accredited laboratory that demonstrate compliance with subsection 17989.2(a)(3), as applicable. Tests shall be completed no more than six months prior to the application submittal date and shall specify the analytical method and instrumentation used to quantify the results. If an applicant submits test results for a group of food service packaging items, the applicant must explain how the test results are representative of the group of food service packaging items.(4) Information demonstrating that each food service packaging item meets the applicable criteria in subsection 17989.4(a)(3). (A) Materials shall be deemed to satisfy the requirement to have sufficient commercial value to be marketed for recycling if the materials are included on the List published by the department pursuant to subsection 17989.1(a) or if the information submitted (e.g., written contracts, bona fide offers, market data) demonstrates that the materials comprising the food service packaging item have been available for sale for recycling, at readily available prices, during the 12-month period preceding the application. The department shall deem this requirement satisfied if it determines based on market data and other information in its possession that the materials have sufficient commercial value to be marketed for recycling.(B) A takeback program shall be deemed to satisfy the annual percentage recovery requirement pursuant to subsection 17989.4(a)(3)(B) if the following requirements are met, as applicable: (i) The information submitted includes the name and physical address for food service facilities dispensing food service packaging items in the takeback program or intended to be included in the takeback program.(ii) For a program that has been operating for at least one year, the information submitted demonstrates that the program met the annual percentage recovery requirement for at least one 12-month period during the five years immediately preceding the date of the application.(iii) For a program that has not been operating for at least one year, the information submitted includes the date the program began operating and demonstrates that the program's performance to date, extrapolated over an entire year, satisfies the annual percentage recovery requirement.(iv) For a program that has not yet begun operating, the information submitted includes at least the following details concerning the program: description of the food service packaging items and any other products that the program will recover; program locations and methods of recovering food service packaging items; the anticipated start date of the program; specific mechanisms for enabling and incentivizing customers to participate; plans to conduct educational outreach and marketing activities to raise awareness of the program; names of the entities that will operate or partner with the program, including recycling service providers; and performance information (e.g., recovery rates of food service packaging items and commercial values of materials), if available, concerning similar takeback programs under similar circumstances. Inclusion of a food service packaging item on the List based in part on this information shall not occur until the manufacturer informs the department that the takeback program has begun operating, and the inclusion shall be conditional, such that the item shall be removed from the List unless the manufacturer supplements its application with information demonstrating that the program's performance, extrapolated over an entire year, satisfies the annual percentage recovery requirement. Such supplemental information shall be provided no later than seven months after the program began operating.(v) For a takeback program that has not been in operation for at least one year or has not begun operations at the time of the application, inclusion of a food service packaging item on the List based in part on their inclusion in the takeback program shall be conditional, such that the item shall be removed from the List unless the manufacturer supplements its application with information demonstrating that the program satisfied the annual percentage recovery requirement over a 12-month period. Such supplemental information shall be provided no later than 14 calendar months after the program began operating.(e) In addition to meeting the requirements of subsection (a), an application for a compostable food service packaging item or group of items shall include information to demonstrate compliance with Section 17989.5. Applications shall include: (1) Information demonstrating that each food service packaging item meets the applicable criteria in subsection 17989.5(a)(1). (A) A takeback program shall be deemed to satisfy the annual percentage recovery requirement pursuant to subsection 17989.5(a)(1)(B) if the following requirements are met, as applicable: (i) The information submitted includes the name and physical address for food service facilities dispensing food service packaging items in the takeback program or intended to be included in the takeback program.(ii) For a program that has been operating for at least one year, the information submitted demonstrates that the program met the annual percentage recovery requirement for at least one 12-month period during the five years immediately preceding the date of the application.(iii) For a program that has not been operating for at least one year, the information submitted includes the date the program began operating and demonstrates that the program's performance to date, extrapolated over an entire year, satisfies the annual percentage recovery requirement.(iv) For a program that has not yet begun operating, the information submitted includes at least the following details concerning the program: description of the food service packaging items and any other products that the program will recover; program locations and methods of recovering food service packaging items; the anticipated start date of the program; specific mechanisms for enabling and incentivizing customers to participate; plans to conduct educational outreach and marketing activities to raise awareness of the program; names of the entities that will operate or partner with the program, including recycling service providers; and performance information (e.g., recovery rates of food service packaging items and commercial values of materials), if available, concerning similar takeback programs under similar circumstances. Inclusion of a food service packaging item on the List based in part on this information shall not occur until the manufacturer informs the department that the takeback program has begun operating, and the inclusion shall be conditional, such that the item shall be removed from the List unless the manufacturer supplements its application with information demonstrating that the program's performance, extrapolated over an entire year, satisfies the annual percentage recovery requirement. Such supplemental information shall be provided no later than seven months after the program began operating.(v) For a takeback program that has not been in operation for at least one year or has not begun operations at the time of the application, inclusion of a food service packaging items on the List based in part on their inclusion in the takeback program shall be conditional, such that the item shall be removed from the List unless the manufacturer supplements its application with information demonstrating that the program satisfied the annual percentage recovery requirement over a 12-month period. Such supplemental information shall be provided no later than 14 calendar months after the program began operating.(2) For any food service packaging items that are plastic, plastic-coated, or plastic-containing, documentation demonstrating that the items meet the requirements of ASTM D6400-19 or ASTM D6868-19, as applicable pursuant to subsection 17989.5(a)(2)(A), as shown by results from tests completed no more than five years prior to the application submittal date. If an applicant submits documentation for a group of food service packaging items, the applicant must explain how the documentation is representative of the group of food service packaging items.(3) For any food service packaging items that are plastic, plastic-coated, or plastic-containing, a copy of the ASTM D6400-19 or ASTM D6868-19 test report, as applicable pursuant to subsection 17989.5(a)(2)(B), showing the percent biodegradation achieved at 60 days for the food service packaging item or group of items. If an applicant submits a test report for a group of food service packaging items, the applicant must explain how the test report is representative of the group of food service packaging items.(4) Test results from an ISO/IEC 17025:2017 accredited laboratory that demonstrate compliance with subsection 17989.2(a)(3), as applicable. Tests shall be completed no more than six months prior to the application submittal date and shall specify the analytical method and instrumentation used to quantify the results. If an applicant submits test results for a group of food service packaging items, the applicant must explain how the test results are representative of the group of food service packaging items.(5) A statement that the food service packaging item or group of items satisfies the requirements of subsection 17989.5(a)(3).(f) The department shall review submitted applications in the order in which they are received and as follows: (1) The department shall review each application to determine if it is complete. For purposes of this review, "complete" means that all documentation and information required by this Section has been submitted. (A) Within 30 days of receipt, the department shall notify the food service packaging manufacturer whether the application is complete.(B) If the department determines that an application is incomplete, the department shall notify the food service packaging manufacturer of this determination, specify the basis for the determination (e.g., description of materials does not include sufficient identifying characteristics), and allow 30 days for the manufacturer to provide additional information and documentation in support of the application.(2) The department shall evaluate each complete application to determine whether a food service packaging item or group of items meets the applicable requirements of this Article.(A) Upon approval, the department shall add the food service packaging item or group of items to the List and notify the food service packaging manufacturer.(B) Before finalizing a determination that a food service packaging item or group of items does not meet the applicable requirements in this Article, the department shall notify the food service packaging manufacturer of the basis for the department's preliminary determination. Within 30 days of receiving such notification, the food service packaging manufacturer may provide additional documentation and information to supplement its application, and the department shall consider such supplemental documentation and information prior to finalizing its determination.(3) The department shall maintain the confidentiality of information submitted in each application to the extent required by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), Section 40062 of the Public Resources Code, and Article 4 of Chapter 1 of this Division (commencing with Section 17041).(g) A food service packaging manufacturer shall submit a new application to the department for evaluation prior to continued sale of that food service packaging item a food service facility if a change, other than an aesthetic change, is made to an approved food service packaging item.Cal. Code Regs. Tit. 14, § 17989.6
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, 42370.3, 42370.4 and 42370.5, 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.