SB 54 establishes an extended producer responsibility (EPR) program governing packaging and single-use plastic food service ware. The program is intended to shift responsibility for materials at the end of their useful life toward the businesses that produce and market them, while encouraging the development of products that can be more readily reused or recycled.
The program is administered through designated “producers” and “covered materials.” Producers are responsible for complying with the law’s reporting and fee requirements, while covered materials are the types of packaging and other products subject to EPR requirements. Producer fees are generally determined by the type and quantity of covered packaging placed into the marketplace.
California uses these fees to support the Plastic Pollution Mitigation Fund, which provides funding to help manage covered materials, improve recycling infrastructure, and promote the use of packaging that is more readily recyclable. Producers generally fulfill their obligations through a third-party Producer Responsibility Organization (PRO), which oversees registration, reporting, and fee collection. Circular Action Alliance (CAA) currently serves as the PRO for California, although producers may technically comply with the requirements independently.
The EPR program does not apply uniformly to every material or business. SB 54 contains specific definitions and exclusions that determine which materials qualify as “covered materials” and which businesses are considered “producers.” As a result, certain materials and entities, including some agricultural businesses and materials, may not be subject to the program.
SB 54 requires producers of single-use packaging and plastic single-use food service ware to participate in California’s statewide extended producer responsibility (EPR) system. Rather than placing the costs of managing these materials at the end of their useful life primarily on consumers and local governments, the law assigns those costs to the companies that introduce covered materials into the California market.
Producers fulfill their obligations through a Producer Responsibility Organization (PRO), with the Circular Action Alliance (CAA) designated as the organization responsible for administering California’s program. The Packaging Extended Producer Responsibility System (PEPRS) supports implementation by providing a platform for producer registration, reporting, document submission, and compliance monitoring.
California is one of several states that have adopted similar EPR requirements for packaging. Oregon, Colorado, Maine, Minnesota, Maryland, and Washington have enacted comparable laws, with programs generally requiring producers to work through a PRO, report information about covered materials, and pay fees that support recycling infrastructure and waste management.
SB 54 does not apply to every agricultural business or packaging material in the same way. The law provides several exclusions, exemptions, and extensions that may allow certain businesses to avoid or delay specific requirements. See the CalRecycle Extensions, Exemptions, and Exclusions Homepage for guidance on application submittals.
First, what is the difference? Exclusions are available for certain businesses who package material but do not produce the packaging itself. Businesses that do not qualify for an exclusion may have other options. An exemption, for example, may provide temporary relief for businesses using covered packaging that does not yet meet the applicable recycling requirements. This option is intended to give businesses additional time to transition to compliant packaging and generally remains in effect for two to five years. Exemptions are different from exclusions and are expected to result in higher producer fees. Applications for exemptions are submitted through the Circular Action Alliance (CAA): https://circularactionalliance.org/
Conditions for exclusions:
- Field-Packed Produce
- Growers may qualify for an exclusion when they produce, harvest, and package a commodity at the same location where it is grown. Under Public Resources Code § 42041(a)(4), these growers are not considered “producers” of the covered material and are therefore not required to register under SB 54 when they only field pack their products.
- The exclusion applies to the grower and does not necessarily remove the packaging itself from SB 54. Packaging used for field-packed produce may still qualify as a “covered material,” meaning another entity further along the supply chain could potentially be considered the producer responsible for that packaging.
- Packaging Added at a Warehouse
- Different requirements may apply when additional packaging is added after the commodity leaves the field. If covered material is added to a product at a warehouse before it is shipped, the business responsible for adding that material may potentially be considered the producer under SB 54.
Helpful Links:
- SB 54 Covered Material Main Page
- CalRecycle Producer Main Page
- Identifying Covered Materials
- Are You a Producer? A situational screening tool for California’s packaging law
- Guidance for Submitting a Categorically Excluded Materials Notice for Food and Agricultural Commodity Packaging
- Covered Material Categories Reporting Guidance
- Source Reduction Reporting Guidance
- Within 30 days of final regulations – Submit Exclusion or Exemption notices to Circular Action Alliance
- June 1, 2026 – Producer registration deadline (to avoid penalties)
- August 1, 2026 – Source Reduction Plan due
- June 30, 2022: Gov Newsom Signs SB 54
- July 1, 2023: CalRecycle Makes Advisory Board Appointments
- September 2023: CalRecycle Releases PRO Application
- January 1, 2024 PRO Application Deadline
- January 5, 2024: CAA was selected by CalRecycle as the state’s inaugural, Single PRO.
- July 1, 2024: CalRecycle publishes the Covered Materials Categories List
- December 31, 2024 CalRecycle published the plastic source reduction baseline and the Source Reduction Baseline Technical Report, outlining the methodology that informed the development of the baseline.
- January 1, 2025 Deadline for Producers of Expanded Polystyrene Food Service Ware to Demonstrate 25% Recycling Rate to CalRecycle
- November 15, 2025 Reporting Data Due
- On May 1, 2026, the SB-54 regulations were finalized.
- June 2, 2026 Guidance on Registration and Application Submittals
- June 15, 2026 CAA submitted the draft California EPR Program Plan to the SB 54 advisory board and opening a public comment period until Aug. 14, 2026.
- July 8, 2026 Public Webinar to Introduce the Program Plan
- June 17 Webinar on Organic Waste Reduction Law (SB 1383) and SB 54
- July 23 Update on non CRV cartons
- August 14, 2026 SB 54 Advisory Board Reviews Plan and Offers Written Comments
- January 1, 2027 CalRecycle deadline to approve and begin enforcement of PRO plan.
- March 1, 2027 PRO remits First California Plastic Pollution Mitigation Fund Fees
- July 1, 2027 PRO remits First Administrative Fees to CalRecycle
Illustrative fee rates are preliminary estimates and should not be considered final. These non-binding ranges are intended to give producers a general basis for planning and budgeting, while also encouraging early consideration of source reduction, reuse, and refill strategies before the program plan is approved and final fees are established.
CAA will continue refining the factors used to calculate the fees, including its five-year budget projections, before submitting the final program plan to CalRecycle in October 2026.
Where to Find Official Guidance CalRecycle will post additional instructions and submission details on the SB 54 Main Page: https://calrecycle.ca.gov/packaging/packaging-epr/
Where to Register (If You Are a Producer) To assist entities with transitioning into program implementation, CalRecycle published a new webpage for Producers. If you determine you are a producer, registration is required through: https://secure.calrecycle.ca.gov/PEPRS/Account/SignIn
All obligated producers must register with the CAA by June 1. Failure to do so could result in enforcement actions and penalties.
- Producer Registration Page: https://circularactionalliance.org/registration
- Registration Portal: https://www.circularactionportal.org/producers/s/producer-registration
CAA California Overview: https://circularactionalliance.org/california
The Circular Action Alliance (CAA) serves as the Producer Responsibility Organization (PRO) for California’s EPR program. As part of its responsibilities, CAA submits lists of registered producers to state agencies and provides support for program compliance and reporting requirements. Producers that fail to register may not have access to CAA’s compliance resources, data reporting guidance, and other program functions.
CAA has also developed a proposed California EPR Program Plan outlining how the program would be implemented and administered. The plan remains subject to review and approval by CalRecycle.
Additional information on the role and responsibilities of a PRO is available under California Public Resources Code § 42061.5. The California Farm Bureau Federation, along with other agricultural organizations, submitted comments on the proposed program plan on August 14, raising concerns and recommendations regarding implementation of the EPR program.
Helpful links:
- The draft of Producer Responsibility Organization Plan could be found here: California EPR Program Plan
- Definitions for a PRO and its duties can be found here: California Public Resources Code § 42061.5 (2022) :: 2022 California Code :: U.S. Codes and Statutes :: U.S. Law :: Justia
Staff contact: Daniella Legostaev, dlegostaev@cfbf.com
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