On May 1, 2026, California's Office of Administrative Law approved CalRecycle's regulations implementing SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act. The regulations took effect upon filing, requiring covered producers to act by June 1, 2026. By June 1, producers must choose one of three compliance pathways:
- Register with Circular Action Alliance (CAA), California's approved Producer Responsibility Organization, and submit required supply data. For producers joining CAA, 2023 supply data is due with the application
- Register with CalRecycle and apply to comply independently
- Register with CalRecycle and apply for a small-producer exemption, if eligible
For most producers, registering with CAA will be the simplest path. Registration also affects near-term reporting: only registered producers can access CAA's reporting portal, and CAA currently lists May 31, 2026 as the deadline for CY2025 annual supply and source-reduction reports.
What the Final Regulations Do
The final regulations move California's packaging EPR program from statute to implementation. They define key terms, clarify covered materials and producer responsibility, establish registration and reporting requirements, govern PRO and independent-producer plans, address recyclability and composability determinations, and create exemption processes.
SB 54 applies to producers of covered materials, including single-use packaging and plastic food service ware. The law imposes registration, reporting, fee, recycling, source-reduction, and recyclability or composability obligations. By 2032, covered materials must be recyclable or compostable, plastic-covered material must achieve a 65% recycling rate, and producers must reduce plastic-covered material by 25% from the 2023 baseline.
Producer Status: Familiar Hierarchy, More Granular Allocation Rules
Like other packaging EPR laws, SB 54 generally assigns responsibility first to the brand or trademark owner or licensee. The final regulations apply that hierarchy to complex supply-chain scenarios.
For example, a company does not become a producer merely because it manufactures or sells empty packaging. Responsibility generally attaches when covered material accompanies a product placed into California commerce. The regulations also allow split responsibility. For example, a brand owner may remain responsible for original product packaging, while a downstream seller may be responsible only for additional transport or tertiary packaging it later adds.
Near-Term Reporting Requirements
At registration, producers must report baseline supply data for calendar year 2023 because SB 54 uses 2023 as the statutory baseline year. Separately, because annual reporting begins in 2026 and covers the prior calendar year, CAA's current schedule lists May 31, 2026 as the deadline for:
- CY2025 annual supply reports and
- CY2025 annual source-reduction reports
That May 31 date aligns with CAA's 2026 reporting schedule for other CAA-administered packaging EPR programs, including Colorado, Oregon, Minnesota, Maryland, and Washington. Maine remains on a separate stewardship-organization timeline.
What Companies Should Do Now
Companies that place packaged products or plastic single-use food service ware into California should promptly:
- Assess whether SB 54 treats them as a "producer"
- Determine whether their packaging qualifies as covered material
- Identify applicable exemptions
- Gather 2023 and 2025 supply and source-reduction data and
- Register promptly, submit required CAA reports by May 31, and complete the applicable California compliance pathway by June 1
Venable's Food and Drug Law team helps companies assess SB 54 applicability, prepare producer registrations and reports, and develop compliance strategies for California and other state EPR programs. Please contact the authors for assistance.