The Vision Council Government & Regulatory Affairs Update

The Vision Council’s Government and Regulatory Affairs team would like to bring your attention to an emerging issue we are closely monitoring for our members. As always, we appreciate the opportunity to inform you.The state of California is taking steps to identify substances it deems recyclable. Those substances will then support claims that products are biodegradable or recyclable.

On October 5, 2021, California Governor Gavin Newsom signed Senate Bill 343. This California Recycling Law will, as early as 2024, prohibit anyone from offering for sale, selling, distributing, or importing a product or packaging if a misleading representation is made that the product and/or its packaging is recyclable. Therefore, if you use the recycling symbol (see below), or otherwise suggest that the good or the good’s packaging are recyclable and it is not, then it would be considered a deceptive or misleading advertisement or claim. Although, if the goods or the packaging is recyclable, then you would need to maintain records for verification.

Furthermore, the state of California has the authority to determine what is “recyclable”. On or before January 24, 2024, the CalRecycle agency (California’s version of the Environmental Protection Agency), must conduct a study of the types of materials and forms collected, sorted, sold, or transferred by its solid waste facilities. As of now, there are no determinations as to any material types or forms that have been made and according to the statute, once those decisions are made, there will be an 18-month window to come into compliance for your individual packaging and products.

Based on that information, here are some details and examples on if a product or its packaging will be considered recyclable or not:

1. A product or packaging will not be considered recyclable if it includes components, inks, dyes, adhesives, or labels that prevent its recyclability.
2. It will not be considered if it includes certain intentionally identified chemicals.
3. It will not be considered if it contains plastic or fibers that contain PFAS (a group of forever chemicals) intentionally added with a functional or technical effect at or greater than 100 ppms organic fluorine.

We will continue to monitor this law and make necessary updates as they become available. If you have any questions in the meantime, please contact the Government and Regulatory Affairs team using the form located here, or contact me at thartman@thevisioncouncil.org.