California packaging EPR law: producer compliance guide
California's SB 54 (2022) is the largest U.S. packaging EPR program: CAA's final draft program plan, submitted to CalRecycle on October 13, 2026, proposes a 2027 budget of $1,105 million, to be financed through producer fees and including the $500 million a year environmental mitigation surcharge the PRO owes under PRC 42064(e)(1). Administered by CalRecycle in partnership with the Circular Action Alliance (CAA), the program requires registration, annual supply reporting, and ongoing per-CMC fees beginning in 2027.
California program fees begin in 2027. Amounts shown are CAA's preliminary 2027 rates (October 1, 2026), which are non-binding until CalRecycle approves the program plan, with the 3¢ reuse and 26¢ PPMF fees per pound folded in for plastics. The 0.1¢ PPMF fee per plastic component is extra. For program year 2026, CAA invoiced the six flat rates of its 2026 Early Fee Schedule.
The 2026 early fee and the 2027 per-CMC fees
California has two distinct fee instruments. CAA published the 2026 California Early Fee Schedule on July 20, 2026: six flat per-pound rates covering program year 2026 (Glass and Ceramics 0.3 c/lb, Metal 0.8 c/lb, Paper/Fiber 0.4 c/lb, Plastic Rigid 1.3 c/lb, Plastic Flexible 2.5 c/lb, Wood and Other Organic Materials 0.8 c/lb). CAA scheduled the Early Fee invoices for the week of August 17, 2026, calculated from 2025 supply data, with payment due within 45 days of the invoice date (CAA producer bulletin, August 2026), as one installment (CAA 2026 Producer Report Planning table); the schedule was revised August 25, 2026 with no change to any rate. That is the early fee a California producer pays for program year 2026. CAA published the ongoing per-CMC schedule that starts in 2027 in preliminary form on October 1, 2026, and the fee calculator on this site prices those 2027 rates by default, or the 2026 early fee when the rate year is set to 2026.
Penalties and the 2032 recyclability requirement
California has the highest fixed per-day civil penalty ceiling that can apply today in any U.S. packaging EPR state, an administrative civil penalty of up to $50,000 per day per violation under PRC 42081(a)(1), reduced to $25,000 per day for producers meeting the small-producer criteria in PRC 42060(a)(5). Penalties do not begin accruing until 30 calendar days after notice of the violation (PRC 42081(a)(3)). Minnesota's $50,000 and $100,000 repeat-violation tiers (Minn. Stat. 115A.1462(c)) apply only within five years after a stewardship plan is approved, and the first plan is not due until October 1, 2028. California also requires all covered material sold in the state from January 1, 2032 to be recyclable in the state or eligible to be labeled compostable (PRC 42050(b)).
Registration and the small producer exemption
Three registration pathways exist: joining CAA, registering independently through PEPRS, or applying for a small producer exemption. PRC 42060(a)(5)(A) measures total gross sales in the state, not California sales of covered materials, so a large company with a modest packaging footprint does not qualify however little covered material it places. The exemption is also not automatic and not a full exit. It relieves the producer of the chapter's requirements except the PRC 42050(b) duty that covered material be recyclable or compostable from January 1, 2032. The producer must keep its registration current (14 CCR 18980.5.2(e)), and an approved exemption lasts two years and is renewed by filing between 120 and 90 days before it expires (14 CCR 18980.5.2(b), (c)). Under PRC 42060(a)(5)(B), CalRecycle may refuse it outright where granting it would hinder a covered material category from complying (PRC 42060(a)(5); 14 CCR 18980.5.2).
Where a sale counts as a California sale
PRC 42041(w)(5) says that, for purposes of the whole chapter, a sale of covered materials is deemed to occur in the state if the covered materials are delivered to the purchaser in the state. Because that scope is chapter-wide, it may bear on where sales count toward the small producer threshold, although that threshold measures total gross sales in the state rather than sales of covered materials. A producer delivering to an out-of-state distributor that then ships into California is still the producer if it is in the state under 14 CCR 18980.1.1(a). The obligation applies when the producer's covered material is sold or distributed in the state by any person (14 CCR 18980.5(b)), and the seller and distributor tier at PRC 42041(w)(3) applies only where no producer exists under (w)(1) or (w)(2).
Source reduction targets and the ISRP
The program also sets source reduction targets for plastic packaging (10% by 2027, 20% by 2030, and 25% by 2032 against a 2023 baseline), with Individual Source Reduction Plans (ISRPs), which were due to CAA by August 3, 2026.
Fee schedule by material
California’s 2027 rates include CAA’s two passive eco-modulation factors; the other eco-modulation values are not yet set.
California 2027 amounts are CAA’s preliminary rates (October 1, 2026), non-binding until CalRecycle approves the program plan, with the 3¢ reuse and 26¢ PPMF fees per pound folded in for plastics. The 2026 column is the 2026 early fee rate for each material’s class.
Material / Packaging Type
2027 Rate / Metric Ton (preliminary)
2026 Early Fee / Metric Ton
Tier
Aluminum non-aerosol containers (25_M1N)
$22
$18
Tier 1
PET (#1) bottles, jugs, and jars, clear (25_P1P)
$904
$29
Tier 4
HDPE (#2) bottles, jugs, and jars, natural (25_P6P)
$860
$29
Tier 4
Tin/steel/bimetal non-aerosol containers (25_M6N)
$44
$18
Tier 1
Paperboard, all forms, no plastic component (25_PF10N)
$110
$9
Tier 1
Cardboard, no plastic component (25_PF9N)
$66
$9
Tier 1
HDPE (#2) bottles, jugs, and jars, pigmented (25_P7P)
$926
$29
Tier 4
PP (#5) bottles, jugs, and jars (25_P17P)
$992
$29
Tier 4
Glass bottles and jars, no plastic component (25_G1N)
Tier groups the newest rate in each row into this site’s bands (Tier 1 under $200, Tier 2–3 from $200 to $599, and Tier 4 at $600 or more per metric ton). It is not a program term. Each California row shows the rate for the one CAA covered material category named in the row.
Eco-modulation factors
◐ SignaledDescribed in an official source (statute, draft rule, or CAA plan) but not yet final, or specific values not yet set.
Source: CAA California Program Plan, final draft submitted to CalRecycle on October 13, 2026, Chapter 10 (Eco-Modulation) and Chapter 6 (Source Reduction); nine PRC 42053(e) factors, proposed and phased. The two passive factors are 5 percent each for 2027 in the plan and in the preliminary 2027 schedule (CAA 2027 California Producer Fees Schedule, October 1, 2026, Passive Eco-Modulation Factors). Both are proposed and are not operative unless CalRecycle approves the plan.
Fee reductions (bonuses)
High-recycling-rate bonus (2027): 5 percent off the base fee, applied passively to the categories the plan lists (Table 4), those with a recycling rate of at least 30 percent on CalRecycle's list that are not designated non-recyclable or non-compostable, and built into the preliminary 2027 ratesSource-reduction bonus (2027 supply): $500 a ton for reducing plastic below your 2026 supply (Tier 1) and $1,500 a ton below your 2023 baseline (Tier 2), earned on 2027 data and paid on 2029 invoicesReuse and refill bonus (2027 supply): $500 a ton of single-use plastic avoided through an eligible reuse program, paid on 2029 invoicesPCR content bonus (2027 supply): per ton of APR-certified post-consumer recycled plastic above the 2023 baseline, proposed at $500 for PET and PP, $400 for colored HDPE, $100 for other polymers, and $20 for natural HDPE and LDPE, paid on 2029 invoicesEco-design bonus (2029+): active bonus for packaging redesigned to a recognized design-for-recyclability guideRenewable and compostable materials (2029+): CAA deferred a factor for renewable materials used to make plastic to 2029 program year fees, and deferred its decision on certified compostable materials without toxic additives to the 2029 program year
Fee increases (maluses)
Not recyclable or compostable malus (2027): 5 percent added, applied passively to categories CalRecycle designates as neither recyclable nor compostable (e.g., PVC), and built into the preliminary 2027 ratesVirgin plastic malus (2027 supply): estimated at $100 a ton on all virgin plastic, forecast at $150 for 2028 and $200 for 2029, to fund the source-reduction bonusesDetrimental packaging features malus (2029+): active malus on features CAA will list each year, such as undetectable carbon black, oxo-degradable additives, and PVC elements (producer self-attestation, subject to audit); CAA does not intend to add eco-modulation factors for 2028Hazardous materials and toxics (2029+): presence of hazardous materials, toxic heavy metals, pathogens, or additives in the packaging (PRC 42053(e))
Multiplier floor: The two passive factors are 5 percent each for 2027; the plan says bonuses must not exceed a producer's total payable base fees (section 10.5.1), and its source reduction, reuse, and PCR incentives are proposed values in dollars per ton
California eco-modulation is proposed in the final draft program plan CAA submitted to CalRecycle on October 13, 2026 (Chapter 10), and is phased; it is not operative unless CalRecycle approves the plan. For 2027 fees, a passive 5 percent bonus applies to the Table 4 categories (a recycling rate of at least 30 percent, excluding any designated non-recyclable or non-compostable) and a passive 5 percent malus to categories CalRecycle designates as neither recyclable nor compostable (such as PVC), both built into the preliminary 2027 rates CAA published on October 1, 2026. The plan also proposes per-ton source reduction, reuse, and PCR bonuses on 2027 supply, paid on 2029 invoices and funded by an estimated malus of $100 a ton on all virgin plastic. CAA does not intend to add eco-modulation factors for 2028. Beginning with 2029 program year fees it intends to add active factors, including an eco-design bonus, a malus on detrimental packaging features such as undetectable carbon black, and a malus on hazardous materials and toxic additives. The June 2026 draft had proposed the packaging-features malus for 2028, likely starting at 10 percent. California's features malus is distinct from Oregon, which remains bonus-only with no malus this cycle. Separately, plastic producers face Plastic Pollution Mitigation Fund (PPMF) fees projected to raise about $5 billion over 10 years, plus a 2032 recyclability/compostability mandate.
Litigation status
California has three active cases. (1) State of Nebraska et al. v. Heller et al., the 17-state and NAW challenge (E.D. Cal., No. 2:26-cv-02214, Judge Dena M. Coggins, filed June 22, 2026): challenges SB 54 itself under the Commerce Clause, the Import-Export Clause, due process, and the First Amendment, including counts for compelled speech and association and improper private delegation (the First Amended Complaint, ECF 42, filed August 19, 2026, adds a due process vagueness count), and seeks to enjoin enforcement. A First Amended Complaint and a preliminary injunction motion were entered August 19, 2026, and the court set a hearing on that motion for January 15, 2027, after the January 1, 2027 California program start. Director Heller moved on October 23, 2026 to dismiss the First Amended Complaint (ECF 60); no injunction has issued, so all SB 54 obligations remain in effect. The earlier 2:26-at-01047 was the court’s temporary case number for the new filing, used before the permanent number issued, and the case docket is public. (2) Oceana / NRDC / Californians Against Waste v. CalRecycle (S.F. Superior Court, filed June 2, 2026): challenges the implementing regulations (effective May 1, 2026) as inconsistent with SB 54 and arbitrary, including how they define significant amounts of hazardous waste for recycling technologies, relief for federal conflicts granted for an indefinite period without a CalRecycle finding that a conflict exists, and the incorporation of ISO 59014. It attacks the regulations and does not seek to stop the program. (3) SB 343 labeling challenge (California League of Food Producers v. Bonta, filed March 17, 2026, Case 3:26-cv-01675): targets the separate "chasing arrows" labeling law; on October 8, 2026 the plaintiffs moved to add claims against SB 54 (ECF 35). On July 14, 2026 the court granted a preliminary injunction (ECF 24) enjoining Attorney General Bonta "and all those in privity or acting in concert with" him from enforcing SB 343 until further order. Four provisions were held likely unconstitutionally vague and each was found severable, but severance did not save the remainder: the court found plaintiffs likely to succeed on their claim that the law fails First Amendment intermediate scrutiny on the third and fourth Central Hudson steps both as enacted and as severed, so the 60 percent collection-and-sorting threshold survives as text and is enjoined with the rest. SB 343 is also enforceable by local jurisdictions (PRC 42358(a) and (b), per CalRecycle’s SB 343 FAQ), and Business and Professions Code remedies may also be available (42358(c)). The order does not address whether those actors are bound, so treat non-AG enforcement as unresolved rather than enjoined. No security bond was required. The ruling is preliminary and the case continues in the district court. The court's August 25, 2026 order (ECF 31) set a joint discovery plan due October 19, 2026 and an early neutral evaluation with case management conference on October 28, 2026; a September 23, 2026 order (ECF 33) granting the parties’ joint motion to continue moved the joint discovery plan to October 26 and the early neutral evaluation and case management conference to November 4, 2026 at 1:30 p.m.; an October 23, 2026 order on a motion to continue (ECF 37), whose text is not on the free docket, may have moved those dates. In a separate motion (ECF 35), noticed for November 9, 2026, the plaintiffs asked for leave to add claims against SB 54 and to name the CalRecycle and CDTFA directors as defendants. SB 343 scope: the labeling restrictions attach to the date of manufacture, not the date of sale. CalRecycle states they apply to products and packaging manufactured after October 4, 2026, and that packaging manufactured before that date is not subject to them regardless of when it is sold, so stock already made is permanently outside the rule. The injunction bars the Attorney General from enforcing the October date, and whether local jurisdictions or private plaintiffs are also bound is unresolved. CalRecycle's own page now says the October 4, 2026 compliance deadline "may be impacted by ongoing litigation" in CLFP v. Bonta and that the injunction "only blocks enforcement of SB 343" (accessed September 24, 2026). What is not affected: none of these cases pauses registration, reporting, source-reduction, or fee obligations. Sources: CLFP v. Bonta, ECF 24 (S.D. Cal., Jul 14, 2026), the preliminary injunction order; CourtListener docket 72503977; Packaging Dive, Waste Dive, Recycling Today (Jun 2026); Resource Recycling (Jun 5, 2026); National Law Review (Jun 2026).
Program plan status
Confirmed
Plan submitted: Yes. CAA submitted its draft five-year California Program Plan to the SB 54 Producer Responsibility Advisory Board on June 15, 2026, revised June 18, 2026. CAA submitted the final draft plan to CalRecycle on October 13, 2026.
Agency approved: Not yet. CAA's schedule has CalRecycle approving the plan on or before January 1, 2027, and the plan says CAA will implement the approved plan within 90 days of CalRecycle's approval (section 11.2.5).
Where it stands: Public comment closed August 14, 2026. CAA published preliminary 2027 rates on October 1, 2026, and it submitted the final draft plan to CalRecycle on October 13, 2026.
Next milestone: CalRecycle must act on the final draft plan within 75 calendar days of receiving it (14 CCR 18980.6.1(b)(2)), and CAA's schedule has approval on or before January 1, 2027.
Source: Circular Action Alliance California program plan page; CalRecycle SB 54 program page; CAA release, October 13, 2026; CAA California Program Plan, final draft submitted to CalRecycle October 13, 2026. Agency program page →
California’s final draft plan on one page
This one-page summary shows what changed for producers in the final draft program plan CAA submitted to CalRecycle on October 13, 2026. It covers the dates to the first invoice, the changes from the June draft, the 2027 bonus, malus, and incentives, and what to do now, all of it proposed until CalRecycle approves the plan.
Your download is ready. The one-pager comes with your free EPR Atlas account.
California’s 2027 bonus and malus categories
CAA’s final draft plan lists the categories that would get the 2027 passive bonus (Chapter 10, Table 4) and the categories that would pay the 2027 passive malus (Table 5). Both lists are proposed and are not operative unless CalRecycle approves the plan. They come from CalRecycle’s 2026 CMC list, and the plan says each annual update of that list will inform the next year’s lists. For 2027 the bonus is 5 percent and the malus 5 percent of the base fee, and CAA’s October 1, 2026 schedule says its 2027 rates already include both factors.
Categories eligible for the 2027 bonus
CMC
Category
Recycling rate shown
25_G1N
Glass - Bottles and Jars w/o plastic component
65%
25_G1P
Glass - Bottles and Jars w/ plastic component
65%
25_G3N
Glass - Small - Two or more sides measuring 2” or less w/o plastic component
65%
25_G3P
Glass - Small - Two or more sides measuring 2” or less w/ plastic component
Tin/Steel/Bimetal - Other Forms w/o plastic component
<45%
25_M8P
Tin/Steel/Bimetal - Other Forms w/ plastic component
<45%
25_PF10N
Paper/Fiber - Paperboard - All Forms w/o plastic component
30%
25_PF10P
Paper/Fiber - Paperboard - All Forms w/ plastic component
30%
25_PF11N
Paper/Fiber - White Paper - All Forms w/o plastic component
71%
25_PF11P
Paper/Fiber - White Paper - All Forms w/ plastic component
71%
25_PF12N
Paper/Fiber - Other/Mixed Paper - All Forms w/o plastic component
71%
25_PF12P
Paper/Fiber - Other/Mixed Paper - All Forms w/ plastic component
71%
25_PF1N
Paper/Fiber - Kraft Paper - All Forms w/o plastic component
30%
25_PF1P
Paper/Fiber - Kraft Paper - All Forms w/ plastic component
30%
25_PF9N
Paper/Fiber - Cardboard w/o plastic component
68%
25_PF9P
Paper/Fiber - Cardboard w/ plastic component
68%
The plan names two exceptions under Table 4. Categories CalRecycle designates non-recyclable or non-compostable are not eligible, with Glass Other Forms as its example: “CMCs that are deemed to be non-recyclable or non-compostable based on Cal Recycle determinations (ex. 25_G2N and 25_G2P - Glass - Other Forms w/ and w/o plastic components) are not eligible for the passive bonus.” Categories with high commodity values may not be eligible: “CMCs with high commodity values that more than cover their base fees may not be eligible for the passive bonus.”
Categories that pay the 2027 malus
CMC
Category
Recyclable
Compostable
25_C1N
Ceramic - All Forms w/o plastic component
No
No
25_C1P
Ceramic - All Forms w/ plastic component
No
No
25_C2N
Ceramic - Small - Two or more sides measuring 2” or less w/o plastic component
No
No
25_C2P
Ceramic - Small - Two or more sides measuring 2” or less w/ plastic component
No
No
25_G2N
Glass - Other Forms w/o plastic component
No
No
25_G2P
Glass - Other Forms w/ plastic component
No
No
25_M12P
Metal - Small - Two or more sides measuring 2” or less w/ plastic component
No
No
25_PF14P
Paper/Fiber - Molded Fiber - All Forms w/ plastic component
No
No
25_PF16P
Paper/Fiber - Small - Two or more sides measuring 2” or less w/ plastic component
Paper/Fiber - Multi-Material Laminate - Other Forms w/ plastic component
No
No
25_P10P
HDPE (#2) - Flexible and Film Items
No
No
25_P12P
PVC (#3) - Flexible and Film Items
No
No
25_P15P
LDPE (#4) - Clear Non-Bag Film
No
No
25_P16P
LDPE (#4) - Other Flexible and Film Items
No
No
25_P21P
PP (#5) - Clear Non-Bag Film
No
No
25_P22P
PP (#5) - Other Flexible and Film Items
No
No
25_P29P
PS (#6) - Flexible and Film Items
No
No
25_P33P
Multi-Material Laminate - Other Forms
No
No
25_P34P
Other/Mixed Plastics - Textiles
No
No
25_P36P
Other/Mixed Plastics - Flexible and Film Items
No
No
25_P45P
Plastics and Polymers Designed for Compostability - Flexible and Film Items
No
No
25_P46P
Multi-Material Laminate - Pouches and Envelopes
No
No
25_P5P
PET (#1) - Flexible and Film Items
No
No
25_P47P
Plastic - Small - Two or more sides measuring 2” or less
No
No
25_P11P
PVC (#3) - Rigid Items
No
No
25_P13P
LDPE (#4) - Bottles, Jugs and Jars
No
No
25_P14P
LDPE (#4) - Other Rigid Items
No
No
25_P19P
PP (#5) - Utensils
No
No
25_P23P
PS (#6) - Expanded/Foamed Hinged Containers, Plates, Cups, Tubs, Trays, and Other Foamed Containers
No
No
25_P27P
PS (#6) - Utensils
No
No
25_P35P
Other/Mixed Plastics - Rigid Items
No
No
25_P42P
PS (#6) - Other Expanded/Foamed Forms
No
No
25_P43P
PS (#6) - Solid Hinged Containers, Plates, Cups, Tubs, Trays, and Other Solid Containers
No
No
25_P44P
Plastics and Polymers Designed for Compostability - Rigid Items
No
No
25_WO1P
Wood/Organics - All Untreated Forms w/ plastic component
No
No
25_WO2N
Wood/Organics - All Treated or Painted Forms w/o plastic component
No
No
25_WO2P
Wood/Organics - All Treated or Painted Forms w/ plastic component
No
No
25_WO3N
Wood/Organics - Textiles w/o plastic component
No
No
25_WO3P
Wood/Organics - Textiles w/ plastic component
No
No
25_WO4P
Wood/Organics - Other Forms w/ plastic component
No
No
25_WO6P
Wood/Organics - Small - Two or more sides measuring 2” or less w/ plastic component
No
No
The EPR Atlas fee calculator and unit calculator read these same lists and mark the factor on each California 2027 row; they do not apply it a second time, because the October 1 rates already include it.
Source: CAA California Program Plan as submitted to CalRecycle on October 13, 2026, Chapter 10, section 10.5.2.2: Table 4 (PDF page 362) and Table 5 (PDF pages 363 to 365); CAA 2027 California Producer Fees Schedule (October 1, 2026), Passive Eco-Modulation Factors.
Reporting deadlines and program dates
Mar 7, 2025
Gov. Newsom directs CalRecycle to restart SB 54 rulemaking
Mar 9, 2026
AB 2253 (recycled content claims) referred to committee
Late May 2026
AB 2253 passed Assembly 42-19; ordered to Senate
Jul 1, 2026
AB 2253 cleared Senate Environmental Quality 4-2; re-referred to Senate Appropriations
Jul 2, 2026
AB 2253 amended: the credit-based mass balance prohibition is struck from the bill
Aug 3, 2026
AB 2253 placed on the Senate Appropriations suspense file 7-0
Aug 13, 2026
AB 2253 out of Senate Appropriations 5-2, do pass as amended; amendment expressly permits proportional attribution (ISO 22095-2:2026); applies to all products from Jan 1, 2030
Aug 21, 2026
AB 2253 amended again in the Senate; this is the version the Assembly concurred in
Aug 28, 2026
AB 2253 passes the Senate 27-10
Aug 30, 2026
Assembly concurs in Senate amendments 42-20; to enrollment
Sep 10, 2026
AB 2253 enrolled Sep 3 and presented to the Governor; he has until Sep 30, 2026, after which an unreturned bill becomes a statute (Cal. Const. art. IV, sec. 10(b)(2))
Sep 27, 2026
Governor vetoes AB 2253 (Office of the Governor, legislative update, Sep 27, 2026)
Mar 17, 2026
SB 343 constitutional challenge filed by a coalition of trade associations and California commodity commissions (Case 3:26-cv-01675)
Jun 2, 2026
Oceana, NRDC, and Californians Against Waste sued CalRecycle over SB 54 regs (S.F. Superior Court)
Jun 3, 2026
SB 343 PI hearing held
Jul 14, 2026
Court grants PI blocking SB 343 enforcement (prelim.)
Jun 22, 2026
17-state AG coalition + NAW filed federal challenge to SB 54 (E.D. Cal.)
May 31, 2026
Three producer filings due to CAA: 2026 Baseline Producer Report (CY2023 data), Annual Supply Report (CY2025), Annual Source Reduction Report (CY2025). CAA's report-planning dates; the baseline supply data is due with the PRO application within 30 days after May 1 under 14 CCR 18980.5(b), (d), and CAA's May 2026 California guidance treats that deadline as June 1, 2026 because May 31 was a Sunday Producer action
CAA filed its draft 5-year program plan with the Producer Responsibility Advisory Board; 60-day public comment period opens (closes ~Aug 14, 2026)
Aug 3, 2026
Individual Source Reduction Plans due to CAA Producer action
Aug 14, 2026
Public comment period on the draft program plan closes Producer action
Aug 17, 2026
CAA scheduled 2026 Early Fee invoices for the week of Aug 17, calculated from 2025 supply data, payment due within 45 days of the invoice date (CAA producer bulletin, Aug 2026), as one installment (CAA 2026 Producer Report Planning table). The CAA newsletter of September 29, 2026 confirms the invoices were issued; CAA has not published the issue date Producer action
Oct 1, 2026
CAA published the preliminary 2027 California Producer Fees Schedule: a base fee for each covered material category plus, on plastic components, 3 cents per pound for reuse investment, 26 cents per pound for the PPMF, and 0.1 cent per component. The rates are non-binding until CalRecycle approves the program plan. Invoices go out 50% in January and 50% in July 2027, with the full-year PPMF portion billed in January
Oct 1, 2026
2026 Early Fee payment due on or about this date through Oct 5, within 45 days of the invoice date; CAA scheduled the invoices for the week of Aug 17, 2026 (CAA bulletin, Aug 2026), and the due date on your invoice controls Producer action
Oct 13, 2026
CAA submitted its final draft program plan to CalRecycle, for approval by Jan 1, 2027 (CAA release, Oct 13, 2026; CalRecycle Source Reduction Reporting Guidance, Aug 4, 2026)
Oct 14, 2026
Rule 26(f) meet and confer deadline in CLFP v. Bonta, the SB 343 labeling case, set by the September 23 order (ECF 33) as stated in the plaintiffs’ October 8 motion (ECF 35)
CAA Tribal listening session on its draft rural operational plan for rural, Tribal, and underserved communities (CAA newsletter, Sep 29, 2026)
Oct 23, 2026
Defendants' opposition to the preliminary injunction motion and response to the amended complaint due in Nebraska v. Heller (ECF 51); Director Heller moved to dismiss that day (ECF 60)
Oct 24, 2026
CAA comment closes on the draft California Funding and Services Agreement and project schedules
Oct 26, 2026
Joint discovery plan and confidential early neutral evaluation statements due in CLFP v. Bonta (ECF 33, as stated in ECF 35); an October 23 order on a motion to continue (ECF 37) may have moved this date, and its text is not on the free docket
Oct 28, 2026
Initial disclosures due in CLFP v. Bonta (ECF 33, as stated in ECF 35); an October 23 order on a motion to continue (ECF 37) may have moved this date, and its text is not on the free docket
Nov 4, 2026
Early neutral evaluation conference and case management conference in CLFP v. Bonta, 1:30 p.m., set by the September 23 order (ECF 33) as stated in the plaintiffs’ October 8 motion (ECF 35); an October 23 order on a motion to continue (ECF 37) may have moved this date, and its text is not on the free docket
Hearing date the plaintiffs noticed for their motion to add SB 54 claims in CLFP v. Bonta (ECF 35), with no oral argument unless the court requests it
Nov 13, 2026
Comment closes on CAA's producer responsibility plan at CalRecycle; email packaging@calrecycle.ca.gov with the subject line PRO Plan Comments (CalRecycle SB 54 page) Producer action
Jan 1, 2027
Watch for binding 2027 California rates: CAA says its preliminary rates are non-binding until CalRecycle approves the program plan, due on or before this date
Jan 1, 2027
Target date for CalRecycle approval of CAA's program plan and program start (CAA milestone list; CalRecycle source reduction guidance); CalRecycle must act on the revised plan within 75 calendar days of receiving it (14 CCR 18980.6.1(b)(2))
Mar 1, 2027
CalRecycle transmits the liable-person list and surcharge amounts to CDTFA; the $500M mitigation surcharge is due 30 days from CDTFA's assessment (PRC 42064(b), (c)(1), (e)(1)) Producer action
May 31, 2027
2026 Annual Supply Report expected, CY2026 data (CAA Reporting Policy V2.0 s.3.3 default date, unless CAA communicates otherwise or sets different launch-year requirements in the California State Addendum; no 2027 table published yet) Producer action
Jun 30, 2027
First California circular economy administrative fee due from CAA to CalRecycle, by the end of the 2026-27 fiscal year and every three months after (PRC 42053.5(a)(1))
Program notes
California has two fee instruments. The 2026 California Early Fee Schedule is published (July 20, 2026, revised August 25, 2026 with no rate change), sets six flat per-pound rates for program year 2026, and is what CAA invoices for program year 2026. The ongoing per-covered-material-category program fee begins in 2027; CAA published preliminary 2027 rates on October 1, 2026, non-binding until CalRecycle approves the program plan. The fee calculators on this site price either one, by the rate year you pick. Largest U.S. program: CAA's final draft plan, submitted October 13, 2026, proposes a 2027 budget of $1,105 million, including the $500M/year PRC 42064 mitigation surcharge. Companion SB 343 governs recyclability labeling (challenged in court Mar 2026; Attorney General enforcement enjoined Jul 14, 2026). SB 54 itself was challenged June 22, 2026 by a 17-state AG coalition plus NAW (E.D. Cal.); no injunction issued, program remains in effect. $50K/day (PRC 42081(a)(1)) is the highest fixed per-day civil penalty ceiling that can apply today in any U.S. packaging EPR state; $25K/day applies instead to small producers under PRC 42060(a)(5). Penalties do not begin accruing until 30 calendar days after notice of the violation (PRC 42081(a)(3)). Minnesota's $50,000 and $100,000 repeat-violation tiers (Minn. Stat. 115A.1462(c)) apply only within five years after a stewardship plan is approved, and the first plan is not due until October 1, 2028. Gov. Newsom directed CalRecycle to restart rulemaking Mar 7, 2025; program timeline remains on track.
Covered products scope
Single-use packaging of any material that is routinely recycled, disposed of, or discarded, plus plastic single-use food service ware (PRC 42041(e)(1)); primary, secondary, and tertiary packaging are all in scope.
Exemptions and exclusions
The following categories may be fully or partially exempt from producer obligations in California.
Verify applicability with the CAA producer portal or CalRecycle before excluding any materials from supply reports.
De minimis (small producer)Out of scopeApplication required
<$1M California gross sales. This exemption is not automatic, and producers must apply through PEPRS and receive CalRecycle confirmation. It exempts the producer from the chapter's requirements except the 2032 recyclable-or-compostable duty (PRC 42050(b)), and an exempted small producer must still keep its registration current (14 CCR 18980.5.2(e)). Approved for two years, renewal filed between 120 and 90 days before expiry.
PRC 42060(a)(5); 14 CCR 18980.5.2
Government and nonprofitNo provision
No government or nonprofit exclusion. California's producer definition carries exactly one exclusion, the on-site grower at (w)(4). A government body or charity that introduces covered material is a producer and must use the revenue-based small-producer exemption at PRC 42060(a)(5) like anyone else, which is an application rather than an automatic exit.
PRC 42041(w)(1) to (w)(5)
Paper and wood-fiber millsNo provision
No mill exclusion. Only Minnesota and Maryland carve out mills, and they carve out the same two categories.
PRC 42041(w)
Restaurant and single-location retailNo provision
No restaurant or single-retail exclusion in the producer definition.
PRC 42041(w)
Beverage manufacturer volume testNo provision
No raised volume threshold for beverage manufacturers. Oregon is the only state of the seven with one, and the ordinary de minimis test applies here instead.
PRC 42041(w) and PRC 42060(a)(5)
Alcohol licenseeNo provision
No alcohol licensee exclusion, and no on-premises alcohol carve-out in the revenue test either. Maryland is the only state that excludes alcohol licensees from the producer definition, and only those licensed under Title 2 of its Alcoholic Beverages and Cannabis Article with less than $10,000,000 in gross revenue in the preceding calendar year; Colorado and Washington carve on-premises sales out of their revenue thresholds instead.
PRC 42041(w)
B2B and transport packagingNo provision
California does not provide a general B2B exemption. SB 54 covers primary, secondary, and tertiary packaging placed on the CA market regardless of whether the sale is B2C or B2B. Producers selling exclusively to business customers are still subject to registration, reporting, and fee obligations. One adjacent relief is definitional: CAA's California guidance states that empty packaging materials not yet used by a good are not covered material, so a converter selling empties is not a producer.
PRC 42041(e)(2)(A) to (H)
Hazardous or flammable (OSHA HazCom)Out of scopeAutomatic by law
This is the broadest hazardous exclusion in U.S. packaging EPR, and the only OSHA-based one with no agency determination or labeling condition. “Packaging used to contain hazardous or flammable products classified by the 2012 federal Occupational Safety and Health Administration Hazard Communication Standard (29 C.F.R. 1910.1200).” No material limit, no agency determination required. Washington and Minnesota attach an agency determination to their OSHA-based equivalents, and no determination by either agency has been located, so those exclusions appear to be dormant. Maryland's Department has stated its criteria, but its rule limits the exclusion to primary packaging (the statute, Envir. 9-2501(l)(11), does not) and it must be claimed with supporting documents, while California's applies without a claim. 14 CCR 18980.2(b) extends the exclusion to primary, secondary, and tertiary packaging, but tertiary packaging used for other goods is covered material even if it also contains hazardous products.
PRC 42041(e)(2)(D)
DOT dangerous goodsOut of scopeAutomatic by law
A second, narrower hazard exclusion is separate from the OSHA one. (C) reaches only “Plastic packaging containers that are used to contain and ship products that are classified for transportation as dangerous goods or hazardous materials under Part 178 ... of Title 49 of the Code of Federal Regulations.” It covers plastic containers only, so a steel cylinder shipping dangerous goods is outside (C) and can be excluded only by another route, such as the OSHA test at (D). California is the only one of the seven states with a DOT-based exclusion.
PRC 42041(e)(2)(C)
Refillable LPG and pressurized containersNo provision
No LPG or pressurized-container exclusion by name. Two other routes may reach this packaging. A container that meets the reusable or refillable definition at PRC 42041(af) is not covered material under 14 CCR 18980.2(a)(3). A container whose contents are classified as hazardous or flammable under the OSHA Hazard Communication Standard is excluded by (e)(2)(D), which has no refillability condition and so can reach single-use cylinders that the other states' LPG provisions do not.
PRC 42041(e)(2)(A) to (H)
Pesticides (FIFRA)Out of scopeAutomatic by law
All packaging used to contain products regulated under FIFRA, with no material limit and no agency determination. 14 CCR 18980.2(b) reads this to include primary, secondary, and tertiary packaging, but tertiary packaging that also carries goods outside the exclusion is covered material.
PRC 42041(e)(2)(B)
Beverage containers and deposit programsOut of scopeAutomatic by law
Beverage containers subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1, from PRC 14500). This is the widest alcohol exclusion of the seven states and there is no volume ceiling: wine is a beverage at PRC 14504(a)(11), glass containers survive 14504(b)(1), and the section is operative from January 1, 2024 at (d). So a glass wine bottle of any size is out of scope in California, where the same bottle is covered in Oregon, Colorado, Minnesota, Maryland, and Washington. Whether the closure (cork, screwcap, capsule) is covered is a separate question that CalRecycle has not decided. 14 CCR 18980.1(a)(12) makes a detachable component a distinct item, including on packaging excluded from covered material, and 18980.2.2(b)(2)(A) denies de minimis status to any independent plastic component, which a plastic screwcap is. Pointing the other way, CalRecycle answered a Wine Institute rulemaking comment that named corks and capsules by saying they “may, in any event, be parts of beverage containers and therefore are not covered material” (SB 54 45-Day Comment Matrix, response to I-62-7). CalRecycle has not ruled on closures, so a plastic closure is best treated as covered material until it decides.
PRC 42041(e)(2)(E) via 14 CCR 18980.2(c), PRC 14504 and 14505
Medical, drug, and deviceOut of scopeAutomatic by law
Packaging for medical products and for products defined as devices or prescription drugs under the FD&C Act, animal medicines and animal biologics, infant formula, medical food, and fortified oral nutritional supplements (42041(e)(2)(A)(i) to (vi)). The rule defines the terms (14 CCR 18980.2(a)(4) to (6)): devices under 21 U.S.C. 321(h), prescription drugs, and medical products, meaning nonprescription drugs that are either not a cosmetic or soap, or not a drug solely because of a sunscreen active ingredient. A drug-cosmetic such as fluoride toothpaste is excluded; a cosmetic or soap that is a drug only because of a sunscreen ingredient stays covered. Dietary supplements are not excluded, apart from the fortified oral nutritional supplements in (vi). The exclusion is statutory and outright. CalRecycle's notice procedure under 14 CCR 18980.2(a)(2) applies to food and agricultural packaging, and 14 CCR 18980.2(a)(4) to (6) set no notice or application step for medical packaging. CORRECTED 2026-09-16: this entry previously said a conflict notice through PEPRS was required to claim it.
PRC 42041(e)(2)(A); 14 CCR 18980.2(a)(4) to (6)
AgriculturalEntity-side reliefAutomatic by law
Entity-side, in the producer definition rather than the (e)(2) material list, and shaped differently from Washington's, which is a revenue-capped de minimis test. PRC 42041(w)(4): "'Producer' does not include a person who produces, harvests, and packages an agricultural commodity on the site where the agricultural commodity was grown or raised." The test is conjunctive, so the person must produce, harvest, and package the agricultural commodity, and do all three on the site where it was grown or raised. That shape points at field packing, a grower boxing berries at the ranch. A person that packages anywhere other than where the crop was grown fails it. Whether a processed product counts as an agricultural commodity turns on 7 U.S.C. 5602, which 14 CCR 18980.1 adopts for (w)(4). The exclusion removes producer status and not the packaging, so under (w)(2) and (w)(3) the obligation can cascade to a brand owner or to whoever sells into the state, which makes it circular for a direct-to-consumer seller; and it is self-executing with no application and no ruling to obtain, so the producer carries the risk. This exclusion is distinct from 14 CCR 18980.2(a)(2), the food and agricultural commodity packaging exclusion, which requires a demonstrated conflict with a mandatory USDA or FDA rule and a Categorically Excluded Materials Notice. It is automatic by law where it fits.
PRC 42041(w)(4); reg 18980.2(a)(2) is a different provision
Paint stewardship containersOut of scopeAutomatic by law
Packaging associated with paint products as defined in PRC 48701. Unconditional.
PRC 42041(e)(2)(G)
Long-term storage, five yearsConditionalAgency determination
Packaging used for the long-term protection or storage of a product with a lifespan of not less than five years, “as determined by the department.” CORRECTED 2026-09-09: this entry previously stated the exclusion flat, with no mention of the department determination. The condition is in the statutory text, and 14 CCR 18980.2.2(a) implements it as a test the claimant applies and must substantiate on CalRecycle's request: the good is not ingested, irreversibly used, destroyed, or expended through ordinary use, the packaging is more commonly retained for at least five years than discarded, the good can reasonably be expected to remain usable for at least five years, and the good's use is not limited by the depletion of nonreplaceable parts or materials. Colorado's equivalent at (13)(b)(I) carries no such condition; Maryland's at .02B(16)(n) carries the same one.
An item is not covered material where the producer demonstrates to CalRecycle that it is not collected through residential recycling, does not undergo separation at a commingled processing facility, is recycled at a responsible end market, and achieved a 65 percent recycling rate for three consecutive years to January 1, 2027, then 70 percent annually demonstrated every two years. If only part of the material meets the criteria, only that portion is exempt and the rest stays covered.
PRC 42041(e)(2)(H); 14 CCR 18980.2.3
Construction and contractorsNo provision
No construction exclusion, material-side or entity-side.
PRC 42041(e)(2)(A) to (H)
Agency catch-allNo provision
No open-ended agency catch-all in the covered-material definition. The regulations add bounded routes instead. The de minimis weight or volume exclusion at 14 CCR 18980.2.2(b) can be requested by the PRO or an independent producer against six tests, and CalRecycle can also apply it to components it identifies. The food or agricultural commodity exclusion at 14 CCR 18980.2(a)(2) is claimed by written notice where USDA or FDA requirements make compliant packaging not reasonably possible. Exemptions under 14 CCR 18980.2.4 relieve covered material from compliance with PRC 42050 and 42057(i), but the material stays covered and reporting and PRO fees continue.
PRC 42041(e)(2)(A) to (H)
The small producer exemption and the commercial recycling route at PRC 42041(e)(2)(H) require an application to CalRecycle (14 CCR 18980.5.2(a), 18980.2.3(b)), and a long-term storage claim must be substantiated on CalRecycle's request (14 CCR 18980.2.2(a)), while the other statutory exclusions in PRC 42041(e)(2) apply by law. The small-producer exclusion is approved for two years and renewal must be filed between 120 and 90 days before it expires (14 CCR 18980.5.2(b), (c)); exempt producers must still keep their registration current. For a CAA participant, an approved material exemption does not end reporting: under CAA Reporting Policy s. 3.14 it must still submit a Producer Report giving gross covered-material totals including the exempt amounts. A small producer exempted under PRC 42060(a)(5) is relieved of the chapter's requirements except PRC 42050(b), and keeps its registration current.
Responsible producer
Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers for items sold at a physical retail location: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that manufactures and sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item in or into the state (RCW 70A.208.020(29)(a)(i); Md. Envir. 9-2501(p)(1)(i) and COMAR 26.04.14.02B(25)(b); Minn. Stat. 115A.1441 subd. 26(a)(1); 38 MRSA 2146(1)(O)(1)). The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer in the state that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee in the state, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w); 14 CCR 18980.1.1(a)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in three states. Colorado's rule reaches the brand owner first only where it directs or performs the manufacturing of the packaging (6 CCR 1007-2 Part 1, s18.2.2(A)(1)). In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)). Washington, Maryland, Minnesota, and Maine make the franchisor the producer where it has franchisees with a commercial presence in the state, and Colorado's rule does so where it has franchisees that operate in Colorado (RCW 70A.208.020(29)(a)(vi)(B); COMAR 26.04.14.02B(25)(g); Minn. Stat. 115A.1441 subd. 26(a)(6)(ii); 38 MRSA 2146(1)(O); 6 CCR 1007-2 Part 1 s18.2.2).
CA: PRC 42041(w) sets three tiers: (1) a manufacturer that owns or is the licensee of the brand, (2) the brand owner or, if not in the state, the exclusive licensee, and (3) whoever sells, offers for sale, or distributes in or into the state; it has no importer tier, and a sale is deemed to occur in California when the covered material is delivered to the purchaser there (42041(w)(5)). Under 14 CCR 18980.1.1(c)(3)(C) (and (d)(3)(C) for food service ware), a licensee that acquired its right to the brand under a sublicense or franchise agreement with another person in the state is not the producer; that other person, typically the in-state franchisor, is the licensee and the producer. Where the brand owner or licensee is in the state, selling to an out-of-state distributor that then ships in does not move producer status (14 CCR 18980.1.1(f)(1), 18980.5(b)); where there is no brand owner or licensee in the state, the person who first sells or distributes the good in the state is the producer (14 CCR 18980.1.1(f)(2)). For the first two tiers, 14 CCR 18980.1.1(a) treats a person as in the state if it is subject to the jurisdiction of California courts and either a summons can be served on it in California without a court order, or it has registered as a producer and consented to be considered in the state. General framework; confirm the statutory definition and your role in PEPRS before registering.
What you report and covered materials
These attributes are the fee inputs, so they are best captured at design time. CAA collects these attributes through one Producer Portal account, with a separate Producer Report for each state where the producer has signed a State Addendum, and state-specific rules still apply. Retain supporting records for at least 3 years, the minimum 14 CCR 18980.6.8(d) and 18980.7.7(d) set, to substantiate reports, exemptions, and credits.
Covered Material Category (CMC) for each component
Net weight per component, per unit (grams)
Units / volume placed on the state market in the reporting year
Post-consumer recycled (PCR) content %, with documentation
Recyclability designation (per the state list) and reuse / refill status
Format
California's Covered Material Categories (CMC) list plus CalRecycle material characterization determine recyclability (and interact with SB 343 labeling). Current vintage: the January 2026 update, 95 categories across 6 material classes, published December 31, 2025 and the first version to carry an estimated recycling rate per category. The CMC list is CalRecycle's recyclability determination for SB 54 purposes only, and CalRecycle states that it is not a determination of whether any particular label violates PRC 42355.51 or 42357. Covered materials / recyclability list →
Design levers: PCR, source reduction, and toxics
Confirmed
APR-certified PCR above a producer's 2023 baseline earns the per-pound PCR bonus proposed in CAA's plan, starting with PCR used in 2027, and PCR can supply up to 8 percentage points of the 25 percent source reduction target through an alternative compliance formula that CalRecycle must approve. AB 2253, which would have set documentation rules for voluntary recycled content claims on all products from Jan 1, 2030 and permitted proportional attribution under ISO 22095-2:2026, was vetoed by the Governor on Sep 27, 2026. Document PCR at the resin / lot level.
SB 54 requires 25% source reduction of plastic covered material and 100% of covered material to be recyclable or compostable by January 1, 2032, with a 65% plastic recycling rate by 2032 (30% interim by 2028). Producers participating in CAA filed an Individual Source Reduction Plan (ISRP) with CAA by August 3, 2026, CAA's effective deadline because August 1 fell on a Saturday, forecasting progress toward the interim reduction milestones (2027 and 2030) as well as the 2032 target. The targets are a collective responsibility met through the PRO plan.
California applies the Toxics-in-Packaging heavy-metals limit (no intentional use; 100 ppm total of lead, cadmium, mercury, and hexavalent chromium) and bans regulated PFAS in plant-fiber-based food packaging from January 1, 2023 (HSC 109000(b), AB 1200). Hazardous material identified by OEHHA, DTSC, or CalRecycle is an SB 54 eco-modulation malus factor (PRC 42053(e)(4)).
Sources: CA SB 54; AB 1200 (HSC 109000, PFAS in plant-fiber food packaging); CA Toxics in Packaging (HSC 25214.11 et seq.); CAA CA Program Plan Ch. 10. The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.
Source Reduction Plans (ISRP): What Producers File
Signaled
Individual producers of plastic covered packaging that participate in CAA filed an Individual Source Reduction Plan (ISRP) with the Circular Action Alliance (CAA) through its Producer Portal, which was due August 3, 2026, the effective deadline CAA set because August 1 fell on a Saturday. CalRecycle sets no ISRP deadline and neither receives nor reviews these plans. CAA's Individual Source Reduction Plan guidance is posted on the CAA Producer Portal, which is available to registered producers. The plan is a forecast of how much plastic you plan to source reduce toward the statutory reduction targets, and it may be refined over time.
Reduction is measured against your 2023 baseline of plastic covered material:
Milestone
Total plastic reduction
Minimum via reuse or refill (2032: reuse, refill, or elimination)
Jan 1, 2027
10%
2%
Jan 1, 2030
20%
4%
Jan 1, 2032
25% (by weight and by component / unit count)
10%
Four pathways plus one capped credit: reuse and refill; elimination of components; switching to alternative non-plastic materials; and right-sizing, lightweighting, concentrating, or shifting to bulk. Post-consumer recycled content is not source reduction: PRC 42041(aj)(2) excludes switching from virgin covered material to PCR. PRC 42057(a)(2)(B)(i) separately allows no more than 8 percent to be met through an alternative compliance formula the PRO must develop and CalRecycle must approve. No approved formula exists yet.
Measurement and disclosure details: CalRecycle's guidance and CAA's plan measure every milestone by plastic component count as well as by weight, so both need tracking from the start. A filed ISRP goes to CAA, which must keep producer information confidential (PRC 42052(e)), but the producer-level source reduction data CAA reports to CalRecycle (PRC 42057(c)) is subject to the Public Records Act unless an exemption applies, and trade secrets are withheld only if designated as 14 CCR 18980.14 requires, so every claim in it should be defensible.
Sources: CA SB 54 (PRC 42041(aj), PRC 42057(a)(2)(B)(i)); CAA California Program Plan, final draft submitted to CalRecycle October 13, 2026, sections 6.2.3.3 and 6.3.3.2; CAA California producer guidance (circularactionalliance.org/california); reduction targets confirmed by statute, deadline and filing mechanics signaled per CAA guidance. A step-by-step readiness checklist is on the source reduction plan page.
Statute and rule text
Statute: SB 54 (Allen, Ch. 75, Statutes of 2022), codified at Cal. Pub. Res. Code 42040 et seq. Read the statute →
Implementing rule: 14 CCR Div. 7, Ch. 11.1, Arts. 1 to 14, sections 18980.1 to 18980.14, plus Ch. 11.5 section 18981. Approved by the Office of Administrative Law and filed with the Secretary of State on May 1, 2026, effective on filing. Read the rule →
Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.
Frequently asked questions
I sell to a distributor outside California who ships into the state. Are those my California sales?
If the brand owner or licensee is in the state as 14 CCR 18980.1.1(a) defines it, it makes no difference for producer status, because the brand owner or licensee remains the producer of the packaging on the good and its obligation applies when that covered material is sold or distributed in the state by any person (14 CCR 18980.1.1(f)(1), 18980.5(b)); if there is no brand owner or licensee in the state, the person who first sells or distributes the good in the state is the producer (14 CCR 18980.1.1(f)(2)). PRC 42041(w)(5) says that "for purposes of this chapter, the sale of covered materials shall be deemed to occur in the state if the covered materials are delivered to the purchaser in the state." The scope is the whole chapter, not just the producer definition, so it governs the producer cascade and also bears on the PRC 42060 small producer threshold, although that threshold counts all gross sales in the state. If you deliver to a distributor outside California and that distributor ships the goods in, your purchaser did not take delivery in California, but the provision does not settle whether that sale is yours in the state, because it says "if" and not "only if." Producer status does not turn on where your own sale is deemed to occur, because tiers 1 and 2 ask whether the brand-owning or licensed manufacturer, or else the brand owner, is in the state (14 CCR 18980.1.1(a), (c)), the obligation applies if the covered material is sold or distributed in the state by any person (14 CCR 18980.5(b)), and the seller and distributor tier at PRC 42041(w)(3) applies only where no producer exists under (w)(1) or (w)(2).
What are California's producer registration options under SB 54?
California offers three pathways: (1) join the Circular Action Alliance as a Participant Producer signatory; (2) register with CalRecycle through PEPRS and apply to be an Independent Producer, which requires meeting the PRC 42051(b)(2)(A) criteria or a recycling rate test; or (3) apply for a Small Producer Exemption (less than $1 million CA gross sales). The exemption is not automatic, and it does not end registration. PRC 42060(a)(5) exempts the producer from the chapter except the PRC 42050(b) recyclable-or-compostable duty from 2032, and 14 CCR 18980.5.2(e) requires an exempted small producer to keep its registration current. An approved exemption runs two years from approval, and renewal is filed between 120 and 90 days before it expires (14 CCR 18980.5.2(b) and (c)).
Does California's de minimis exemption apply automatically to small producers?
No. The less than $1 million California gross sales threshold requires a formal application through PEPRS, and CalRecycle can deny it. The exemption must be renewed, and it takes effect only on the date CalRecycle approves the application (14 CCR 18980.5.2(b)). An approved exemption is valid for two years from the approval date, and the renewal application is filed between 120 and 90 days before expiry (14 CCR 18980.5.2(b), (c)). CAA will not file a small producer exemption on your behalf.
When do California EPR fees begin?
Annual per-category fees begin in 2027 once CalRecycle approves the program plan. CAA scheduled the one-time 2026 Early Fee invoices for the week of August 17, 2026, payable within 45 days of the invoice date, and its newsletter of September 29, 2026 confirms the invoices were issued. The $500 million Plastic Pollution Mitigation Fund surcharge is collected by CDTFA: the statutory deadline for CalRecycle to send CDTFA the liable-person list is March 1, 2027, and the payment deadline is 30 days from CDTFA's assessment (PRC 42064).
What is the penalty for violating California SB 54?
Up to $50,000 per day per violation ($25,000 for a small producer), accruing only from 30 calendar days after notice of the violation (PRC 42081(a)(3)); the $50,000 ceiling is the highest fixed per-day civil penalty ceiling that can apply today in any U.S. packaging EPR state; Minnesota's $50,000 and $100,000 repeat-violation tiers (Minn. Stat. 115A.1462(c)) apply only within five years after a stewardship plan is approved, and the first plan is not due until October 1, 2028. Violations include selling covered products without registering, failing to file annual supply reports, and non-payment of fees.
What are California's SB 54 source reduction targets?
SB 54 requires the PRO, on behalf of its participant producers, to source reduce plastic covered material against a 2023 baseline by 10% by 2027, 20% by 2030, and 25% by 2032. CalRecycle's guidance and CAA's plan measure every milestone by both weight and plastic component count. Separate minimums apply: at least 2% by 2027 and 4% by 2030 through shifting to reusable or refillable packaging (PRC 42057(a)(2)(C), (D)), and at least 10% by 2032 through reuse, refill, or eliminating a plastic component (42057(a)(2)(A)). CAA's plan Table 1 groups all three milestones as reuse, refill, and elimination.
What is an Individual Source Reduction Plan (ISRP) and when is it due in California?
An ISRP is a forward-looking plan that each CAA participant producer of plastic covered packaging files with the Circular Action Alliance through its Producer Portal, forecasting how it intends to source reduce toward SB 54 targets. It was due August 3, 2026, the effective deadline CAA set because August 1 fell on a Saturday. CalRecycle sets no ISRP deadline and neither receives nor reviews these plans.
Can recycled content (PCR) count toward California's source reduction requirement?
Not as a pathway. PRC 42041(aj) excludes switching from virgin material to postconsumer recycled content from the definition of source reduction. PRC 42057(a)(2)(B)(i) lets no more than 8 percent of the plastic covered material be source reduced through an alternative compliance formula the PRO develops and CalRecycle approves, on a sliding scale of virgin to PCR plastic, and no formula has been approved. The four recognized pathways are reuse and refill, eliminating components, switching to non-plastic materials, and right-sizing or lightweighting.
Explore California data in the full EPR Atlas hub
The EPR Atlas hub includes interactive tools to model your California EPR cost exposure and compare it across all seven enacted states.