42355.51.
(a) A person shall not offer for sale, sell, distribute, or import into California any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made.(b) On and after the date the list of approved material types and forms is published pursuant to subdivision (c), (1) Subject to paragraph (2), a product or packaging that displays a chasing arrows symbol, as defined in Section 17580 of the Business and Professions Code, a chasing arrows symbol surrounding a resin
identification code, or any other symbol or statement indicating the product or packaging is recyclable, or directing the consumer to recycle the product or packaging, is deemed to be a deceptive or misleading claim unless the department has determined the product or packaging is of a material type and form that can is determined to be recyclable pursuant to subdivision (c).
(2) Paragraph (1) applies to any product or packaging that is manufactured 90 days or more after the date the list of approved material types and forms is published pursuant to subdivision (c).
(c) (1) On or before January 1, 2023, the department shall update the regulations developed pursuant Section 42370.2 to include the types and forms of plastic products and packaging for which a claim of recyclability, including through the use of a chasing arrows symbol, may be made.
(2) Concurrently with the regulations described in paragraph (1), the department shall develop a list of material types and forms that are determined to be recyclable based on the criteria listed in subdivision (d) and shall publish the list on its internet website within 90 days of the Office of Administrative Law approving the regulations.
(d) For purposes of determining which material types and forms are recyclable, the director shall consider, at a minimum, all of the following criteria:
(1) Whether the material type and
form is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.
(2) Whether the material type and form is regularly collected, separated, and cleansed for recycling by recycling service providers.
(3) Whether the material type and form is regularly sorted and aggregated into defined streams for recycling processes.
(4) Whether the material type and form is regularly processed and reclaimed or recycled with commercial recycling processes.
(5) Whether the material type and form regularly becomes feedstock that is used in the production of new products.
(6) Whether the material type and form is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.
(e) (1) The department shall regularly, but no less than once every five years, evaluate the list described in paragraph (2) of subdivision (c) and may amend the list to remove or add a material type and form based on whether the material meets the criteria in subdivision (d) at the time of evaluation. The department shall post any updates to the list on its internet website.
(2) If a material type or form no longer meets the criteria in subdivision (d) and is removed from the published list, a person shall not offer for sale, sell, distribute, or import into California any product or packaging manufactured 90 days after the date the updated list is published if the product or packaging displays a chasing arrows
symbol, as defined in Section 17580 of the Business and Professions Code, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or directing the consumer to recycle the product or packaging.
(f) (1) A producer, or group of producers, that seeks to have a material type and form that does not meet the criteria in subdivision (d) included on the list shall submit a plan to the department detailing how and by what date the product type and form will meet the criteria.
(2) The department shall review the plan and determine if the material type and form will meet the criteria in subdivision (d) by the date prescribed in the plan if the plan is implemented. If the department determines it will, the department shall include the material type and form on the list.
(3) The department may offer revisions to the plan if necessary, including requiring that the material type and form meet the criteria in a more timely manner.
(4) The department may require the producer, or group of producers, who submitted a plan pursuant to paragraph (1) to submit annual reports detailing the progress made toward implementing the plan. If the department determines the producer, or group of producers, are not implementing the plan or that progress is not sufficient to ensure the product type and form can meet the criteria by the date included in the plan, the department may do either of the following:
(A) Remove the material type and form from the list within 180 days.
(B) Allow the producer, or group of producers, to update and resubmit
the plan.
(g) Development of, publication of, and updates made to the list pursuant to this section are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.