CalRecycle recently released additional guidance documents related to SB 54, California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act.

We know there is still significant confusion regarding who is considered a “Producer,” what packaging must be reported, what an “Exclusion” means and how “Exemptions” work. We hope the summary below helps simplify the latest developments.

Regarding California’s SB 54 packaging requirements and a potential exclusion pathway that may apply to your fresh produce packaging: Packaging may qualify for an exclusion if the packaging used is necessary to comply with federal food safety laws and no reasonably feasible recyclable or compostable alternative exists (Section 18980.2 – Categorically Excluded Materials).  This exclusion process is generally intended for packaging used for minimally processed ready-to-eat produce processed and packaged in a warehouse.

Western Growers has developed draft templates to help members prepare. Members submitting a notice for an exclusion must submit it through CalRecycle’s website (see CalRecycle’s email notice below).

1. “Exclusions Worksheet” includes the intake questions that will need to be submitted through the Cal Recycle portal. This document is for organizing purposes and does not need to be included in the submission.
2. “Categorical Exclusion Supporting Materials” includes language that can be used to support your application. Copy-paste applicable content, considering the materials used in your operation.

Please note:

• These documents are for informational purposes only and not legal advice
• Updates will be provided as additional guidance becomes available from CalRecycle
• You may need to reach out to you packaging supplier/manufacturer for detailed information

Field Packed Produce
If you produce, harvest and package your commodity on the same site where it is grown, the law states (Public Resources Code §42041(a)(4)) you are NOT a Producer for the covered material. Growers who only field pack do not need to register as a Producer.  Growers may consider adding a statement on invoices or indicating other transactional documents to inform entities down the supply chain that the product was harvested and packaged in the field.

However, that does not exempt the packaging material in which those commodities are packaged from the definition of “covered material” within the meaning of section 42041(e)(1). The definition of covered material includes, “Single-use packaging that is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged, and typically not refilled or otherwise reused by the producer.”  This would capture packaging used in the field. The exclusion from the covered producer definition would mean that the those who produce, harvest and package the commodity in the field are not subject to SB 54. However, other parties in the supply chain could be considered the producer for these materials under the law.

Warehouse Packaging
If additional covered material is added in the warehouse before shipment, you MAY be considered the Producer for that covered material. Western Growers is continuing to seek clarification from CalRecycle regarding these situations.

Exemption (limited timeframe) – Application is on Circular Action Alliance (CAA) website: https://circularactionalliance.org/
An “Exemption” is different from an “Exclusion.”

An exemption is temporary and generally lasts between 2–5 years.

This process applies when:
• You use covered material that does not currently meet recycling requirements; and
• You need additional time to transition to compliant packaging.

Please note that exemptions are expected to carry the highest producer fee obligations.

Where to Find Official Guidance

CalRecycle will post additional instructions and submission details here:
https://calrecycle.ca.gov/packaging/packaging-epr/

Where to Register (If You Are a Producer)

If you determine you are a producer, registration is required through:
https://secure.calrecycle.ca.gov/PEPRS/Account/SignIn

Important Deadlines

1. Within 30 days of final regulations – Submit Exclusion or Exemption notices to
   Circular Action Alliance
2. June 1, 2026 – Producer registration deadline (to avoid penalties)
3. August 1, 2026 – Source Reduction Plan due

Not Sure If You’re a Producer?

Use our decision tool here:
https://wga.mediavalet.com/portals/epr

Learn More

Please stay tuned for additional details on our upcoming webinar, Navigating EPR in California: Source Reduction Plans & SB 54 Reporting Requirements.

Other Resources

•  The Role of Packaging in Mitigating Food Safety Risks
•  The Current State of Fresh Produce Packaging Technology
•  The Role of Packaging in Food Loss and Waste
•  See the full Illustrative Fees report here

If you have questions or would like help determining whether your packaging may qualify for an exclusion, please contact:

Gail Delihant – [email protected]
Jeana Cadby – [email protected]

We encourage all members to begin reviewing their packaging and gathering documentation now to determine whether an exclusion may apply.

This email is for informational purposes only and does not constitute legal advice.  We encourage you to consult qualified legal counsel regarding your specific circumstances.