California’s SB 54 is set to significantly reshape packaging requirements for fresh produce operations, bringing new compliance obligations—but also potential opportunities for exclusion may apply to your fresh produce packaging.
What This Means for You
Under SB 54, most packaging used for fresh or fresh-cut produce (including plastic bags, films, and clamshells) is considered “covered material” and must:
- Meet recyclability or compostability requirements, and
- Pay associated compliance fees
However, some fresh produce operations may qualify for an exclusion from these requirements.
Potential Exclusion Opportunity
Pursuant to SB 54 and its implementing regulations, your operation may be eligible to submit a notice asserting that your packaging qualifies for an exclusion.
Western Growers has developed draft templates to help members prepare:
- “Notice of Qualification…” – Template for submitting an exclusion notice
- “Categorical Exclusion Supporting Material…” – Optional supporting language (use only what applies to your operation)
Additional resource: CAA CA 2026 Fees
These materials are intended to help you start gathering information now.
Please note:
- Submission instructions are still being finalized
- 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
Possible Bases for Exclusion
You may qualify under one or more of the following:
- Agricultural Exclusion
Packaging may qualify if you produce, harvest, and package your commodity on the same site where it is grown (Public Resources Code §42041(a)(4)). - Federal Food Safety Requirement
Packaging may qualify if it is necessary to comply with federal food safety laws and no reasonably feasible recyclable or compostable alternative exists (Section 18980.2 – Categorically Excluded Materials).
Where to Find Official Guidance
CalRecycle will post additional instructions and submission details here:
https://calrecycle.ca.gov/packaging/packaging-epr/producerguidance/
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
- Within 30 days of final regulations – Submit Exclusion or Exemption notices to
Circular Action Alliance - June 1, 2026 – Producer registration deadline (to avoid penalties)
- 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
Join our upcoming webinar:
Navigating EPR in the U.S.: Deadlines, Reporting, and the Fresh Produce Focus
(SB 54 Town Hall – registration available through Western Growers)
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.