CalRecycle Publishes New SB 54 Regulations with 15-Day Comment Period

After withdrawing the regulations earlier in the month, CalRecycle has turned around the revised regulations in less than three weeks - signaling they are serious about finalizing these long-awaited regulations. 

As promised, the new regulations update the procedures and criteria for entities seeking an exclusion for agricultural or food packaging. 

The documentation requirements for the notice have been streamlined in some areas while becoming more specific in others.

• Requirement Removed: Entities are no longer required to provide a specific "specification for the packaging/component" or a summary of the basis for the determination.

• New Requirement: The notice must now explicitly explain why no "reasonably possible" alternative packaging exists that would avoid the regulatory conflict.

  
  

To demonstrate that a legal conflict exists between federal and state law and that it is not reasonably possible to use alternative packaging, a new three-part test applies. An alternative fails this test (and thus remains eligible for exclusion) only if:

1.     It does not meet safety standards.

2.     The conflict cannot be avoided by replacing individual components.

3.     The conflict cannot be avoided by redesigning the entire package.

A new subparagraph clarifies the Department's oversight role:

• Verification: The Department will confirm the notice is for a valid food or agricultural commodity and that all required elements are present.

• Deficiency Notice: If a submission is incomplete, the Department will notify the entity within 90 days that a resubmission is required.

Companies interested in providing comments on these regulations should submit comments immediately. The 15-day public comment period will begin on January 29, 2026, and end on February 13, 2026.