Designing for Recyclability Under Californis's SB 343 and SB 54

 California’s truth in labeling for recyclability and packaging extended producer responsibility laws (SB 343 and SB 54, respectively) interact in important ways for companies that use single-use packaging. Even though enforcement of SB 343 is currently on pause from a preliminary injunction in July, many companies are already evaluating their potential obligations and incentive opportunities.

SB 343 prohibits using the “chasing arrows” recycling symbol unless a product or packaging material satisfies its recyclability criteria. SB 54 defines “recyclable” by referencing SB 343’s criteria, which matters for two main reasons. First, SB 54’s eco-modulation scheme will incentivize recyclability and penalize packaging attributes that reduce recyclability. Second, SB 54 mandates that all covered material in California must be either recyclable or eligible to be labelled compostable by 2032.

SB 343’s chasing arrow prohibition would take effect on October 4, 2026. But in July, a federal district court enjoined enforcement of SB 343 while California League of Food Producers et al. v. Bonta proceeds (see link above). The lawsuit challenges SB 343 on various constitutional grounds.

Even so, many companies have already taken compliance action with SB 343 given the long lead-time involved in packaging and labelling alterations, for example by replacing a chasing arrows symbol with a solid triangle border to identify a non-recyclable plastic component’s resin type.

At the same time, SB 54’s implementation is moving steadily forward, with regulated producers expected to pay fees in early 2027. Many of these companies are actively evaluating their packaging’s alignment with the SB 343 criteria (incorporated by reference into SB 54). Both laws reference the Association of Plastic Recyclers Design® Guide, specifically as a standard for identifying components, inks, adhesives, and labels that inhibit recycling plastic packaging.

Many forms of plastic packaging are currently non-recyclable in California under the laws’ definitions. Circular Action Alliance, the producer responsibility organization under SB 54, outlined an approach in its draft California Program Plan to “phase in” many of these currently non-recyclable plastics as it upgrades California’s recycling infrastructure. This issue is critical for regulated parties to monitor as it will impact compliance under both SB 343 and SB 54.

It makes sense for companies complying with SB 54 to understand SB 343’s recyclability criteria and evaluate their plastic packaging’s alignment with the Design® Guide, even as they await the outcome of the SB 343 litigation.

EPR Group helps companies understand their obligations, comply efficiently, orient the technical compliance work of data reporting and packaging engineering, and evaluate business decisions in the increasingly complex packaging regulatory context.