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Regulatory Deep Dive:
California’s Senate Bill 1335

APTIM Waste Minimization, part of our comprehensive sustainability and energy solutions, helps clients meet regulations and make our communities more sustainable.

APTIM Waste Minimization Business Leader Patti Toews attended a CalRecycle-hosted webinar on California’s Senate Bill 1335 and shared the below takeaways.

Impact
Facilities that are operated on state property or under contract with the state must use packaging on CalRecycle’s list. Packaging must be reusable, recyclable, or compostable. You may use up existing inventory. There is no exemption process.

The law includes food and beverage prepared for consumption on or off a food service facility’s premises, using a cooking or food preparation technique. It excludes prepackaged, sealed food that is mass produced by a third party.

Reusable Criteria
Packaging must withstand 780 commercial wash cycles or have a minimum of a one-year express written warranty. Statue clarifies that ceramic, porcelain, glass, and non-foil metal food service packaging is reusable if cleaned and reused.

Recyclable Criteria
Packaging must:

  1. Measure at least 2 inches by 2 inches
  2. Not contain additives that initiate fragmentation
  3. Be collected by 60 percent of recycling programs
  4. Have sufficient commercial value and be sorted by 60 percent of large facilities (75 percent by 2026)

Compostable Criteria
Packaging must either:

  • Be collected and accepted by 50 percent of organic waste collection programs and compost facilities statewide (75 percent effective in 2026), OR
  • Be included in a take-back program

Upcoming Deadlines
June 2, 2022 –  Publish CalRecycle’s list of approved food service packaging on Department of General Services website, and publish requirements in State Contracting Manual.

March 2027 – Must reevaluate list.

Compliance & Recordkeeping
Upon CalRecycle request, food service facility must:

  1. Provide access to contracts, invoices, PO’s
  2. Maintain records for five years

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