Existing law prohibits a person from offering for sale, selling, distributing, or importing into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. Existing law provides that a product or packaging that displays a chasing arrows symbol, among other symbols, statements, or directions, is deemed to be a deceptive or misleading claim unless (1) the product or packaging is considered recyclable in the state pursuant to specified criteria and (2) is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, except as provided. Existing law, notwithstanding specified criteria, provides that a product or packaging is recyclable in the state if the product or packaging is part of, and in compliance with, a program established pursuant to state or federal law governing the recyclability or disposal of that product or packaging, as provided.

This bill would delete the latter provision and would, notwithstanding specified provisions, require, before January 1, 2027, that a product or packaging that is a covered material, as defined, be considered recyclable in the state if the producer is approved by a producer responsibility organization to participate in that organization. On or after January 1, 2027, and before January 1, 2032, the bill would require, notwithstanding specified provisions, that a product or packaging that is a covered material be considered recyclable in the state if the producer is, among other things, in compliance with the requirements of the Plastic Pollution Prevention and Packaging Producer Responsibility Act.