On January 9, 2026, the California Department of Resources Recycling and Recovery (CalRecycle) officially withdrew its proposed regulations for the Plastic Pollution and Packaging Producer Responsibility Act (SB 54) from the Office of Administrative Law (OAL).
This withdrawal occurred just as the long-awaited regulations were slated for final adoption or rejection. According to CalRecycle, the decision to pull the current package is aimed at improving the clarity of the regulations to ensure a more successful implementation of the law.
Notably, CalRecycle indicated that the upcoming revisions will primarily focus on requirements applicable to food and agricultural commodities. The last round of proposed regulations introduced an exemption for packaging used for a food or agricultural commodity where it was not reasonably possible to use alternative packaging that complies with rules or guidelines issued by the U.S. Food and Drug Administration or the U.S. Department of Agriculture. Producers in the food and agricultural industries have expressed ongoing concerns regarding the technical feasibility of shifting to recyclable or compostable packaging while maintaining food safety and shelf-life standards.
Next Steps for Stakeholders
While the regulatory language is being adjusted, the legal "clock" has not stopped. Key takeaways for regulated entities include:
● Unchanged Deadlines: The statutory deadlines established by SB 54 remain in effect; the overall timeline for compliance has not been pushed back.
● New Comment Period: CalRecycle has committed to a new 15-day public comment period in the near future. After submission to the OAL again, the OAL has 30 working days to approve or reject the new proposed regulations.
Legal departments and producers should stay tuned for the formal announcement of the next 15-day comment period.
