State ProgramsExpanded Polystyrene Loosefill Packaging

Section § 42390

Explanation

This law defines key terms related to the sale of expanded polystyrene loosefill packaging in California. A 'manufacturer' makes this packaging for sale, while a 'wholesaler' buys it for resale. 'Recycled material' comes from various polystyrene products that would otherwise end up in a landfill. As of January 1, 2012, you can't sell this packaging in the state unless it meets specific recycled content standards.

From 2012 to 2013, the packaging must contain at least 60% recycled material. From 2014 to 2016, this requirement increases to 80%. Starting January 1, 2017, all packaging sold must be made entirely (100%) from recycled material. Violators face fines of up to $1,000.

(a)CA Public Resources Code § 42390(a) For purposes of this chapter, the following definitions shall apply:
(1)CA Public Resources Code § 42390(a)(1) “Manufacturer” means a person who manufactures expanded polystyrene loosefill packaging material for sale in this state.
(2)CA Public Resources Code § 42390(a)(2) “Recycled material” means feedstock material from any of the following that has been diverted from landfill disposal:
(A)CA Public Resources Code § 42390(a)(2)(A) Material derived from a finished polystyrene product that has completed its intended end use and product life cycle.
(B)CA Public Resources Code § 42390(a)(2)(B) Material derived from a blemished, flawed, or otherwise unusable finished polystyrene product.
(C)CA Public Resources Code § 42390(a)(2)(C) Material derived from manufacturing and fabrication scrap from production of a finished polystyrene product.
(3)CA Public Resources Code § 42390(a)(3) “Wholesaler” means a person who purchases expanded polystyrene loosefill packaging for resale in this state.
(b)CA Public Resources Code § 42390(b) Except as provided in subdivision (c), on and after January 1, 2012, a wholesaler or manufacturer shall not sell or offer for sale in this state expanded polystyrene loosefill packaging material.
(c)CA Public Resources Code § 42390(c) Subdivision (b) does not apply to expanded polystyrene loosefill packaging materials that complies with the following requirements:
(1)CA Public Resources Code § 42390(c)(1) On and after January 1, 2012, until December 31, 2013, inclusive, it is comprised of at least 60 percent recycled material.
(2)CA Public Resources Code § 42390(c)(2)  On and after January 1, 2014, until December 31, 2016, inclusive, it is comprised of at least 80 percent recycled material.
(3)CA Public Resources Code § 42390(c)(3) On and after January 1, 2017, it is comprised of 100 percent recycled material.
(d)CA Public Resources Code § 42390(d) A wholesaler or manufacturer who sells or offers for sale at retail in this state expanded polystyrene loosefill packaging material in violation of this chapter is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).
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