California Publishes Long-Awaited Regulations For SB 54

On May 1, 2026, California approved and filed the final regulations for the state’s packaging EPR law, SB 54.

California’s SB 54, or the Plastic Pollution Prevention and Packaging Producer Responsibility Act, is a so called “Extended Producer Responsibility” (EPR) law aimed at reducing plastic waste and shifting the cost of recycling these plastics from consumers and local governments back to the producer. This is done primarily by establishing a Producer Responsibility Organization (PRO), an entity which producers join and pay fees to. The PRO then implements and funds waste management, recycling, and waste reduction practices. California has selected Circular Action Alliance (CAA) as its PRO, though SB 54 also allows producers to comply independently.

While SB 54 was enacted in 2022, the much-anticipated regulations detailing how the program will be run have been delayed for over a year and have been subject to multiple rounds of revisions and public comments. The final regulations were approved on May 1, 2026, and became effective immediately. This is of significant consequence because obligated producers are required to take certain actions by 30 days after the effective date of the regulations.

Simultaneously with the approval of the regulations, CalRecycle, the state agency in charge of implementing SB 54, published a new webpage for producers and has stated that it plans to publish additional guidance materials soon.

Regulated producers must do one of the following by June 1, 2026:

• If participating in the approved PRO plan, register with CAA and submit supply data to CAA. 
• If complying individually, register with CalRecycle and apply to be an independent producer.
• If qualifying for a small producer exemption, register with CalRecycle and apply for the small producer exemption.

What Do Businesses Need to Do Now?

1. Determine if you are an obligated producer. SB 54 has specific definitions for determining who the obligated producer is for certain materials.
2. Determine if you qualify as a small producer that is exempt from SB 54’s requirements. Note that even small producers must register with CalRecycle and substantiate that they qualify for the exception.
3. If you are an obligated producer, you must report 2025 supply data by June 1, 2026.

SB 54 and other states’ packaging EPR laws are complex, nuanced, and quickly developing. Affected businesses should stay up to date with relevant requirements. Experienced legal counsel may be necessary to ensure compliance with SB 54 and other packaging EPR laws.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.