Approval of California Packaging EPR Proposed Regulations Delayed, Another Comment Period Pending

CalRecycle has withdrawn the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) EPR regulations package from the Office of Administrative Law (OAL) to address a number of questions OAL has raised regarding changes made from the 2024 version of the language. With a deadline of Jan. 9, 2026, to approve or reject the proposed EPR regulations, CalRecycle withdrew the language to address OAL’s clarifying questions primarily focused on food and agricultural commodities. A rejection from OAL would have required the entire rulemaking process to begin again. CalRecycle posted in an SB 54 regulation update that it would be conducting an additional 15-day comment period to “make changes to provide clarity and support the successful implementation of the law.” The start of the 15-day comment period will be announced at a future date, and the statutory deadlines in SB 54 remain unchanged, according to CalRecycle. Wine Institute will be providing comments on the SB 54 packaging EPR program on behalf of our members when that window opens.