EPR: SB 54
SB 54 Content
NEW INDUSTRY INSIGHT IN THE COMPLIANCE LIBRARY:
California SB 54 and the Restaurant Sector — When “Producer” Status Hits the Kitchen
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What Is a Producer?
SB 54 defines a “producer” as a person who manufactures a product using covered material and who owns or licenses the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state. There are considerations and exemptions because SB 54 shifts responsibility down the supply chain if a manufacturer is not located in the state.
It’s important to note that Restaurants are, indeed, “producers” in certain circumstances and must assess whether you need to register by June 1st. Please consult your legal counsel for advice on how SB 54’s implementation could affect you.
CalRecycle has published a tool to help businesses determine whether they are producers – Are You a Producer? A situational screening tool for California’s packaging law. You can also sign up for email updates from CalRecycle.
Summary of Proposed SB 54 Program Plan:
As the state’s designated producer responsibility organization (PRO), the Circular Action Alliance (CAA) recently submitted its program plan. This 350-page document outlines how the CAA will implement many of SB 54’s requirements, including the development of fee schedules, submission of exemption and exclusion applications, and how it will meet the state’s ambitious recycling/ reuse goals. In order to better help our members understand the plan’s scope and key points, the CRA has developed a high-level summary of the plan.
However, you must take a closer look under the following situations:
1
If your business sells products under your own restaurant brand in packaging, such as bottled sauces, packaged desserts, coffee, meal kits, grab-and-go foods, or other retail items;
2
If you have a third party make private-label packaged products for you; if you directly import packaging or food service ware into California from outside the United States;
3
Or if you use custom/private-label packaging and no supplier or upstream party is taking SB 54 responsibility. In those situations, the restaurant, franchisor, franchisee, purchasing cooperative, or brand owner may be treated as the “producer” and may have registration, reporting, or fee obligations.
Please look at it carefully and note that the tool shows that even if you did not manufacture the goods, if you are the owner of the trademark, it flags you as the producer.
The Critical Deadline
As of May 1, 2026, CalRecycle has officially approved and implemented the permanent regulations following this additional comment period. The regulations are now in effect, with a critical deadline approaching for producers to take one of the following actions.
CRITICAL DEADLINE: JUNE 1, 2026
Producers must take one of the following actions by June 1, 2026:
- Register with Circular Action Alliance (CAA) and submit supply data, OR
- Register with CalRecycle as an Independent Producer, OR
- Apply for Small Producer Exemption
Instructions for Registering
Along with the launching of that portal, CalRecycle has also produced a document with step by step instructions on how to register as a producer.
Questions, please reach out to packaging@calrecycle.ca.gov
For More Information on
SB 54 REQUIREMENTS
Guidance for Submitting a Categorically Excluded Materials Notice for Food and Agricultural Commodity Packaging
CRA Member Helpline
Update: SB 54
The CRA and a broader coalition is working on a legislative effort to pause SB 54 while critical issues are addressed for the restaurant industry. However, the CRA still urges its members to continue their SB 54 compliance efforts, and would like to share that despite the Association’s best efforts a pause is not guaranteed. A coalition letter asking for a SB 54 pause can be found here.
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