Food and agriculture groups in the United States are raising concerns over proposed California packaging regulations linked to Senate Bill 54, warning that certain packaged produce items could be affected without a federal compliance exemption.
The 2022 law shifts the cost of packaging waste from consumers and local governments to producers and requires that by 2032 all single-use packaging sold in California be recyclable or compostable, alongside a 25 per cent reduction in plastic packaging. Proposed final rules released by CalRecycle in January would implement the legislation.
Western Growers has called for a categorical exemption where federal food packaging regulations conflict with state requirements. Gail Delihant, senior director of California government affairs for Western Growers, said fresh produce packaging must meet federal food safety, packaging, and shelf life standards.
"Western Growers worked for the four years, diligently, on trying to get a little bit of a carve-out, if you will, or concessions, for fresh produce packaging based on our federal rules, our regulations, and our guidelines for food safety and packaging and shelf life," she said.
An earlier draft included such an exemption in cases of conflict with federal rules. Revised language released in January introduced stricter eligibility criteria. Delihant said, "The language that they put in to even apply for a categorical exclusion is really impossible to meet."
Under the legislation, producers that do not qualify for an exemption would be required to pay into the state program to cover recycling and cleanup costs, in line with other industries. Delihant said producers already contributing to similar programs in other states indicate that California's costs would add financial pressure.
Sen. Ben Allen, author of SB 54, said exemptions were not intended to be broadly applied. "The law wasn't written for everyone to just exempt themselves upon request," Allen said. He added that companies would need to demonstrate that no alternative packaging exists that complies with federal requirements.
Delihant stated that the produce industry has invested in developing packaging to protect product safety and extend shelf life. "We have been able, over decades, to develop the packaging we have now that is really, really safe for your food and keeps it in that condition for a longer period of time," she said. "And we're not going to be able to use it under this law."
She noted that fresh produce packaging accounts for 3 per cent of landfill packaging waste. Allen responded, "Everyone's 3% of the problem. Where does that end?"
CalRecycle is expected to finalise the regulations following revisions.
Source: State Affairs
