Dive Brief:
- CalRecycle is soliciting the public’s help in weeding out cases of California businesses still offering expanded polystyrene foam food service ware. The state agency recently launched a notification form “to hold producers responsible if they sell EPS plastic foam food ware in California until they meet a 25% recycling rate.”
- This follows CalRecycle confirming in April that EPS producers had not demonstrated that they met a Jan. 1 requirement for a 25% recycling rate under SB 54. The agency says it is in the early stage of “progressive enforcement” and has not yet issued any notices of violation.
- “CalRecycle is currently working to assess submissions and provide assistance as appropriate to make sure businesses are aware of the restriction to inform their future decisions,” said Melanie Turner, SB 54 communications manager, in an email.
Dive Insight:
Some other implementation aspects of SB 54, California’s extended producer responsibility and source reduction law for packaging, have been up in the air this year. But the crackdown on EPS foam containers technically took effect at the start of 2025.
CalRecycle hasn’t yet issued fines for EPS violations. In the future, noncompliant producers could face daily penalties of up to $50,000 per violation. Currently, the agency is identifying which companies are considered EPS producers and providing them with education and support to help them come into compliance.
CalRecycle already uses public notification forms for other programs, including to track complaints about blue or green bin recycling services and edible food collection and to monitor rule-following for beverage container recycling sites.
Turner said that as of this week, CalRecycle had received five submissions from companies attempting to demonstrate the recycling rate for EPS. Two of these submissions were from 2024 and three were in 2025. Additionally, one company had resubmitted an attempt to demonstrate the EPS recycling rate this year.
In an update this summer, the agency also published some frequently asked questions for producers about demonstrating recycling for EPS. The threshold will increase to 30% come 2028, 50% come 2030 and 65% come 2032.
