As part of our overall risk assessment protocols for recyclables compliance, BayneLaw is advising of 2023 updates and upcoming changes to beverage plastic container laws around the country that may affect Distributors and Manufacturers beverage container compliance and market access:
California’s Plastic Minimum content Standards law (AB 793) went into effect this year, requiring plastic beverage containers covered by the CRV bottle deposit program to contain at least 15% post-consumer recycled content (PCR) by 2022, 25% by 2025, and 50% by 2030. The state already mandates recycled content for glass and rigid plastic containers. The law requires annual reporting of PCRC content and imposes penalties for non-compliance, but has options to submit a corrective action plan.
Beginning this year, Washington State will start phasing in PCR standards for plastic beverage bottles (as well as plastic trash bags, bottles for household cleaning and personal care products, and polystyrene packing peanuts). The annual registration deadline is April 1, 2023 and reporting begins next year. Washington’s law also imposes penalties and has options for waivers and temporary exemptions.
Beginning in 2024, rigid plastic containers will need to contain at least 10% PCR and plastic beverage containers will need to contain at least 15% PCR. These rates will increase over the years and cap at 50% by 2036 and 2045, respectively. The bill also establishes minimum recycling content for glass bottles, plastic carry out bags, and trash bags, and polystyrene packing peanuts will be banned starting in 2024. New Jersey does not have a returnable container act program. Registration is slated to open this Spring. New Jersey also allows regulated entities to apply for a waiver based on a specified set of criteria.
Distributors and Manufacturers affected by these laws should contact BayneLaw to confirm your containers are in compliance or to discuss corrective action or waiver application strategy eligibility.
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