When is the minimum content report due?

The report is due March 1 each year for the previous calendar year. The PRC §14549.3 requirement for beverage manufacturers to annually report virgin plastic and post-consumer recycled plastic usage has not changed. AB 793 amends the law to require reporting by pounds and resin type. The 15% minimum content standard is effective on January 1, 2022. This reporting period will be reflected on the 2023 calendar year report.

Where can I find the minimum content report form?

CalRecycle provides a suggested form as the department believes that it complies with the requirements of PRC §14549.3.

Are beverage manufacturers who meet the requirements of PRC Section 14575(g)(3)(A) required to complete the minimum content report?

Yes, they are required to report on March 1 of every year but do not have to meet the minimum content requirement.

What is meant by 'a beverage'? To whom do the minimum recycled content requirements apply? Manufacturers, brands, distributors, others? Do the requirements speak to both sales in the state as well as products manufactured in the state?

A beverage is defined in PRC §14504. A beverage manufacturer is defined in PRC §14506 as any person who bottles, cans, or otherwise fills beverage containers, or imports filled beverage containers for sale to distributors, dealers, or consumers. If you are uncertain if you meet the definition of a beverage manufacturer or if your beverage is subject to CRV, please contact our Registration Unit via phone at (916) 323-1835 or via email reg.crvlabeling@calrecycle.ca.gov.

Can post-industrial recycled material be used instead of PCR material?

PRC §14547 requires a post-consumer recycled plastic minimum content standard.

Does the average PCR requirement target apply to bottles manufactured in California, filled in California, or bottles sold at points of sale in California regardless of where they are made and filled?

The plastic minimum content reporting requirements apply to all plastic beverage containers sold in California subject to the California Redemption Value (CRV). PRC §14506 defines “beverage manufacturer” as any person who bottles, cans, or otherwise fills beverage containers, or imports filled beverage containers for sale to distributors, dealers, or consumers. If you do not know if you are a beverage manufacturer or whether your plastic beverage containers are subject to CRV, please contact the Division of Recycling Registration Unit at (916) 323-1835 or email reg.crvlabeling@ calrecycle.ca.gov.

How long must the beverage manufacturer keep PCR documentation?

Per regulation (CCR §2085(b)), beverage manufacturers are required to retain documents for at least five years.

Does the average content requirement mean that a company can plan on higher PCR content for certain types of containers but less, or even zero, in the case of others, and still comply if the overall PCR content across its sales averages 15% PCR content?

The total number of plastic beverage containers, on average, must contain no less than the minimum content standard of post-consumer recycled plastic per year, based on the aggregate.

If my post-consumer minimum content is slightly below the minimum content requirement, could this be rounded up?

No. PRC §14547 establishes a standard for post-consumer recycled minimum content in plastic beverage containers.

Insights / Sustainability

California, Colorado Pass EPR Laws to Fund and Improve Package Recycling

In June, California and Colorado enacted extended producer responsibility (EPR) laws — following Maine and Oregon in 2021 — that will require brand owners and others to pay for the recycling of their products. One of the key differences between the two state regulations is that Colorado will impose fees on consumer packaged goods (CPG) companies, while California will levy a surcharge on both CPG companies and makers of plastic resins.

By: Robert Swientek
Date: July 28, 2022

California EPR Law

According to industry observers, California's EPR legislation is the most stringent in the U.S., and it will have ramifications beyond the state. The new law creates an extended producer responsibility organization (PRO) and program to compel CPG companies and plastic resin manufacturers to pay for improvements in package recycling and plastic pollution mitigation.

The legislation establishes timelines for the creation of the PRO, graduated recycling rates for plastics and other types of single-use packaging, reductions in single-use plastics through the elimination of plastic packaging or switching to reuse and refill systems, and a target for packaging to be either recyclable or compostable.

Exemptions to the EPR legislation include PET beverages (covered by the state's bottle law), medical products and prescription drugs, medical foods, infant formula, and hazardous materials. Companies (producers, wholesalers, and retailers) with less than $1 millon gross sales per year in the state are also exempt.

Key Date: January 1, 2024

California producers of the covered packaging materials must form and join an extended producer responsibility organization (PRO).

Key Date: 2027 to 2037

The PRO will collect $500 million per year from CPG companies for a plastic pollution mitigation fund and is also authorized to collect up to $150 million from plastic resin manufacturers.

Key Date: January 1, 2028

30% of plastics and other types of single-use packaging must be recycled.

Key Date: January 1, 2030

40% of plastics and other types of single-use packaging must be recycled.

Key Date: January 1, 2032

65% of plastics and other types of single-use packaging must be recycled.

Key Date: January 1, 2032

All plastics and other types of single-use packaging are required to be either recyclable or compostable.

Key Date: January 1, 2032

A 25% reduction in single-use plastics. This will be phased in with a 10% reduction by January 1, 2027 and 20% reduction by January 1, 2030. Achieving part of these reductions will require the elimination of plastic packaging or switching to reuse and refill systems.

Colorado EPR Law

Colorado's EPR legislation will require CPG companies to pay annual dues to fully fund a statewide recycling program for packaging. The dues will be based on the type and volume of packaging sold and distributed in the state.

Companies with annual revenues of less than $5 million are exempt from the legislation. Other exemptions include companies that have used less than one ton of the covered packaging materials in the prior calendar year. Some pharmaceutical products are also exempt.

Proponents of the legislation view it as a means to increase Colorado's 15% combined recycling and composting rate (which is half the U.S. national average) and extend recycling services to rural communities. Several large CPG companies support the legislation, including The Coca-Cola Co., Danone North America, Unilever United States, SC Johnson, PepsiCo, Reckitt, Mars, and L’Oréal USA.

Key Date: June 1, 2023

The executive director of the Colorado department of public health and environment must designate a nonprofit organization to implement and manage a statewide recycling program.

Key Date: September 21, 2023

The organization must hire an independent third party to conduct a needs assessment of the state's recycling services.

Key Date: April 1, 2024

The organization must report the results of the needs assessment.

Key Date: February 1, 2025

After soliciting input from an advisory board and other key stakeholders, the organization must submit a plan proposal for the statewide recycling program.

Key Date: July 1, 2025

A producer (CPG brand owner) may not sell or distribute any products that use the covered packaging materials in the state unless the producer is participating in the program. CPG companies also have the option to submit their own individual program plan proposal to the advisory board by January 1, 2025, and must notify the department of their intent to submit the proposal by January 1, 2024.

Eco-Modulation

One element of EPR is eco-modulation, which bases producers' fees on the environmental impact of their packaging. In general, producers will pay higher fees or penalties for harder-to-recycle, hazardous, or environmentally harmful materials, while lower fees will be levied on packaging that is recyclable, minimally designed, lightweight, renewably sourced, made with recycled content, refillable, reusable, returnable, or has a reduced environmental impact.

Sustainable Packaging Solutions

Berlin Packaging helps our customers understand EPR, and provides cost-effective strategies to minimize eco-modulation fees.
We build our sustainable packaging strategies around three core pillars:

Circularity

The use of recycled and recyclable materials as well as alternative options.

Optimization

The reduction or elimination of packaging components as well as improving product shelf life and performance.

Reuse

The use of at-home, in-store, and on-the-go refill and reuse systems and returnable packaging programs.

Our holistic approach combines deep subject matter expertise with practical commercial experience to create circular strategies that will strengthen your brand and grow your bottom line. For more details and case studies, download and read our Sustainability Brochure.

The information contained in this article is intended for general information purposes only and is based on information available as of the initial date of publication. No representation is made that the information or references are complete or remain current. This article is not a substitute for review of current applicable government regulations, industry standards, or other standards specific to your business and/or activities and should not be construed as legal advice or opinion. Readers with specific questions should refer to the applicable standards or consult with an attorney. It is the customer’s responsibility to determine whether its filled product is subject to any applicable government regulations and to ensure compliance with such regulations.

If you're looking for sustainable packaging solutions for your business, request a packaging consultation today.

Contact Us