California SB 54 Regulations Finalized—Action Required

Extended producer responsibility (EPR) laws shift the cost and responsibility of managing packaging waste to the companies that put packaging into the marketplace. California’s SB 54, enacted in 2022, establishes the most sweeping packaging EPR law adopted to date, and requires covered producers to register, report detailed packaging data, fund recycling and waste reduction programs, and meet escalating recyclability and source reduction targets. The long awaited regulations adopted by the state agency charged with implementation, CalRecycle, took effect on 1 May 2026 and create new operational obligations for companies that manufacture, distribute, or sell covered products into California. “Covered products” generally include single-use packaging that is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged, and typically is not refilled or otherwise reused by the producer, as well as plastic single-use food service utensils, although the legislation has several limited exceptions to these general categories.

The first critical deadlines arrive almost immediately. Producers must register by the end of May 2026; registration requirements will vary depending on whether they are reporting through the approved Producer Responsibility Organization or PRO (designated as Circular Action Alliance in California), complying individually, or claiming a small producer exemption. Both the Annual Supply Report and Annual Source Reduction Report are due by 31 May and will directly drive future fee calculations. A second major milestone follows on 1 August when producers must submit source reduction plans outlining how statutory reduction targets will be met. The PRO will also be releasing a PRO Plan later this year, which will provide details regarding management of the PRO and additional specifications and guidance regarding reporting.

These deadlines raise urgent, practical, high stakes questions. Determining whether products or components are covered, assessing potential exclusions, aligning internal data systems, establishing an internal methodology to quantify the amount of covered products utilized or distributed, and coordinating reporting across affiliates or brands are all front burner issues. Early missteps can carry lasting cost, reporting, and enforcement consequences as the program ramps up toward 2027.

SB 54 also does not exist in isolation. California now joins a growing list of states with packaging EPR laws, including Colorado, Oregon, Minnesota, Washington, Maryland, and Maine—each with different scopes, reporting mechanics, and timing. Companies that take a fragmented or reactive approach risk duplicative work, misaligned data systems, lost opportunities for efficient reporting, and avoidable compliance exposure.

The firm is actively helping companies navigate EPR compliance, including applicability and exclusions analysis; registration and reporting preparation; source reduction planning; PRO coordination; contract review; representation in EPR legislative and regulatory rulemaking; and alignment with other state EPR programs. Our approach is practical and business-focused: we identify what is covered, determine what must be filed, build a defensible data record, and help companies make packaging and compliance decisions that work across their operations. Those seeking assistance should contact the authors of this alert or a member of Environment, Land, and Natural Resources practice group.