In 1991, California Legislature passed the Rigid Plastic Packaging Container law (RPPC), the landmark legislation enacted to reduce the amount of plastic waste that was disposed in California’s landfills. The purpose of this legislation was also to increase the use of recycled postconsumer plastic.
What is the RPPC law?
Under the law, manufacturers who sell or offer to sell products in rigid plastic packaging containers must meet one of the following compliance options:
- demonstrate the container has been sourced reduced by 10 percent;
- the container contains 25 percent post-consumer resin;
- the container is reusable at least five times; or
- the container is refillable at least five times by the product manufacturer.
Who is affected by the RPPC law?
The RPPC law applies to all containers that have a minimum capacity of eight fluid ounces, or its equivalent volume, and a maximum capacity of five fluid gallons, or its equivalent volume. Excluded from the law are containers that hold food, cosmetics and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) related products.
Recent updates to the RPPC law:
In 2013, after years of reviewing ways to improve the program, the California Department of Resources Recycling and Recovery (CalRecyle) proposed regulations to better address ways to implement the law. Included in the proposed regulations was a new definition of what is an RPPC, and a notification process to product manufacturers. Under this new definition, an RPPC is deemed to be a container made entirely of plastic except for incidental portions of the packaging including lids, caps and metal handles on pails. While the containers are supposed to be rigid in nature, CalRecyle has determined that all containers except plastic bags or wraps are included under the law. Also included within the definition of an RPPC are clamshells, whether they are re-closable or heat sealed. Also in 2013, the new regulations put in place a precertification process for product manufacturers. This created a phased approach to alert manufacturers as to the law and provides notice that the manufacturer may have to demonstrate compliance. In the Spring of 2013, CalRecycle sent out over 2000 letters to manufacturers requesting information as to whether the manufacturer sold products in an RPPC and if yes, to provide the State with the contact information for a company representative. Failure to respond to this notice resulted in a fine being assessed against the product manufacturer.
A look ahead:
As a follow up to the registration process, in March 2013, CalRecyle sent out 20 letters to randomly selected product manufacturers which put the manufacturer on noticed that they may be required to submit paperwork demonstrating compliance with the RPPC law for the 2014 calendar year. Product manufacturers requested by CalRecyle to demonstrate compliance will be required to file these forms by April 2015. In 2014, CalRecycle sent out 30 letters to product manufacturers putting them on notice that they will be required to demonstrate compliance for the 2015 compliance year. While product manufacturers are supposed to be in compliance at all times, the process set up by CalRecyle provides the opportunity for product manufacturers to be prepared to comply with the law. Product manufacturers who are found not to be in compliance with the law, can be fined up to $100,000.
Randy Pollack is an attorney based in Sacramento who represents product manufacturers. Randy can be reached at randy@whitebrennerllp.com or by calling 916-468-0621.
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- By Randy Pollack