SB 343 (Allen)

OVERVIEW

SB 343 provides “truth in labeling” to familiar recycling symbols on many plastic and packaging products. The measure prohibits the use of the chasing-arrows symbol on products that are not truly recyclable.

THE ISSUE

Before 2017, the United States sent 4,000 shipping containers full of waste to China each day, including two-thirds of California’s potentially recyclable materials. Exporting this material allowed cities and counties to keep it out of local landfills. It also inaccurately inflated state recycling rates, as recyclers in China and other countries picked out valuable materials and dumped or incinerated the rest. Since 2018, China and other countries have refused to accept all but the most valuable material, which has caused markets for plastic packaging that was previously considered “recyclable” to collapse.

This change has severely strained California’s local waste collection systems. Without a willing buyer for most of the plastic material being produced, the costs associated with sorting and landfilling the waste falls to local jurisdictions and their ratepayers. Recent waste management rate increases in Sacramento and elsewhere have been attributed, at least in part, to this problem. A 2018 study by CalRecycle found that plastic bags, films, and wraps – despite being only 12% of the waste stream – were “the largest type of contamination in curbside recycling bins.” This flexible plastic material with limited market value interferes with recycling facility machinery and, as a contaminant, lowers the value of recyclable paper and cardboard.

The strain on local recycling and waste systems is compounded as most consumers don’t know exactly what is and isn’t recyclable. The plastic resin identification coding (RIC) system, which classifies plastic types by numbers one through seven displayed within the chasing-arrows symbol, further confuses consumers. The RIC system helps waste facilities to properly sort plastics, but most consumers simply see the chasing arrows and assume that a product can be recycled -- even when it can’t be recycled, can only be recycled rarely, or does not have a market.

The Statewide Commission on Recycling Markets and Curbside Recycling recently reported, “Since consumers equate the ‘recycle’ word and symbol with what is accepted in curbside recycling bins, the ‘recycle’ word and symbol must be reserved for materials which are accepted in curbside bins and do not cause contamination.”

Position: Sponsored by Californians Against Waste & National Stewardship Action Council
Contact: Nick Lapis & Nicole Kurian

BILL SUMMARY

SB 343 will end consumer confusion about which material is suitable for the blue recycling bin. It helps reduce contamination of recyclable materials, lowers waste volume, and improves real recycling rates.

The measure expands the existing “Truth in Environmental Advertising'' law that prohibits the use of the word “recyclable” on unrecyclable products.  Specifically, the measure prohibits the use of the chasing-arrows symbol or any other suggestion that a material is recyclable, unless the material is actually recyclable in most California communities and is routinely sold to manufacturers to make new products. Through regulations, CalRecycle will determine which materials are truly recyclable and will publish on its website a list of acceptable materials that may continue to have the chasing arrows symbol .

SB 343 includes a process for producers of materials that do not yet meet the criteria to submit a plan to CalRecycle that demonstrates a commitment to increasing the collection, sorting, and recycling of their materials. If CalRecycle approves the plan, the producer may continue to encourage consumers to put their material in the blue bins.

Status: Signed by the Governor
Current language, analysis, and votes: SB 343