Businesses that sell consumer products in California should be aware of upcoming changes to recycling label restrictions. Recently enacted California law requires that all products and packaging manufactured after October 4, 2026, must be considered “recyclable in the state” if they display the chasing arrows symbol or any other representation of recyclability.

This law, Senate Bill 343 (“SB 343”), subjects the display of the chasing arrows symbol and other green advertising claims to false advertising law, which may be enforced by the California Attorney General, local jurisdictions, or private enforcers. Any business that sells, distributes, imports, or offers to sell any product or packaging in California with associated claims of recyclability must be aware of SB 343 requirements to avoid potential liability.

SB 343 Requirements

SB 343 (2021) is meant to reduce deceptive or misleading representations of recyclability on products or packaging manufactured on or after October 4, 2026. As of that date, SB 343 restricts any individual or business entity from indicating that a product or packaging is recyclable unless it can be shown that that the material is considered “recyclable in the state” and is in fact routinely recycled. (Public Resources Code (“PRC”) § 42355.51(b)(1)).

The law also requires any business that advertises its products or packaging as recyclable to maintain detailed written records to support such claims. Finally, SB 343 requires that certain rigid plastic products, such as plastic bottles, must include a code to identify the type of resin used to construct the product.

“Recyclable in the State”

A product or package is considered “recyclable in the state” under SB 343 if, according to information published by the California Department of Resources Recycling and Recovery (“CalRecycle”), the material:

1. Is accepted for collection by recycling programs that collectively serve at least 60 percent of the state population; and
2. Is sorted into defined streams for recycling by qualified large volume transfer or processing facilities that collectively serve at least 60 percent of recycling programs statewide. (PRC § 42355.51(d)(2)). Additionally, the product or packaging must not contain any components, inks, adhesives, labels, or chemicals that prevent recyclability. (PRC § 42355.51(d)(3)).

Products that do not meet the above requirements may also be considered recyclable in the State if they have a demonstrated recycling rate of at least 75 percent. (PRC § 42355.51(d)(4)). Alternatively, a product or packaging may be considered recyclable in the state if the material is commercially valuable and can be collected by non-curbside recycling programs that meet specified requirements. (PRC § 42355.51(d)(5)).

Finally, a product or packaging may be considered recyclable in the state if it is part of a state or federal recycling or disposal program and CalRecycle determines that the material will not contaminate curbside recycling programs or otherwise deceive consumers regarding recyclability claims. (PRC § 42355.51(d)(6)).

Recordkeeping Requirements

SB 343 requires that any person who represents that a product or packaging is not harmful to the natural environment through the use of a chasing arrows symbol or other environmentally friendly terms must maintain written records to support such a representation. A substantial amount of information must be documented, including:

• The reasons the person believes the representation to be true; listing of any significant adverse environmental impacts directly associated with the production, distribution, use, and disposal of the consumer good;
• Measures to reduce the environmental impacts directly associated with the production, distribution, and disposal of the consumer good;
• Whether there are any violations of any federal, state, or local permits directly associated with the production or distribution of the consumer good;
• Whether the consumer good conforms with certain standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims; and
• Whether the consumer good meets all of the criteria for statewide recyclability. (Business and Profession Code (“BPC”) § 17850(a)).

The above information must be furnished to any member of the public upon request, within the limits of applicable law. (BPC § 17850(b)).

Resin Identification Code Requirements

SB 343 requires a resin identification code label for certain rigid plastic products. The required code includes a number placed inside a triangle with letters below the triangle to indicate the product material (PRC § 18015(a)). The number may not be placed inside a chasing arrows symbol unless the underlying material meets statewide recyclability criteria.

Enforcement

The consequences for violating SB 343 requirements can be severe. Violations of PRC § 42355.51 can be subject to civil liability in the amount of up to $2,000 per violation. A “violation” may mean a day of violation, an episode of improper labeling, or a single item improperly labeled. A company that produces just 50,000 items in violation of the requirements could be subjected to civil liability totaling tens of millions of dollars. In addition, remedies may be available under BPC § 17200, which allows for private enforcement by any person who has suffered an injury and has lost money or property because of unfair competition. (BPC § 17204).

Procopio’s environmental and natural resources attorneys have experience with SB 343 compliance and can assist with any questions you or your business may have regarding recycling requirements. For help, contact John Lormon, Ted Griswold, or Matt Abbot.