20250AB__225396AMD INTRODUCED 2026-02-19 AMENDED_ASSEMBLY 2026-04-08 AMENDED_SENATE 2026-06-25 AMENDED_SENATE 2026-07-02 2025 AB AMD Introduced by Assembly Member Boerner LEAD_AUTHOR ASSEMBLY Boerner

An act to amend

Section 42357.6 of the Public Resources Code, relating to solid waste. solid waste Solid waste: products: recycled content claims. Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim.

Existing law requires the maintained information to include that the recycled content for materials has been diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer) and that the recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of these provisions.

This bill would expand the application of those provisions from plastic food container products to all products making recycled content claims. The bill would revise the reference to the Federal Trade Commission Guides for the Use of Environmental Marketing Claims to specifically refer to those guides as they read on January 1, 2026.

The bill would additionally require documentation in written form that the recycled content material claimed does not exceed the amount of third-party certified recycled content introduced into the manufacturer’s or supplier’s overall supply stream for the material used in that product line. The bill would require the recycled content claim to be based on the actual recycled content used in the production of the material used in the product line using specified methods. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 42357.6 of the Public Resources Code is amended to read: <caml:Num>42357.6.</caml:Num><caml:LawSectionVersion id="id_F06E3306-70BA-41D9-B6E9-8D887ACA9CF9"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>For purposes of this section, “postconsumer” means a material that would otherwise be destined for disposal, having completed its intended end use and product life cycle. “Postconsumer” does not include materials or byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.</xhtml:p><xhtml:p>(b)</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?> 42357.6. (

a) A manufacturer or supplier making a voluntary recycled content claim on a physical product label or on digital product labeling for products sold online relating to the recycled content of a product shall maintain information and documentation, which shall be in written form in its records, of all of the following in support of that claim:

(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).

(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R.

Part 260), as it read on January 1, 2026. (3)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>The recycled content claim is based on the actual physical recycled content used in the production of the product, as calculated by methods including segregated model, controlled blending model, and rolling average percentage, without the use of credit-based mass balance accounting, including proportional credit and nonproportional credit allocation, “book-and-claim” accounting, or similar approaches that are not based on the actual physical recycled content used in the production of the product.</xhtml:p>"?> (3) (

A) The amount of recycled content material claimed on the label or labeling does not exceed the amount of third-party certified recycled content introduced into the manufacturer’s or supplier’s overall supply stream for the material used in that product line. Individual products within that product line may contain recycled content levels that are higher or lower than that claimed amount due to normal variations in supply chain operations or manufacturing processes. (

B) In complying with subparagraph (A), the recycled content claim shall be based on the actual recycled content used in the production of the material used in the product line, as determined using any of the following chain of custody models: segregated model, controlled blending model, or rolling average percentage method, as described in International Organization for Standardization (ISO) standard 22095:2020(E). (B)</xhtml:p>"?> (

C) For a plastic beverage container subject to

Section 14549.3, compliance with the reporting requirements established pursuant to subdivision (

a) of

Section 14549.3 shall be deemed to satisfy the requirements of subparagraphs (

A) and (B). (c)</xhtml:p>"?> (

b) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this

section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its internet website containing the information and documentation. (d)</xhtml:p>"?> (

c) Unless otherwise required by law, nothing in this

section shall be interpreted to mean that a voluntary recycled content claim on a physical product label or on digital product labeling for products sold online includes a regulatory filing or statement that is required to verify compliance with a recycled content goal or mandate, including filings, plans, or statements submitted by a producer responsibility organization. (1)<xhtml:span class="EnSpace"/>The United States Securities and Exchange Commission.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The Climate Corporate Data Accountability Act (Section of the Health and Safety Code).</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>The Climate Related Financial Risk Disclosure Program established under

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>The Plastic Pollution Prevention and Packaging Producer Responsibility Act (Chapter 3 (commencing with

Section 42040)).</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The Responsible Textile Recovery Act of 2024 (Chapter 20.5 (commencing with

Section 42984)).</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>The rigid plastic packaging container law established under

Chapter 5.5 (commencing with

Section 42300).</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>The plastic trash bag law established under

Chapter 5.4 (commencing with

Section 42290).</xhtml:p><xhtml:p>(e)</xhtml:p>"?> (

d) This

section does not limit the requirements of this

chapter or any other law.