AMENDED IN SENATE AUGUST 21, 2026

AMENDED IN SENATE AUGUST 13, 2026

AMENDED IN SENATE JULY 2, 2026

AMENDED IN SENATE JUNE 25, 2026

AMENDED IN ASSEMBLY APRIL 8, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Assembly Member Boerner

February 19, 2026

An act to amend, repeal, and add Section 42357.6 of the Public Resources Code, relating to solid waste.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

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 and to, upon request, furnish that maintained information to any member of the public, as specified. 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, beginning January 1, 2030, 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. The bill would require a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a product other than a plastic food container product to furnish, upon request, the aforementioned maintained information to the Attorney General, as specified. The bill would also keep any confidential, proprietary, or trade secret information provided or obtained regarding a product, other than a plastic food container product, confidential, as provided.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The people of the State of California do enact as follows:

SECTION 1.

Section 42357.6 of the Public Resources Code is amended to read:

42357.6.

(a) For purposes of this section, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.

(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both 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).

(c) 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) This section does not limit the requirements of this chapter or any other provision of law.

(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 2.

Section 42357.6 is added to the Public Resources Code, to read:

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 postindustrial) 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) (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. Audited documentation may be used to substantiate recycled content claims for materials where third-party certification is not feasible.

(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: identity-preserved model, segregated model, controlled blending model, rolling average percentage method, as described in International Organization for Standardization (ISO) standard 22095:2020(E), or the actual recycled content used in the production of the material used in the product line, as determined through proportional attribution, as defined in ISO standard 22095-2:2026, as long as no recycling credits are provided to any form of fuel use or fuel production and without credit transfers between unrelated processes.

(C) For a plastic beverage container subject to Section 14549.3, compliance 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).

(b) (1) For purposes of this subdivision, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.

(2) A manufacturer or supplier of a plastic food container product 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. The information and documentation shall disclose what compliant chain of custody model was used to calculate the recycled content over either a fiscal quarter or annual period.

(3) A manufacturer or supplier of a product other than a plastic food container product shall furnish the information and documentation that it is required to maintain pursuant to this section to the Attorney General, upon request, if the Attorney General suspects a violation of this section. The information and documentation shall disclose what compliant chain of custody model was used to calculate the recycled content over either a fiscal quarter or annual period.

(4) (A) In lieu of, or in addition to, furnishing information and documentation directly to the Attorney General pursuant to paragraph (3), a manufacturer or supplier may elect to have the information and documentation reviewed by an independent third-party auditor qualified to evaluate recycled content accounting systems, chain of custody methodologies, and supporting records.

(B) The independent third-party auditor shall assess whether the manufacturer’s or supplier’s recycled content claim is supported by sufficient evidence, are calculated in accordance with the requirements of this section, and are substantiated through appropriate records, controls, and documentation.

(C) Upon completion of the review, the independent third-party auditor shall issue an attestation, assurance statement, or equivalent audit report stating whether the auditor identified any material deficiencies, material misstatements, or nonconformities in the substantiation of the recycled content claim.

(D) A manufacturer or supplier electing to use an independent third-party auditor pursuant to this paragraph shall maintain the resulting audit report and supporting documentation produced pursuant to subparagraph (C) and shall provide those materials to the Attorney General upon request as part of any investigation authorized pursuant to this section.

(5) Notwithstanding subdivision (d), any confidential, proprietary, or trade secret information provided or obtained pursuant to paragraph (3) or (4) shall not be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall remain protected from public disclosure to the fullest extent permitted by law.

(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.

(d) This section does not limit the requirements of this chapter or any other law.

(e) This section shall become operative on January 1, 2030.

SEC. 3.

The Legislature finds and declares that Section 2 of this act, which adds Section 42357.6 to the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to protect confidential, proprietary, or trade secret information contained in information and documentation required to be provided pursuant to Section 42357.6, 42357.6 of the Public Resources Code, the limitations on the public’s right of access imposed by Section 2 of this act are necessary.