G/TBT/N/USA/1966  
14 February 2023  
(23-1066) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California  
2. Agency responsible:   
Department of Resources Recycling and Recovery, State of California [1996]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X], 7.2 [X] , 
other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Recycling, 
plastic content; Quality (ICS code(s): 03.120); Environmental protection (ICS code(s): 
13.020); Recycling (ICS code(s): 13.030.50);  Plastics (ICS code(s): 83.080)  
5. Title, number of pages and language(s) of the notified document:  Plastic Content 
Reporting and Compliance; (17 page(s), in English)  
6. Description of content:  Proposed rule - The Department of Resources Recycling and 
Recovery ( CalRecycle ) is proposing permanent regulations per Public Resources Code 
(PRC) section 14547  in response to Assembly Bill (AB) 793  that would adopt definitions 
for postconsumer recycled material, post -industrial recycled material, plastic material 
reclaimer, manufacturer of postconsumer recycled plastic, and clarify definitions for food -
grade, and bottle -grade terms; recordkeeping and compliance requirements for beverage 
manufacturers; reporting requiremen ts for beverage manufacturers, plastic material 
reclaimers, and manufacturers of postconsumer recycled plastic; petition requirements 
for an association to petition CalRecycle's Director to adjust the minimum postconsumer 
recycled content standard; and, re quirements for beverage manufacturers to submit 
corrective action plans and requests for reducing administrative penalties.  
These proposed regulations would also amend section 2100 to make clear that failure to 
file a required report correctly and accurat ely by a beverage manufacturer, a plastic 
material reclaimer, or a manufacturer of postconsumer  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment; Quality 
requirements  G/TBT/N/USA/1966  
 
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  8. Relevant documents:   
No. 4 -Z, California Regulatory Notice Register 27 January 2023 (pages 78 -82): 
https://oal.ca.gov/wp -content/uploads/sites/166/2023/01/2023 -Notice -Register -
Number -4-Z-January -27-2023.pdf?emrc=63 e0e247002e5  
AB 793 Plastic Content Reporting and Compliance Permanent Regulations  
https://calrecycle.ca.gov/Laws/Rulemaking/plasticcontent/?emrc=63e0e0f1b93e9  
The Department of Resources Recycling and Recovery (CalRecycle) will hold a hybrid 
public hearing on 21 March 2023. To attend virtually via Zoom, you must register here. 
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point  by or before 4pm Eastern Time  on 21 March 2023. Comments received by 
the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with 
the regulator if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  21 March 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_107 7_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_1077_01_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_1077_02_e.pdf