California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 8 - Sustainable Packaging for the State of California › Section 17989 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions shall apply to the regulations contained in this Article:
(1) "Accepted" means knowingly incorporated
				  by a compost facility into the compost facility's routine daily operations for
				  processing at the end of a food service packaging item's intended purpose. A
				  food service packaging item is not considered "accepted" under this Article if
				  the compost facility that received the item does not compost the item or
				  identifies the item as a physical contaminant. "Physical contaminant" has the
				  same meaning as defined in the California Code of Regulations Title 14,
				  Division 7, Chapter 3.1, Article 1, Section
				  17852, subsection
				  (a)(32).
(2) "Aesthetic change"
				  means a change in the coloration and/or treatment of a food service packaging
				  item using inks, dyes, pigments, decals, or other methods that does not change
				  the material composition or construction of an approved food service packaging
				  item in a manner that impacts its ability to meet all applicable requirements
				  of Sections
				  17989.2 through
				  17989.5.
(3) "Collected" means picked up and delivered
				  to a recycling or composting facility after being used to serve or transport
				  food or beverages.
(4) "Composting"
				  has the same meaning as defined in Public Resources Code Section
				  40116.1.
(5) "Compost facility" has the same meaning
				  as "compostable materials handling operation" or "facility" as defined in
				  Division 7, Chapter 3.1, Article 1, Section
				  17852, subsection
				  (a)(12).
(6) "Cooking or food
				  preparation technique" includes, but is not limited to, the following:
(A) Cooking techniques, such as steaming,
				  microwaving, simmering, boiling, broiling, grilling, frying, or
				  roasting.
(B) Beverage preparation
				  techniques, such as blending, brewing, steeping, juicing, diluting, or
				  pouring.
(C) Food preparation
				  techniques, such as defrosting, rinsing, washing, diluting, cutting,
				  portioning, mixing, blending, assembling, coating, dipping, garnishing, or
				  icing.
(7) "Department"
				  means the Department of Resources Recycling and Recovery
				  (CalRecycle).
(8) "Food service
				  facility" means an operation or business that stores, prepares, packages,
				  serves, vends, or otherwise provides prepared food and is also one of the
				  following:
(A) An operation or business that
				  is located in a state-owned facility, including but not limited to: cafeterias,
				  restaurants, catering companies, shops, markets, delis, Department of
				  Corrections and Rehabilitation commissaries, University of California and
				  California State University food courts and dormitories, fairs, expositions,
				  and legislative offices.
(B) An
				  operation or business operating on or acting as a concessionaire on State
				  property.
(C) An operation or
				  business under contract to provide food service to a State
				  agency.
(9) "Food service
				  packaging item" means a specific combination of the food service packaging type
				  (e.g., plate, cup, bowl) and the materials the type of food service packaging
				  is made of (e.g., polyethylene terephthalate (PET), polylactic acid (PLA)-lined
				  paperboard).
(10) "Food service
				  packaging manufacturer" or "manufacturer" means a person that makes the food
				  service packaging items, and includes persons acting on the food service
				  packaging manufacturer's behalf.
(11)
(A)
				  "Food service packaging type" or "type of food service packaging" means a
				  product that is used for serving or transporting prepared, ready-to-consume
				  food or beverages and meets one or more of the following criteria:
(i) It comes into direct contact with the
				  prepared food or beverage;
(ii) It
				  keeps the prepared food or beverage contained while transporting it on or off a
				  food service facility's premises; or
(iii) It aids in the consumption of the
				  prepared food or beverage
(B) "Food service packaging type" does not
				  include beverage containers (as defined in Public Resources Code Section
				  42370.1(a)),
				  straws, cup lids, plastic bags, utensils, or single-use disposable packaging
				  for unprepared foods, or other types of items excluded pursuant to Public
				  Resources Code section
				  42370.1(c)(2).
(12) "Group of food service packaging items"
				  or "group of items" means food service packaging items made by one or more food
				  service packaging manufacturers and submitted under one application to meet the
				  requirements of this Article.
(13)
				  "Hauler" has the same meaning as defined in Division 7, Chapter 9, Article
				  9.25, Section
				  18815.2, subsection
				  (a)(32).
(14) "Jurisdiction" has
				  the same meaning as defined in Public Resources Code Section
				  40145.
(15) "Large volume transfer/processing
				  facility" has the same meaning as defined in Division 7, Chapter 3, Article
				  6.0, Section
				  17402, subsection
				  (a)(8).
(16) "List of Approved Food
				  Service Packaging" or "List" means the list, published by the department
				  pursuant to Public Resources Code Section
				  42370.3,
				  of the following:
(A) Food service packaging
				  items approved by the department for use at food service facilities;
				  and
(B) Materials that the
				  department determines satisfy the criteria stated in subsection
				  17989.4(a)(3)(A)
				  or 17989.5(a)(1)(A).
(17) "Mass produced" means that a food or
				  beverage product is manufactured and/or packaged by a third party not
				  affiliated with a food service facility and is intended to be sold or
				  distributed to the general marketplace, including, but not limited to, food
				  service facilities, without the use of any cooking or food preparation
				  techniques
(18) "Material" means
				  the particular ingredient or combination of ingredients, such as a feedstock,
				  coating, layer, or other tangible constituent matter, that partially or wholly
				  constitute a food service packaging item. A material shall be described by its
				  identifying characteristics, such as its form (e.g., thermoform) and
				  combination or integration of ingredients (e.g., PLA-lined paperboard), when
				  consideration of those characteristics is necessary to determine compliance
				  with this Article. A plastic material shall be identified by the name of the
				  plastic resin (#1-6 in accordance with Public Resources Code Sections
				  18013
				  through
				  18015),
				  the name of the plastic polymer (e.g., polylactic acid), or both (e.g., PET
				  #1).
(19) "Mixed material" has the
				  same meaning as defined in Division 7, Chapter 3.1, Article 1, Section
				  17852, subsection
				  (a)(26).
(20) "Organic waste" has
				  the same meaning as defined in Public Resources Code Section
				  42649.8,
				  subsection (d).
(21) "Person" has
				  the same meaning as defined in Public Resources Code Section
				  40170.
(22) "Per- and polyfluoroalkyl substance
				  (PFAS)" means a chemical that contains at least one fully fluorinated carbon
				  atom.
(23) "Plastic bag" means an
				  open-top, carryout-style plastic bag that has handles and is designed not to be
				  closeable or sealable.
(24)
				  "Prepared food" means a food or beverage prepared for consumption on or off a
				  food service facility's premises, using any cooking or food preparation
				  technique. "Prepared food" does not include prepackaged, sealed food that is
				  mass produced by a third party off the premises of the food service
				  facility.
(25) "Proposition 65
				  list" means the list published in the California Code of Regulations Title 27,
				  Division 4, Chapter 1, Article 9, Section
				  27001 pursuant to the Safe
				  Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code
				  Sections
				  25249.5
				  through
				  25249.14,
				  of chemicals known to the State of California to cause cancer or reproductive
				  toxicity.
(26) "Recycling" has the
				  same meaning as defined in Public Resources Code Section
				  40180.
(27) "Recycling facility" has the same
				  meaning as "recycling center" in Division 7, Chapter 3, Article 6.0, Section
				  17402.5, subsection (d).
(28) "Recycling program" means a diversion
				  program, as defined in Public Resources Code Section
				  40127,
				  established by a California jurisdiction for the purpose of providing recycling
				  or organic waste collection services to residents or businesses. A recycling
				  program must include services provided by a hauler that is authorized by a
				  State or local government entity pursuant to a contract, agreement, permit, or
				  other authorization to regularly collect materials within the government
				  entity's jurisdiction for recycling. "Recycling program" does not include a
				  takeback program, as defined in this subsection.
(29) "Takeback program" means a program that
				  recovers certain food service packaging items for reuse, recycling, or
				  composting and includes convenient options for customers to return the items to
				  the program. A takeback program may, without limitation, require a customer to
				  pay a deposit, or utilize other incentives offered by a food service packaging
				  manufacturer or food service facility to ensure the food service packaging
				  items are recovered for reuse, recycling, or composting.