Exclusion for Certain De Minimis Components

Components of packaging that qualify as de minimis pursuant to 14 California Code of Regulations (CCR) section 18980.2.2(b) are not covered material under the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Act) and are not subject to the requirements of the Act. Only single-use packaging components, not single-use plastic food service ware, can be considered de minimis.

The following table lists components that CalRecycle determined to be de minimis. CalRecycle will reevaluate each entry on the list no more frequently than every five years.

Plastic and non-plastic components identified in this table must be consistent with the component description in the table and meet the criteria under 14 CCR, section 18980.2.2(b) to be de minimis. The criteria include the following:

• They are not an independent plastic component.
• The component does not prevent otherwise recyclable packaging from meeting the criteria for being considered recyclable in the state under Public Resources Code section 42355.51(d).
• They do not prevent recyclability or make recycling or composting more difficult.
• Designating it as having a de minimis weight or volume enables usage of recyclable, compostable, reusable or refillable packaging.
• Their disposal, processing, and handling do not create health or safety risks or have a significant effect on the environment.
• Their use in packaging is not prohibited under any California or federal law.

The table is not a comprehensive or exhaustive list of all packaging components that may be considered de minimis. Producers that consider components to be de minimis, whether the list identifies them or not, must ensure those components meet all the criteria pursuant to 14 CCR section 18980.2.2(b).