On Thursday, September 9, 2021, the California state senate passed SB 343, a bill which would prevent non-recyclable plastic items from displaying the “chasing arrows” symbol, commonly associated with recyclability. It was signed into law by Governor Gavin Newsom on October 5.

The passage of SB 343 was prompted by the common misconception that all items that include the “chasing arrows” symbol on their packaging are being recycled. This is often not the case. An estimated 85% of single-use plastics that enter recycling streams in California are not recycled and end up in a landfill. However, because these items display a ubiquitous symbol of recyclability, they are typically perceived by consumer to be recyclable.

The new California bill will require the California Department of Resources Recycling and Recovery (CalRecycle) to publish a list of the types of plastic items which are actually recyclable in the state. They will also evaluate additives like inks, labels, and PFAS which can impact recyclability. The list has to be finalized by the end of 2023 and updated every five years. The bill will prohibit items not on the list from being marketed as recyclable, including using the chasing arrows symbol. Plastic producers will have 18 months after the list’s release to comply.

In California, the only types of plastic that are generally recycled are those bearing recycling code 1 or 2. The law will most likely permit these items to continue using the chasing arrows and would ban plastics using codes 3 through 7 from using the symbol or otherwise being marketed as recyclable.

Recycling code 1 (polyethylene tetraphthalate, or PETE) includes items like soda bottles, salad dressing bottles, and peanut butter jars. Code 2 (high density polyethylene, or HDPE) includes items like milk jugs, cereal box liners, and bottles for juices, shampoo, and laundry detergent. Other items, like shrink wrap, freezer bags, newspaper and bread bags, yogurt containers, honey and syrup bottles, and anything made of Styrofoam, could no longer be represented as recyclable. The bill will have no impact on paper, glass, and metal recycling. 

SB 343 is the first legislation of its kind in the U.S. Supporters have lauded the bill as a step in the right direction for reducing customer confusion and ensuring that only truly recyclable items are entering the recycling stream. It was passed as part of a suite of waste-related legislation aimed at improving California’s recycling and composting programs.

Posted in Renewable Resources Report