§ 17989.1. List of Approved Food Service Packaging.
14 CA ADC § 17989.1Barclays Official California Code of Regulations
14 CCR § 17989.1
§ 17989.1. List of Approved Food Service Packaging.
(b) The List shall also include a section that identifies materials which the department determines have met the requirements of subsection 17989.4(a)(3)(A) or 17989.5(a)(1)(A). Food service packaging manufacturers may identify the materials specified on the List pursuant to subsection 17989(a)(16)(B) in the application submitted pursuant to Section 17989.6. The department shall consider whether materials are identified on the List when making recyclability and compostability determinations for food service packaging items.
(1) With regard to the potential removal of a food service packaging item from the List, notify the food service packaging manufacturer of the reasons for the department's preliminary determination and allow no fewer than 30 days for the manufacturer to submit written comments and additional information relevant to the department's preliminary determination.
(f) The department shall notify a food service packaging manufacturer when the department determines that a manufacturer's food service packaging items included on the List may contain a chemical that has been added to the definition of “regulated metal” in Health and Safety Code Section 25214.12(l) pursuant to the Toxics in Packaging Prevention Act (Health and Safety Code Sections 25214.11 through 25214.26), as that definition may be modified by statute or by regulations promulgated by the Department of Toxic Substances Control pursuant to its rulemaking authority under Health and Safety Code Section 25214.26, or added to the Proposition 65 list.
(2) If this information is not received within 60 days of the date of the notification, or if the department determines that the food service packaging item no longer satisfies the criteria set forth in subsections 17989.2(a)(1) or 17989.2(a)(2). the department shall remove the food service packaging items from the List.
(1) If the department determines that a new application pursuant to Section 17989.6 is reasonably necessary for the department to evaluate whether a food service packaging item is reusable, recyclable, or compostable, the department shall notify the manufacturer that the item requires a new application. The food service packaging manufacturer shall submit a new application to the department within 180 days of the date of the notification, and the department shall consider such application in making its determination of whether the item is reusable, recyclable, or compostable. If a new application is not submitted within 180 days of the date of the notification, the department shall remove the food service packaging item from the List, and the requirements of subsection (e) shall not apply.
Credits
Note: Authority cited: Sections 40401, 40502 and 42370.2, Public Resources Code. Reference: Sections 42370.2 and 42370.3, Public Resources Code.
History
1. New section filed 12-6-2021; operative 12-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 14, § 17989.1, 14 CA ADC § 17989.1
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