42100. For purposes of this chapter, the following definitions apply:(a) “Cushioning” means material used to protect goods by absorbing shocks and vibrations during shipping. Plastic cushioning includes, but is not limited to, plastic bubble wrap and inflatable plastic pillows.(b) “Expanded polystyrene packaging” means any packing material made of polystyrene that has been expanded or blown using a blowing agent into a solid foam, including, but not limited to, loose fill, often referred to as packing peanuts, and molded foam.(c) “Extruded polystyrene packaging” means any packing material made of polystyrene that when manufactured is forced through a die, a process known as extrusion, then allowed to cool and expand into the desired shape to form a foam product.(d) “Large online retailer” means an online retailer that has both of the following:(1) Annual gross sales equal to or more than one million dollars ($1,000,000) in or into the state.(2) Equal to or more than 2,500 shipping units sold and transported in or into the state annually.(e) (1) “Online retailer” means a business that sells goods over the internet and transports goods by mail or parcel delivery. An online retailer includes business-to-business and business-to-consumer sales of products.(2) An online retailer does not include an online marketplace that satisfies all of the following:(A) Is an online or mobile application providing user services and facilitating sales solely from third-party sellers to third-party buyers.(B) Does not own any of the inventory for sale on the online marketplace.(C) Does not ship or control the distribution, packaging, or transport of any products on the online marketplace.(D) Facilitates and permits direct, unhindered communication between the third-party buyer and the third-party seller.(E) Conspicuously displays the third-party seller’s location.(F) Does not determine the price for the product offered on the online marketplace.(G) Is not a large online retailer.(3) An online retailer does not include a public or privately operated motor carrier, as defined in Section 13102 of Title 49 of the United States Code, that only transports a parcel that has been placed into packaging prior to the motor carrier’s taking possession of the parcel and is not opened until after the motor carrier has delivered the parcel.(f) “Packaging” includes, but is not limited to, all of the following:(1) Primary packaging that most closely protects the product or sales unit and is the last piece of packaging the consumer opens.(2) Secondary packaging that is the outermost layer or layers of packaging around a sales unit or sales units shipped to consumers that may contain a single product or be used to group products during transit.(3) Tertiary packaging or dunnage such as cushioning and void fill used to facilitate the protection, handling, and transportation of a sales unit or sales units to consumers.(g) “Plastic film” means thin flexible sheets of plastic, sold in thicknesses of up to 10 millimeters, of which the majority produced are made of polyethylene resins. Plastic film is used to produce, and includes, shipping envelopes, cushioning, and void fill.(h) “Reusable packaging” means packaging that is all of the following:(1) Designed for reuse in the same or similar application, or for another purposeful packaging use in a supply chain.(2) Highly durable to function properly in its original condition for multiple trips and its lifetime is measured in years.(3) Repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse.(4) Prevented, at the end of its life, from becoming solid waste with a process in place for recovery and recycling at the final destination of the packaging.(i) “Shipping envelope” means packaging used for the containment, protection, handling, or delivery of smaller goods by a manufacturer or retailer for the user or consumer. A plastic shipping envelope includes, but is not limited to, plastic mailers, envelope mailers, lightweight plastic mailers, padded plastic mailers, poly mailers, poly bubble mailers, plastic shipping mailers, and paper mailers with plastic lining.(j) “Single-use packaging” means packaging that satisfies any of the following:(1) Is intended for a single use.(2) Is regularly discarded, recycled, or otherwise disposed of after a single use.(3) Is not reusable packaging.(k) “Small online retailer” means an online retailer that has either of the following:(1) Annual gross sales of less than one million dollars ($1,000,000) in or into the state.(2) Less than 2,500 shipping units sold and transported in or into the state annually.(l) “Void fill” means a filler material used to close up the free space in a shipping container and prevent excessive movement. Plastic void fill includes, but is not limited to, sealed air and expanded or extruded polystyrene packaging.

42101. (a) (1) An online retailer that sells or offers for sale and ships purchased products in or into the state shall not use single-use plastic packaging that consists of shipping envelopes, cushioning, or void fill to package or transport the products.(2) A large online retailer shall comply with this subdivision on and after January 1, 2024.(3) A small online retailer shall comply with this subdivision on and after January 1, 2026.(b) (1) Except as provided in paragraphs (2) and (3), a manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state shall not use expanded or extruded polystyrene packaging to package or transport the products.(2) A manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state may use expanded or extruded polystyrene packaging to package or transport televisions, printers, computer screens, and large appliances until January 1, 2025.(3) A manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state may use expanded or extruded polystyrene packaging to package or transport any of the following items:(A) Prescription drugs that require cold storage.(B) Fragile medical devices.(C) Drugs that are used for animal medicines that require cold storage, including, but not limited to, parasiticide products for animals.(D) Medical food, as defined pursuant to Section 360ee(b)(3) of Title 21 of the United States Code, that requires cold storage.(E) Fortified oral nutritional supplements used for persons who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, or other medical conditions as determined by the department that require cold storage.(c) This chapter does not apply to any of the following:(1) Packaging that is used as primary packaging for raw, uncooked, or butchered meat, fish, poultry, or seafood sold for the purpose of cooking or preparing.(2) Packaging that is necessary to prevent the contamination or extends the shelf life of fresh produce.(3) Packaging for which the application of this chapter would conflict with regulations issued by the United States Food and Drug Administration or the United States Department of Food and Agriculture or pursuant to the federal FDA Food Safety Modernization Act (21 U.S.C. Sec. 2201 et seq.).

42105. This chapter does not prohibit the adoption, implementation, or enforcement of a local ordinance, resolution, regulation, or rule governing curbside or dropoff recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including any action relating to fees for these programs.

42106. (a) An action to enforce this chapter may be brought by the Attorney General upon a complaint from the department, or brought by a county counsel, or city attorney from a city or city and county with a full-time city prosecutor, upon a complaint by a local agency, resident located within the jurisdiction, the department, or the Statewide Commission on Recycling Markets and Curbside Recycling.(b) An entity authorized to bring an action pursuant to subdivision (a) may impose civil liability on a person or entity that knowingly violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations of this chapter, if the entity is a small online retailer.(c) An entity authorized to bring an action pursuant to subdivision (a) may impose civil liability in the amount not to exceed fifty thousand dollars ($50,000) per day for a violation of this chapter, if the entity is a large online retailer.(d) Any civil penalties collected pursuant to this section shall be paid to the office of the Attorney General, county counsel, or city attorney, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General shall be deposited into the Plastic Packaging Reduction Penalty Account, which is hereby created in the State Treasury. Moneys in the account may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.(e) In addition to any civil penalties collected in accordance with this section, the Attorney General, county counsel, or city attorney may seek all costs and attorney’s fees incurred by the prosecuting entity as well as the costs incurred by the department or a local agency in investigating the matter.

42107.  The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

42250. For purposes of this chapter, the following definitions apply:(a) “Manufacturer” means the producer of a plastic carryout bag sold to a store.(b) “Operator” means a person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store.(c) “Plastic carryout bag” means a plastic carryout bag provided by a store to a customer at the point of sale, including, but not limited to, plastic reusable bags.(d) “Reusable bag” is a bag that meets the criteria described in subdivision (a) of Section 42281.(e) “Store” means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and that meets either of the following requirements:(1) Meet the definition of a “supermarket” in Section 14526.5.(2) Has over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.

42251. (a) The operator of a store shall establish an at-store recycling program pursuant to this chapter that provides an opportunity for a customer to return to the store clean plastic carryout bags and clean reusable bags.(b) A retail establishment that does not meet the definition of a store and that provides plastic carryout bags to customers at the point of sale may also adopt an at-store recycling program, as specified in this chapter.

42252. An at-store recycling program provided by the operator of a store shall include all of the following:(a) A plastic carryout bag or reusable bag provided by the store shall have printed or displayed on the bag, in a manner visible to a consumer, the words “PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING.”(b) A collection bin for plastic carryout bags and reusable bags shall be placed at each store and shall be visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags and reusable bags.(c) All plastic bags collected by the store shall be collected, transported, and recycled in a manner that does not conflict with the local jurisdiction’s source reduction and recycling element, pursuant to Chapter 2 (commencing with Section 41000) and Chapter 3 (commencing with Section 41300) of Part 2.(d) The store shall maintain records describing the collection, transport, and recycling of plastic bags collected for a minimum of three years and shall make the records available to the department and the local jurisdiction, upon request, to demonstrate compliance with this chapter.

42253. (a) This chapter does not prohibit the adoption, implementation, or enforcement of any local ordinance, resolution, regulation, or rule governing curbside or dropoff recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including any action relating to fees for these programs.(b) This chapter does not affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste.

42254. (a) A city, a county, or the Attorney General may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation of this chapter, and two thousand dollars ($2,000) for the third and any subsequent violation of this chapter.(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General shall be deposited into the At-Store Recycling Program Penalty Account, which is hereby created in the State Treasury. Moneys in the account may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.

42255. (a) This chapter, except for subdivision (d) of Section 42252 and for Section 42254, shall become inoperative on January 1, 2031.(b) This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed.