The International Dairy Foods Association has called on California’s Packaging Producer Responsibility Advisory Board to approve a proposal to exempt dairy plastics from state recycling targets.
The circular action alliance’s proposal would temporarily exclude widely used rigid and flexible plastics in dairy packaging from SB 54 performance targets.
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California’s SB 54 mandates a 25% reduction in single-use plastic, requires 100% of packaging to be recyclable/compostable and aims for a 65% plastic recycling rate by 2032.
Danielle Quist, the association’s vice-president of regulatory affairs and counsel, said in testimony that the law’s short-term recycling and source reduction requirements cannot be met by many standard dairy packaging materials within the current timetable.
According to the IDFA, the requested exemptions for materials facing distinct challenges would allow more time for packaging development, upgrades to recycling systems and related investment needed to address food safety and product quality issues.
The association said several packaging types used across dairy products, such as high-density polyethylene, polyethylene terephthalate, polypropylene, gable-top cartons and aseptic cartons, can be recycled but currently fall short of the recycling rate levels set under SB 54.
It added that flexible films and other materials with lower recyclability would need a longer transition period as well as workable improvement plans before they could comply with the state’s standards.
The IDFA also asked the CAA to pursue a three-year waiver from producer responsibility organisation (PRO)-level source reduction rules covering plastics used in dairy packaging.
Quist said options to cut packaging at source are constrained because dairy products are perishable and their packaging must meet food safety and quality requirements.
She also pointed to concern over SB 54’s use of a 2023 baseline for source reduction, saying it does not reflect future growth in sales of nutritious dairy products that depend on plastic packaging.
If the exemptions are granted and later extended, they could temporarily shield covered materials from state enforcement measures or bans linked to missing statutory recycling and source reduction benchmarks.
The association also called on the CAA and the advisory board to keep post-consumer recycled content available as a compliance route once supply becomes stronger and sufficiently pure for use in dairy packaging.
Quist said: “The timeline for meeting SB 54’s performance goals is out of step with current market and recycling system realities. The proposed temporary exemptions are necessary to give producers and CAA additional time to meet SB 54’s requirements in a more practical and achievable way while continuing to protect safe, nutritious and highly perishable dairy foods.
“IDFA members support sustainable packaging and are working to improve packaging, but unworkable mandates and unrealistic timelines will not solve the recycling challenges facing dairy packaging. California should recognise the unique challenges facing dairy products and avoid enforcement actions or material bans that could disrupt the availability of safe, affordable and nutritious foods for consumers.”
