Issue Alert!

Comments from March 12 on CA Labeling of Portion Control Containers, Proposed Permanent Regulations, new Subsection 2200(b)(3).

The Society of the Plastics Industry, Inc. (SPI) is pleased to submit comments on the California Department of Conservation proposed regulations regarding labeling of portion control containers. Specifically, the California Code of Regulations, Section 2200, is being amended to modify and clarify the labeling requirements for beverage containers new to the recycling program.

Founded in 1937, SPI is the trade association representing one of the largest manufacturing industries in the Untied States. SPI's 1600 members represent the entire plastics industry supply chain including processors, machinery and equipment manufacturers, and raw material suppliers. The U.S. plastics industry employs over 1.5 million workers and provides $304 billion in annual shipments. The state of California is the largest plastics employer of any state in the nation, surpassing over 137,000 jobs. For more information on the industry, please reference our website at www.plasticsindustry.org. .

As proposed, the action would allow beverage manufacturers of plastic portion control containers to label either: on the top and bottom of the container; or, if the container has a smooth side, on the side of the container. By allowing labeling on the bottom of the container will be easier for recyclers to identify CRV containers because they must currently examine the bottom of the containers to determine the resin type. Labeling on the top of the container will allow consumers to easily identify the container as a CRV container at the time of purchase.

The plastics industry, represented by SPI, strongly supports the Department of Conservation's proposal to allow labeling or engraving on the bottom of plastic portion control containers to comply with the labeling requirements of the law. In many instances these containers have ridged, or fluted, sidewalls making labeling or engraving of sidewalls virtually impossible, or, at the very least, expensive. Even with a smooth sidewall, engraving is expensive and will interfere with the stacking and dispensing of the products.

Additionally, to apply paper or plastic to the sidewalls is difficult and costly, and would defeat the intent of the law for recycling by adding a different material to these containers which may be difficult, or even impossible, to separate.

The bottoms of these portion control containers usually are engraved to identify the type of plastics resin to aid in recycling and, in many instances “CA Cash Refund” can also be engraved on the bottom as well. This will entail a one-time extra cost, especially of existing tooling, but it is a viable option compared to any type of sidewall engraving or labeling.

By allowing the flexibility for engraving on the bottom of plastic portion control container, the intent of the law will be satisfied, the recycling component will be accommodated, and industry will not have to incur exorbitant unnecessary costs of re-tooling.

Again, SPI appreciates the opportunity to offer these comments on the California Department of Conservation proposed regulations regarding labeling of portion control containers. Specifically, the California Code of Regulations, Section 2200 to modify and clarify the labeling requirements for beverage containers new to the recycling program is being examined..

We will be happy to discuss this letter or respond to any questions you may have. And, please feel free to contact us if we can be of further assistance (202-974-5219).

Sincerely,

Maureen A. Healey Vice President & Chief Regulatory and State Affairs Officer

Attachment (Calif. One-Page Economic Data)

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