Recycling regulations need improvement

OPINION – Berry farmers and brand owners across the Western Hemisphere united in 2020 and pledged their commitment to sustainable packaging. That same year, we worked with Senator Ben Allen and Governor Gavin Newsom to support SB54, The Plastic Pollution Prevention & Packaging Producer Responsibility Act,  which regulates all single-use packaging in California. Ironically, the implementing regulations currently under consideration by California’s Department of Resources Recycling and Recovery (CalRecycle) now threaten our recycling efforts.

In the 1990s, berry farmers invented the clear plastic clamshell to reduce food waste, improve transport, and enhance food safety. By the early 2000s, berry clamshells contained more than 50% recycled content. For many years, CalRecycle highlighted the berry clamshell as a success story. In fact, for nearly a decade, California berry clamshells contained the most California recycled content of any food package in the nation.

While berry clamshells contain recycled plastic, the paper labels glued to them clogged the washing process and deterred further recycling. So, we organized berry farmers to discontinue paper labels and adopt more expensive labels. These actions optimize the recycling process to boost recycling rates of plastic clamshells.

Today, California berry clamshells are officially declared “recyclable” and exceed nearly all SB54 requirements. Berry farmers are sourcing new berry clamshells with recycled plastic from post-consumer clamshells to create a circular economy. We are leading by example to show how farmers are moving faster and more cost-effectively than regulations to invent and optimize the most sustainable berry package in the world.

Unfortunately, CalRecycle’s draft regulations eliminate provisions included in SB54 to address the unique challenges of fresh produce packaging and don’t recognize the recycling efforts already taken. The draft regulations are hundreds of pages of overly complicated, highly prescriptive procedures that are sometimes contrary to the law.

When SB54 was signed, Senator Allen, who authored the bill, stated, “California was able to show that we can pass strong environmental legislation with bipartisan support that brought together the environmental and business communities.” Unfortunately, the regulations fail to live up to that promise.

Transforming the supply chain and waste systems of the world’s fifth-largest economy requires thoughtful execution. CalRecycle projects that the regulation will cost every household in California hundreds of dollars. Proceeding with the current draft regulations risks run-away costs and sets up the program for failure.

For example, France and Canada proposed a complete phase-out of single-use plastic packaging.

They did not know that berry clamshells are made of polyethylene terephthalate (PET) – the most recycled plastic in the world. They did not know that PET clamshells provide the best protection for food safety, prevent damage, and reduce food waste better than any other material.  They also did not know that PET clamshells produce lower carbon emissions, and if they were switched to cardboard containers, the cardboard containers would consume over 10,000 acres of trees annually.

After learning more about the benefits of berry clamshells, Canada paused the ban, and France permanently exempted 29 fruits and vegetables. Canada noted the critical role packaging plays in protecting perishable produce throughout the entire supply chain, stating,

“A much different picture emerged in relation to product protection functions. A direct correlation exists between the importance of packaging functions related to product protection and products’ perishability. The increased importance of these packaging functions extends across the value chain.”

France recognized that without exemptions, fruits and vegetables are at more risk of deterioration, leading to spoilage – causing food waste and safety risks.

“This French decree is an implementation of the Anti-waste and Circular Economy (Agec) law which… provides exemptions for “fruits and vegetables presenting a risk of deterioration when sold in bulk.”

In contrast, California’s draft regulations disregard these realities and eliminate SB54 provisions that give dispensation for on-farm packing, fresh produce, and food safety.

Without substantial changes, the SB54 draft regulations will disrupt recycling systems, jeopardize supply chains, increase grocery costs for every Californian, and likely force a shift toward less sustainable packaging. California must take the time to correct flaws in the draft regulations and restore SB54 provisions that affect many different industry sectors, including dispensation for on-farm packaging, fresh produce, and food safety.

Let’s ensure SB54 is built on a solid foundation with broad support needed for success.

Rick Tomlinson is President of the California Strawberry Commission, representing all California strawberry farmers, shippers, and processors.