(a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable. (2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies. (3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities. (b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3. (2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3. (3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section. (c) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria: (1) Whether the packaging is conventionally disposed of after a single use. (2) Whether the packaging is sufficiently durable and washable to allow for multiple uses. (d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria: (1) Whether the type of food service packaging is eligible to be labeled as ârecyclableâ in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. (2) Whether the type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers. (3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes. (4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes. (5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products. (6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value. (e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria: (1) Whether the food service packaging will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper. (2) Whether food service packaging made from plastic is certified to meet the ASTM standard specification identified in either subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 42356 and adopted in accordance with Section 42356.1, if applicable. (3) Whether the food service packaging is regularly collected and accepted for processing at public and private compost facilities. (4) Whether the type of food service packaging is eligible to be labeled as âcompostableâ in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. (f) (1) In developing regulations pursuant to subdivision (a), the dep
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