The International Dairy Foods Association (IDFA) on Friday urged the Packaging Producer Responsibility Advisory Board to support the Circular Action Alliance’s proposed plan to provide temporary exemptions for common rigid and flexible plastic materials used in dairy product packaging from SB 54’s performance goals.
Danielle Quist, IDFA vice president of regulatory affairs and counsel, testified that SB 54’s near-term recycling rate and source reduction mandates are not achievable for many common dairy packaging materials under the law’s current timeline. IDFA said the proposed unique challenges exemptions are necessary to provide additional time for packaging innovation, recycling infrastructure improvements, and investments needed to address food safety and quality concerns.
“The timeline for meeting SB 54’s performance goals is out of step with current market and recycling system realities,” Quist said. “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’s testimony emphasized that many dairy packaging materials and formats—including HDPE, PET, polypropylene, gable-top cartons and aseptic cartons—are recyclable but are not yet meeting the recycling rate thresholds required under SB 54. “Flexible films and other less recyclable materials will require a longer on-ramp and practical improvement plans before they can meet state performance standards,” IDFA says.
IDFA also urged CAA to seek a three-year exemption from PRO-level source reduction mandates for plastic materials used in dairy packaging. Quist noted that source reduction options are limited for dairy products because packaging must protect perishable foods and comply with food safety and quality standards. She also raised concern that SB 54’s source reduction requirements are measured against a 2023 baseline that does not account for future sales growth of nutritious dairy products that rely on plastic packaging.
“If approved and renewed, the proposed exemptions could provide temporary relief from state enforcement actions or material bans tied to failure to meet statutory recycling rate and source reduction standards for covered materials,” IDFA says.
IDFA further urged CAA and the Advisory Board to preserve post-consumer recycled content as a viable compliance option once there is a more robust supply of material that is sufficiently pure for dairy packaging.
“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,” Quist said. “California should recognize 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.”
