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California signs Bill for Textiles EPR scheme

17/10/2024

On 22 September 2024, the California Responsible Textile Recovery Act (SB 707) was signed into law, requiring manufacturers, brands, retailers and distributors to participate in an extended producer responsibility (EPR) program for apparel and certain textile products. CalRecycle will approve the program by 1 March 2026, and regulations will be implemented beginning 1 July 2028.

The scheme covers a wide range of textile products, including clothing, accessories, footwear, home textiles (like curtains and bedding), and more. Producers must form or join a PRO by 1 January 2026, and participate in the PRO’s product stewardship plan by 1 July 2030. The PRO will manage the collection, recycling, and disposal of covered products. Producers will pay eco-modulated fees to the PRO based on their sales volume and the recyclability of their products. These fees are designed to incentivise the production of easily recyclable or repairable items. The PRO will establish collection systems, such as drop-off sites and mail-back options, and will manage the recycling and disposal of textiles. Part of the PRO’s responsibility is to educate consumers about the recycling and disposal options for textiles.

Producers must comply with reporting requirements, including providing information on sales and recycling efforts. Online marketplaces must also report third-party sellers who exceed $1 million in sales of covered products. Small businesses with less than $1 million in annual global turnover and sellers of second-hand products are exempt from the scheme.

The primary responsibility falls on the producer who owns or licenses the brand. If there is no such entity in California, the responsibility shifts to the exclusive licensee, then to the importer, and finally to the distributor, retailer, or wholesaler. Exporters into California are subject to the EPR requirements. If you export textile products into California, you must ensure compliance with the EPR scheme, including joining a PRO and adhering to the reporting and fee requirements. The law addresses the presence of harmful chemicals in textiles, such as PFAS. Producers must ensure that their products comply with chemical safety standards and that these chemicals are managed appropriately during recycling.

Non-compliant producers may face significant penalties starting 1 July 2030. The regulations may evolve over time and could be subject to updates.

UKFT members can access guidance on textile and packaging EPR regulations around the world, by emailing info@ukft.org.

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