Who counts as a producer under SB 54?

By Shekhar Nirkhe, Founder, ZeeHub. Last updated November 2026.

Under SB 54, producer status turns on your role in getting covered packaging to California, starting with who owns the brand. Brand owners, and in some cases importers, licensees and online sellers, may be producers, so confirm yours with CalRecycle’s screening tool.

This guide walks through the common situations. It is part of our plain-English guide to California SB 54, and it is a starting point: the statute’s definition of producer governs.

Who is the producer when you own the brand?

The brand name on the pack is the best place to start. If your company owns the brand on a product sold into California, check whether you are a producer under the statute. If you are, you need to register with CAA or CalRecycle.

Owning the brand is different from making the product. A brand owner that uses a contract manufacturer still needs to check its own status.

What about importers?

For products made abroad, ask who brings them into the United States. Importer roles matter most when the brand owner is based elsewhere or is hard to identify. Look at your contracts and customs paperwork to see who is the importer for each product, and check how the statute treats that role.

What about licensees and private label?

Store brands and licensed brands add a layer. The company that sells the product may not be the company that owns the brand. Work out who owns or licenses the brand on the pack, then check how the statute treats licensees. If your agreement with the brand owner says who handles regulatory obligations, read it, but remember that the statute decides producer status.

What about online and marketplace sales?

Selling into California online brings the packaging into scope in the same way as selling in stores. If you sell your own brand directly to California customers, start with your own status. If you sell other companies’ brands through a marketplace, check how the statute treats your role. CalRecycle’s screening tool can help.

Scenarios at a glance

Scenario	Where to look first	What to confirm
You own the brand and sell into California.	Your own company.	Whether you meet the statute’s definition, and register with CAA or CalRecycle.
A contract manufacturer makes your branded product.	Who owns the brand on the pack.	How the statute treats the manufacturer and the brand owner.
You import branded goods made abroad.	Who owns the brand, and then the importer.	Which role the statute assigns to you.
You sell store-brand or private label products.	Whoever owns or licenses the brand.	How the statute treats licensees.
You sell online to California customers.	The company that owns the brand you sell.	How the statute treats online and marketplace sales.

What if more than one company could be the producer?

This happens when a brand owner, a licensee and an importer are all involved with the same product. Do not assume that someone else is handling it. Each company should check its own status against the statute, and the companies should agree in writing who will register and who will report, so that nothing is missed and nothing is reported twice.

If the answer is unclear, ask CAA or CalRecycle. A short written confirmation is worth keeping on file.

What records should you keep about your status?

Keep a short file for each brand: who owns it, who licenses or imports it, the states you sell it into, the date you checked your status and what you concluded. If you registered, keep the confirmation. If you are claiming small or independent producer status, keep a note of the basis you relied on and the date you checked CalRecycle’s current definitions.

Do small and independent producers need to register?

Yes. SB 54 includes routes for small producers and independent producers, but producers must still register to claim that status. It does not apply automatically. We do not state a revenue threshold here. Check CalRecycle’s SB 54 page for current definitions and any threshold.

How do you check your status?

Use CalRecycle’s producer screening tool, which you can find from its SB 54 page.
List the brands you own, license or import, and the states you sell into.
Ask CAA if you are unsure how the statute applies to your role.
Register, or claim small or independent producer status, before assuming you are exempt.

A passed deadline does not mean registration is closed; contact CAA.

Sources

Last updated: November 2026

This guide is general information, not legal advice. Confirm current requirements with CalRecycle and CAA.