Storing inventory in California: sales tax, Prop 65 and the new packaging laws

Brands from other states and other countries often ask what changes when their inventory moves into a California warehouse. One thing changes for certain, and it is tax. The others people worry about depend on where you sell, not where you store.

Storing inventory in a California fulfillment center means California treats you as engaged in business here, so you will need to register with the state tax agency and collect or pay tax on California sales. Proposition 65 warnings and California’s packaging laws — the recycling-symbol law and the packaging producer law — apply because you sell into California, whether your warehouse is here or not. This is general information, not tax or legal advice.

California obligations: what follows the warehouse and what follows the saleStoring inventory in California triggers California sales tax registration with CDTFA and tax on California sales. Selling to California customers, wherever you ship from, brings Proposition 65 warnings, the SB 343 recycling symbol rules, the SB 54 packaging producer law, and sales tax registration once California sales pass 500,000 dollars a year. If your inventory is in California Changes when you move into a California warehouse Register with CDTFA File returns and pay tax onCalifornia sales Ask your accountant aboutCalifornia franchise tax If you sell to Californians Applies wherever your warehouse is Proposition 65 warnings SB 343: recycling symbol rules SB 54: packaging producer law Sales tax registration onceCalifornia sales pass $500,000
General information, not tax or legal advice. Check your own position with an accountant or attorney.

Sales tax: the one that changes

The California Department of Tax and Fee Administration (CDTFA) says it directly: a seller located outside California that stores inventory in a California fulfillment center is considered to be engaged in business in California. That means registering with CDTFA, filing returns and paying tax on sales to California customers.

Two details catch people. Any inventory counts — this is about having stock here, not about how much you sell. And separately from inventory, a seller with more than $500,000 in California sales in a year has to register even with no stock in the state at all. If you also sell through a marketplace such as Amazon, the marketplace generally collects tax on the sales it facilitates, but that does not cover sales through your own website.

In practice: register before your first pallet arrives, turn on California tax collection in your store, and ask your accountant whether the inventory affects your California franchise tax position too.

Proposition 65: it follows your customers, not your warehouse

Proposition 65 requires a clear warning on products that can expose California consumers to listed chemicals. Because it is about exposures in California, it applies when you sell to California customers, wherever the product ships from. Moving inventory into a California warehouse does not create a Prop 65 obligation you did not already have, and moving it out does not remove one.

Responsibility sits mainly upstream — with the manufacturer, producer, packager, importer, supplier or distributor — who can meet it by putting the warning on the product or by giving the retailer written notice. Businesses with fewer than 10 employees are exempt, but a notice sent to an exempt business does not satisfy the sender’s own obligation.

Where a 3PL comes in: we ship what you send. If a product needs a Prop 65 label, it should arrive labeled, or come with labeling instructions we can apply as a work order.

SB 343: the recycling symbol

Since October 4, 2026, products and packaging sold in California may carry the chasing-arrows recycling symbol, or tell consumers to recycle them, only if the material meets the state’s recyclability criteria — broadly, collected by curbside programs serving at least 60% of Californians and sorted by at least 60% of the state’s recycling programs. Products manufactured before October 4, 2026 are grandfathered.

In July 2026 a federal court blocked the state Attorney General from enforcing parts of the law while an industry challenge proceeds. The order did not move the compliance date.

For e-commerce brands this mostly lands on shipping materials: many poly mailers and some printed boxes carry the arrows. Check yours with your packaging supplier — and if we source your packaging, we will check it with you.

SB 54: packaging producer responsibility

SB 54 makes the producers of packaging and plastic food service ware — usually the brand owner, though the regulations set out who counts for each kind of packaging — responsible for funding its collection and recycling, and sets targets to reduce single-use plastic packaging: 10% by January 1, 2027, 20% by 2030 and 25% by 2032.

CalRecycle’s permanent regulations took effect on May 1, 2026. Producers either join the state-approved producer responsibility organization, Circular Action Alliance, or register with CalRecycle directly, and report the packaging they supply into California. Fees begin with the 2027 program year. Producers with gross annual sales under $1 million can apply for a small producer exemption from most reporting and fee requirements, but still need their packaging to be recyclable or compostable by 2032.

What does not change

  • Your own product compliance. Labeling, claims and, if you manufacture food, your own FDA registration stay with you wherever the inventory sits.
  • Your marketplace rules. Amazon’s requirements are the same from any warehouse.
  • What the warehouse must hold. A California warehouse storing food or supplements needs its own registrations — see California food warehouse licensing and how to verify a 3PL’s FDA registration.

CaliforniaCompliancePackaging

Common questions

Do I have to collect California sales tax if my inventory is in a California 3PL?

Generally, yes. CDTFA considers an out-of-state seller that stores inventory in a California fulfillment center to be engaged in business in California, which means registering, filing returns and paying tax on California sales. Confirm the details with your accountant.

Does storing products in California trigger Prop 65?

No. Prop 65 applies to products sold to California consumers, wherever they ship from. If you sell into California, the warning obligation is the same whether your warehouse is in Thousand Oaks or New Jersey.

When did California’s recycling symbol law take effect?

SB 343’s compliance date was October 4, 2026. Products manufactured before that date are grandfathered. A July 2026 federal court order paused the Attorney General’s enforcement of parts of the law but did not change the date.

Is my brand a producer under SB 54?

If you sell packaged products into California, possibly — the brand owner is usually the producer. Producers register with Circular Action Alliance or with CalRecycle, and those with under $1 million in gross annual sales can apply for a small producer exemption.

What will a 3PL handle, and what stays with the brand?

A 3PL can apply Prop 65 labels, swap packaging and give you records of what shipped where. Tax registration and filing, Prop 65 decisions and SB 54 producer reporting stay with the brand.

Moving inventory into California?

Tell us what you sell and where it ships. We will send back a written, line-by-line quote — and tell you plainly what changes.