Are Secondhand and Vintage Clothes Exempt from California SB 707?
Last updated: October 20, 2026
Yes, but only for sellers of exclusively secondhand products. California SB 707 states that a "producer" does not include a seller of only secondhand covered products, and it also excludes sellers with less than $1 million in annual aggregate global revenue. If you mix new and secondhand items, the exemption is much less certain, and CalRecycle has not finished defining what "secondhand" means.
What the law says about secondhand sellers
SB 707 puts end-of-life responsibility on producers of new apparel and textile products. The law carves out two groups: sellers that only sell secondhand covered products, and small sellers under the $1 million revenue threshold. A vintage shop, thrift store or resale-only boutique that meets either test is outside the producer definition and does not have to register with Landbell USA.
What CalRecycle is still deciding
In its September 29, 2026 informal workshop, CalRecycle floated concepts for clarifying:
- When a product counts as secondhand. The concept under discussion would treat an item as secondhand based on how it was acquired, for example when it comes from a secondhand market.
- How a business proves its exemption. Ideas include standardized forms and possibly an annual renewal.
- How online marketplaces are treated. This matters for resale platforms and for sellers who list there.
These are proposals, not final rules. Formal rulemaking is not expected to begin until mid-2027, and regulations cannot take effect before July 1, 2028.
Gray areas to watch
| Situation | Likely status | Why it is uncertain |
|---|---|---|
| Resale-only vintage store | Likely exempt | Fits the plain wording of the exclusion |
| Store that sells new and vintage items | Unclear, likely a producer for the new items | The exemption speaks of "only" secondhand products |
| Deadstock or "new old stock" bought from wholesalers | Unclear | It may not count as secondhand if it never came from a secondhand market |
| Upcycled or remade items from used garments | Unclear | No guidance on whether reworked goods are new products |
| Brand-run resale or take-back program | Unclear | The brand is already a producer for its new line |
| Consignment sellers on a marketplace | Likely exempt for the seller | Marketplace obligations are still being drafted |
If your business sits in one of the unclear rows, document how you source each item and revisit the question when CalRecycle publishes draft rules.
Does the $1 million threshold still help you?
Yes. A vintage seller with mixed inventory may still be exempt if total annual global revenue is below $1 million. CalRecycle's proposed definition counts total gross revenue from all sales, not only California sales and not only covered products, so include everything when you check.
What to do if you resell clothing
- Separate new and secondhand inventory in your product data and accounting.
- Record where each secondhand item came from.
- Calculate total annual global revenue and keep the working.
- Watch CalRecycle's workshops and Landbell USA's updates.
- If you are not exempt, register: see Do You Need to Register with Landbell USA?
Frequently asked questions
Is vintage clothing covered by SB 707? Vintage items sold as secondhand are not the target of the law. A seller of only secondhand covered products is excluded from the producer definition.
I sell vintage and brand-new items. Am I exempt? Not automatically. Check your revenue against the $1 million threshold and ask counsel about the new items.
Do I need to register with Landbell USA if I resell on Poshmark or eBay? Resale-only sellers are likely outside the producer definition, but marketplace rules are still being clarified.
Will the definition of secondhand change? Possibly. CalRecycle is drafting one, and it will be finalized through rulemaking.
Related guides
- What Is California SB 707? A Complete Guide for Apparel Brands
- Do You Need to Register with Landbell USA?
This article is general information, not legal advice.