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June 4, 2026

Bipartisan Senate Bill Would Authorize EPA’s Safer Choice Program

Lynn L. BergesonCarla N. Hutton

On June 2, 2026, Senators Chris Coons (D-DE) and Jon Husted (R-OH) introduced the Safer Choice Program Authorization Act (SCPAA) (S. 4664) to authorize formally and strengthen the U.S. Environmental Protection Agency’s (EPA) Safer Choice Program. Coons’ June 3, 2026, press release states that the SCPAA would codify EPA’s Safer Choice and Design for the Environment (DfE) Programs, “which have helped drive innovation in safer chemistry for decades while providing consumers and institutional purchasers with a trusted federal label for safer products.” The Safer Choice and DfE Programs have never been formally authorized by Congress, and the SCPAA would provide statutory certainty for the programs and the stakeholders that depend on them.

According to the bill summary, the SCPAA includes provisions that would:

Section 4. Establishment of the Safer Choice Program

  • Direct EPA to establish and carry out a voluntary Safer Choice Program;
  • Provide that the Program identifies and promotes products meeting Safer Choice or DfE standards;
  • Establish the purpose of advancing pollution prevention through safer chemical design while maintaining product performance;
  • Require EPA to leverage and align with existing Safer Choice and DfE activities; and
  • Authorize EPA to update standards based on science, regulatory developments, and innovation, with public notice and comment.

Section 6. Safer Choice Criteria

  • Direct EPA to apply science-based criteria in evaluating products, including:

    • Human health impacts (e.g., carcinogenicity, toxicity);

    • Environmental impacts (e.g., persistence, bioaccumulation, aquatic toxicity);

    • Product performance;

    • Packaging sustainability and end-of-life considerations; and

    • Comprehensive ingredient disclosure requirements, including all intentionally added ingredients and relevant residuals above a threshold established by EPA;
  • Define eligible product categories under the Safer Choice Standard, including existing and additional categories identified by EPA;
  • Define eligible product categories under the DfE Standard, including antimicrobial pesticides and other appropriate categories; and
  • Require EPA to maintain and update the Safer Chemical Ingredients List, including processes for adding or removing chemical ingredients.

Section 7. Labeling; Unauthorized Use

  • Establish voluntary participation in the Program;
  • Authorize EPA to allow use of the Safer Choice and DfE labels for qualifying products;
  • Designate labels as official EPA marks;
  • Prohibit unauthorized or misleading use of labels; and
  • Authorize EPA enforcement actions, including:

    • Notice and corrective action;

    • Suspension or termination of label authorization; and

    • Referral to the U.S. Department of Justice (DOJ) for civil enforcement.

Section 8. Reporting and Transparency

  • Require EPA to submit and publish an annual report to Congress detailing:

    • Program participation and product approvals;

    • Updates to standards and procedures;

    • Outreach and stakeholder engagement; and

    • Recommendations for improvement; and
  • Require EPA to maintain a publicly accessible database of approved products.

Section 9. Authorization of Appropriations

  • Authorizes $6,000,000 annually for fiscal years 2028-2034.