S. 4664 — Safer Choice Program Authorization Act of 2026

This section makes findings on the Environmental Protection Agency's Design for the Environment program, operated for more than 30 years, and Safer Choice program, operated for more than 10 years. It states that the voluntary, market-based programs provide consumers and businesses with information on safer chemical products, support manufacturer innovation, rely on rigorous science-based evaluations including by third-party profilers, and that authorizing them under this Act would increase certainty while preserving their nonregulatory nature.

This section defines terms used in the Act, including the Administrator as the Administrator of the Environmental Protection Agency, the Agency as the Environmental Protection Agency, the Program as the Safer Choice Program, the Design for the Environment label and standard, the Safer Choice label and standard, the Safer Chemical Ingredients List, and qualified third-party profilers.

This section establishes a voluntary Safer Choice Program within the Environmental Protection Agency to identify and promote products that meet the Safer Choice Standard or the Design for the Environment Standard. The program advances pollution prevention by encouraging safer chemical ingredients in product design and use, and the Administrator may update the standards after public notice and comment.

This section directs the EPA Administrator to administer the Safer Choice and Design for the Environment certification programs by establishing submission and review procedures, making product compliance determinations, setting label use and marketing requirements, providing technical assistance, consulting stakeholders, conducting public outreach, holding annual public meetings, recognizing partner achievements, and updating procedures for transparency and scientific integrity. It authorizes reliance on qualified third-party profilers that meet independence and conflict-of-interest standards and requires coordination with the FDA and Consumer Product Safety Commission to promote consistent chemical reviews and reduce duplication.

This section directs the Administrator to evaluate products for the Safer Choice and Design for the Environment standards using specified science-based criteria that address human health hazards such as carcinogenicity and neurotoxicity, environmental hazards such as persistence and aquatic toxicity, product performance, packaging sustainability, and ingredient transparency. It requires the Administrator to maintain and update the Safer Chemical Ingredients List, limits eligible product categories under each standard, and conditions certification on full disclosure of intentionally added ingredients and residuals above a threshold set by the Administrator, subject to confidential business information protections.

This section authorizes the Administrator to permit voluntary use of the Safer Choice label and the Design for the Environment label on products meeting the respective standards. It designates both labels as Agency marks, prohibits false, misleading, or unauthorized use, and empowers the Administrator to notify violators, suspend or terminate authorizations, and refer matters to the Attorney General for civil action.

This section requires the Administrator to submit to Congress and publish annually, beginning one year after enactment, a report on Program implementation that covers the number of certified products and their status changes, updates to standards or guidance, outreach activities, and recommendations for improvement. It also directs the Administrator to maintain a publicly accessible database of products authorized to use the Safer Choice or Design for the Environment labels.

This section provides that the Act takes effect on the date of enactment and includes a severability clause ensuring that any invalid provision does not affect the remainder of the Act or its application to other persons or circumstances.