Safer Choice Program Authorization Act of 2026
- Sponsor
- Rep. Peters, Scott H. [D-CA-50]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Sep 24, 2026
Bottom line
This bill codifies and strengthens a voluntary EPA program that helps consumers and businesses identify products made with chemical ingredients deemed safer for human health and the environment.
What it actually does
This bill formally authorizes the Environmental Protection Agency's (EPA) voluntary Safer Choice Program and Design for the Environment program, providing a statutory basis for their continued operation. It establishes administrative procedures, mandates the use of qualified third-party profilers for technical evaluations, requires comprehensive ingredient disclosure for certified products, and authorizes specific appropriations to fund the program.
Proponents argue
Proponents argue that formal authorization provides stability, transparency, and legitimacy for a successful, market-based program that has promoted innovation in safer chemistry for decades. They emphasize that the program is voluntary, provides clear, science-based information to consumers and businesses, and supports U.S. competitiveness and environmental protection without imposing new regulations.
Opponents contend
Opponents might contend that codifying such a program could lead to mission creep or an unnecessary expansion of EPA's bureaucratic footprint, potentially creating a de facto regulatory scheme through voluntary standards. Some may also express concerns about the potential for the program to favor certain industries or create compliance burdens for smaller businesses, even if participation is voluntary.
The bill is relatively short and clearly written, making it accessible for a quick but thorough review.
Section 4
Establishment and Purpose of the Safer Choice Program
This section formally establishes the voluntary Safer Choice Program within the EPA, building upon existing activities. Its core purpose is to advance pollution prevention by encouraging the design, manufacture, selection, and use of products formulated with chemical ingredients that are safer for human health and the environment, while maintaining product performance. The Administrator is also granted authority to update the program's standards to reflect scientific advancements and innovation.
Supporters argue
Supporters contend that formalizing the program provides long-term certainty and legitimacy, allowing it to continue its successful work in promoting safer chemistry and pollution prevention, benefiting both industry and the public.
Critics contend
Critics might suggest that formalizing a voluntary program could eventually lead to it becoming a more burdensome regulatory scheme, even if not immediately, potentially stifling innovation rather than encouraging it.
Tradeoffs
This provision balances the desire for a stable, recognized program with concerns about potential future regulatory creep or overreach, aiming to maintain its voluntary nature while enhancing its authority.
Section 5(b)
Role of Qualified Third-Party Profilers
This provision directs the EPA Administrator to establish criteria and processes for the qualification and oversight of 'qualified third-party profilers.' These independent entities will conduct technical evaluations of products and ingredients to support the EPA's certification decisions. To ensure integrity, these profilers must be independent of manufacturers, free from financial conflicts of interest, and not receive compensation contingent on the outcome of their reviews.
Section 6(d)
Mandate for Comprehensive Ingredient Disclosure
As a condition for a product to be certified under the Safer Choice Program, manufacturers must submit comprehensive ingredient information. This includes all intentionally added ingredients, components within those ingredients, and any relevant residuals present above a threshold determined by the Administrator. This detailed disclosure is required to enable a thorough evaluation of the product's human health and environmental impacts, with appropriate protections for confidential business information.
Section 9
Program Funding Authorization
This section authorizes an appropriation of $12,000,000 for the Environmental Protection Agency for each of fiscal years 2028 through 2034. This dedicated funding is intended to enable the Administrator to carry out the activities mandated by the Safer Choice Program Authorization Act of 2026, providing a stable financial foundation for the program's operations.