2022 -- H 7140 | |
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LC003782 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY-FEMININE HYGIENE PRODUCT DONATIONS | |
ACT | |
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Introduced By: Representatives Donovan, Ajello, Speakman, Fogarty, Carson, Cassar, | |
Date Introduced: January 20, 2022 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 4.14 |
4 | FEMININE HYGIENE PRODUCT DONATION ACT |
5 | 23-4.14-1. Definitions. |
6 | As used in this chapter: |
7 | (1) "Apparently usable" means that a product meets all quality and labeling standards |
8 | imposed by federal and state laws and regulations even if the product may not be readily |
9 | marketable; |
10 | (2) "Certified nonprofit organization" has the same meaning as defined in ยง 19-14-1; and |
11 | (3) "Feminine hygiene product": |
12 | (i) Means a product used for a female's menstruation or other genital-tract secretions; and |
13 | (ii) Includes tampons and sanitary napkins. |
14 | 23-4.14-2. Immunity from liability for feminine hygiene product donors. |
15 | (a) The good faith donor of an apparently usable feminine hygiene product to a bona fide |
16 | charitable or nonprofit organization for free distribution to persons in need of the product is not |
17 | subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from |
18 | the nature, age, packaging, or condition of an apparently usable feminine hygiene product. |
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1 | (b) A charitable or nonprofit organization that in good faith receives an apparently usable |
2 | feminine hygiene product and distributes the product to persons in need is not subject to criminal |
3 | penalty for violation of unfair trade practice laws or civil damages arising from the nature, age, |
4 | packaging, or condition of an apparently usable feminine hygiene product. |
5 | (c) Subsections (a) and (b) of this section do not apply when a good faith donor or a |
6 | charitable or nonprofit organization's actions constitute gross negligence or intentional misconduct |
7 | that results in injury or death to a person who uses the apparently usable feminine hygiene product. |
8 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY-FEMININE HYGIENE PRODUCT DONATIONS | |
ACT | |
*** | |
1 | This act would provide for immunity provisions for persons involved in donating feminine |
2 | hygiene products to charitable or nonprofit organizations. |
3 | This act would take effect upon passage. |
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