2022 -- H 7140 SUBSTITUTE A

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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 DONATION

ACT

     

     Introduced By: Representatives Donovan, Ajello, Speakman, Fogarty, Carson, Cassar,
McGaw, Casimiro, Alzate, and Fenton-Fung

     Date Introduced: January 20, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 4.14

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FEMININE HYGIENE PRODUCT DONATION ACT

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     23-4.14-1. Definitions.

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     As used in this chapter:

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     (1) "Apparently usable" means that a product meets all quality and labeling standards

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imposed by federal and state laws and regulations even if the product may not be readily

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marketable.

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     (2) "Feminine hygiene product":

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     (i) Means a product used for a female's menstruation or other genital-tract secretions; and

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     (ii) Includes tampons and sanitary napkins.

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     (3) "Person" means an individual and does not mean an association of individuals or a legal

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entity.

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     23-4.14-2. Immunity from liability for feminine hygiene product donors.

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     (a) Any person who donates in good faith an apparently usable feminine hygiene product

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to a bona fide charitable or nonprofit organization for free distribution to persons in need of the

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product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages

 

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arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene

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product.

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     (b) Subsection (a) of this section shall not apply when a person's good faith actions

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constitute gross negligence or intentional misconduct that results in injury or death to a person who

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uses the apparently usable feminine hygiene product.

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     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 DONATION

ACT

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     This act would allow feminine hygiene products to be donated by people to nonprofit

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charities.

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     This act would take effect upon passage.

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