Chapter 430
2022 -- S 2531 SUBSTITUTE A
Enacted 06/30/2022

A N   A C T
RELATING TO HEALTH AND SAFETY -- FEMININE HYGIENE PRODUCT DONATION ACT

Introduced By: Senators DiMario, Lawson, Sosnowski, Anderson, Valverde, Kallman, and Cano

Date Introduced: March 01, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby
amended by adding thereto the following chapter:
CHAPTER 4.14
FEMININE HYGIENE PRODUCT DONATION ACT
     23-4.14-1. Definitions.
     As used in this chapter:
     (1) "Apparently usable" means that a product meets all quality and labeling standards
imposed by federal and state laws and regulations even if the product may not be readily
marketable.
     (2) "Feminine hygiene product":
     (i) Means a product used for a female's menstruation or other genital-tract secretions; and
     (ii) Includes tampons and sanitary napkins.
     (3) "Person" means an individual and does not mean an association of individuals or a legal
entity.
     23-4.14-2. Immunity from liability for feminine hygiene product donors.
     (a) Any person who donates in good faith an apparently usable feminine hygiene product
to a bona fide charitable or nonprofit organization for free distribution to persons in need of the
product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages
arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene
product.
     (b) Subsection (a) of this section shall not apply when a person's good-faith actions
constitute gross negligence or intentional misconduct that results in injury or death to a person who
uses the apparently usable feminine hygiene product.
     SECTION 2. This act shall take effect upon passage.
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LC005076/SUB A/2
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