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

     

     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) "Certified nonprofit organization" has the same meaning as defined in ยง 19-14-1; and

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     (3) "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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     23-4.14-2. Immunity from liability for feminine hygiene product donors.

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     (a) The good faith donor of an apparently usable feminine hygiene product to a bona fide

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charitable or nonprofit organization for free distribution to persons in need of the product is not

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subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from

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the nature, age, packaging, or condition of an apparently usable feminine hygiene product.

 

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     (b) A charitable or nonprofit organization that in good faith receives an apparently usable

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feminine hygiene product and distributes the product to persons in need is not subject to criminal

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penalty for violation of unfair trade practice laws or civil damages arising from the nature, age,

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packaging, or condition of an apparently usable feminine hygiene product.

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     (c) Subsections (a) and (b) of this section do not apply when a good faith donor or a

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charitable or nonprofit organization's actions constitute gross negligence or intentional misconduct

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that results in injury or death to a person who 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 DONATIONS

ACT

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     This act would provide for immunity provisions for persons involved in donating feminine

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hygiene products to charitable or nonprofit organizations.

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     This act would take effect upon passage.

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