| 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. |
| ======== |
| LC005076/SUB A/2 |
| ======== |