House Bill #7140 (2022)

AN ACT RELATING TO HEALTH AND SAFETY -- FEMININE HYGIENE PRODUCT DONATION ACT

Provides for immunity provisions for persons involved in donating feminine hygiene products to charitable or nonprofit organizations.

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Changes since original draft

  • 2022 – H 7140
  • 2022 – H 7140 SUBSTITUTE A
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  • LC003782
  • LC003782/SUB A/2
  • ========
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2022
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY-FEMININE HYGIENE PRODUCT DONATIONS
  • RELATING TO HEALTH AND SAFETYFEMININE 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:
  • 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) "Certified nonprofit organization" has the same meaning as defined in § 19-14-1; and
  • (3) "Feminine hygiene product":
  • (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) The good faith donor of 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) A charitable or nonprofit organization that in good faith receives an apparently usable feminine hygiene product and distributes the product to persons in need 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.
  • (c) Subsections (a) and (b) of this section do not apply when a good faith donor or a charitable or nonprofit organization's 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. ======== LC003782 ========
  • (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 penaltyfor violationof unfair trade practice lawsor 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. ======== LC003782/SUB A/2 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY-FEMININE HYGIENE PRODUCT DONATIONS
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETYFEMININE HYGIENE PRODUCT DONATION
  • ACT
  • ***
  • This act would provide for immunity provisions for persons involved in donating feminine hygiene products to charitable or nonprofit organizations.
  • This act would take effect upon passage. ======== LC003782 ========
  • ***
  • This act would allow feminine hygiene products to be donated by people to nonprofit charities.
  • This act would take effect upon passage. ======== LC003782/SUB A/2 ========

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