A4533

An Act concerning donations of feminine hygiene products and supplementing Title 55 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “New Jersey Feminine Hygiene Product Donations Immunity Act.”

2. The Legislature finds and declares that:

a. Period poverty is defined as a lack of access to feminine hygiene products, hygiene facilities, waste management, and education;

b. Period inequity is a chronic problem due to the fact that the cost of feminine hygiene products, including sales tax, is the same for women of all socioeconomic groups;

c. This unfortunately leads to hardships and disparities relative to feminine hygiene and women’s health in underserved communities, including for people with disabilities, minorities, and people experiencing homelessness;

d. Women typically have their menstrual cycles every 28 days starting in their pre-teen years and lasting through menopause, which means they need to buy feminine hygiene products every month of the year over the span of several decades;

e. The average menstrual cycle can last from between five to seven days, often requiring the purchase of multiple packages of feminine hygiene products for one cycle;

f. The combination of these factors can lead to astronomical, recurring costs for women in their menstruating years;

g. New Jersey has exempted feminine hygiene products, such as sanitary napkins and tampons, from the tax imposed under the Sales and Use Tax Act. In doing so, the State has recognized that it is financially burdensome for women to continue to purchase these products;

h. Many women and girls in New Jersey find themselves in need of temporary housing assistance within emergency shelters for the homeless; and the Department of Community Affairs, in conjunction with the Departments of Human Services and Health, has recognized this growing need by creating the Homelessness Prevention Program and the Homelessness Prevention and Rapid Re-Housing Program;

i. Women and girls who find themselves homeless still need feminine hygiene and sanitation products to the same extent as all other women;

j. Women and girls experiencing homelessness, illness, or other socioeconomic challenges should not be burdened with the costs of feminine hygiene products while already experiencing financial and economic hardships resulting in them being unable to afford basic shelter;

k. Feminine hygiene product donations allow many women to receive feminine hygiene products that they would otherwise not have access to; and

l. It is therefore necessary and important to create the “New Jersey Feminine Hygiene Product Donations Immunity Act” to combat period inequity and ensure that persons or entities who wish to donate feminine hygiene products to homeless shelters and other charitable or nonprofit facilities that provide assistance to underserved women can donate without fear of being held liable for injuries that may inadvertently result from the donated feminine hygiene products.

3. a. Notwithstanding any other provision of law to the contrary, a good faith donor of feminine hygiene products that are apparently usable at the time they are donated to a bona fide charitable or nonprofit organization for free distribution is immune from civil or criminal liability arising from injury or death due to the condition of the feminine hygiene products, unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.

b. Notwithstanding any other provision of law to the contrary, a bona fide charitable or nonprofit organization, and any employee or volunteer of that organization, who in good faith receives and distributes feminine hygiene products that are apparently usable at the time they are distributed is immune from civil or criminal liability arising from an injury or death due to the condition of the feminine hygiene products, unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the organization, employee, or volunteer.

c. Notwithstanding any other provision of law to the contrary, a hospital or other health care facility licensed by the Department of Health that, in good faith and in accordance with guidelines established by the recipient organization, donates feminine hygiene products that are apparently usable at the time they are donated to a bona fide charitable or nonprofit organization for free distribution is immune from civil or criminal liability arising from injury, illness, or death due to the condition of the feminine hygiene products, unless the injury, illness, or death is a direct result of intentional misconduct of the hospital or health care facility.

d. This section applies to all good faith donations of feminine hygiene products that are not readily marketable due to appearance, grade, surplus, or other conditions, but nothing in this section restricts the authority of any appropriate agency to regulate or bar the use of those feminine hygiene products.

e. As used in this section:

“Apparently usable” means, with respect to a product, that the product meets all quality and labeling standards imposed by federal, State, and local laws and regulations even if the product may not be readily marketable.

“Feminine hygiene product” means a sanitary napkin, tampon, liner, cup, underwear, or any similar item used by an individual with respect to menstruation.

4. The Commissioner of the Department of Community Affairs shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to implement the provisions of this act.

5. This act shall take effect immediately, except the Commissioner of Community Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill, which is designated as the “New Jersey Feminine Hygiene Product Donations Immunity Act,” provides immunity from civil and criminal liability arising from an injury or death for good faith donors, including hospitals and other health care facilities, of feminine hygiene products that are donated to bona fide charitable and nonprofit organizations. It also provides the same immunity to the charitable and nonprofit organizations that distribute these donated feminine hygiene products.