Establishes the "New Jersey Feminine Hygiene Product Donations Immunity Act."

A2193

ASSEMBLY, No. 2193

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Establishes the "New Jersey Feminine Hygiene
Product Donations Immunity Act."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.