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S3809
SENATE, No. 3809
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
���� Establishes �Period Equity and Menstrual Disorders
Committee� in DOH.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
establishing a period equity and menstrual
disorders study and supplementing Title 26 of the Revised Statutes.
���� 1.� The Legislature finds and
declares that:
���� a.� Period inequity is an
umbrella term that encompasses several issues including unequal access to
feminine hygiene products, education, reproductive care, as well as the stigma
surrounding menstruating and the toxic ingredients used in pads and tampons.
���� b.� Period inequity is
attributable to the high cost of feminine hygiene products and the fact that
the prices of these products are the same for people who menstruate, regardless
of socioeconomic status.
���� c.� People who menstruate
typically have menstrual cycles every 28 days.� On average, a menstrual cycle
can last between five and seven days, requiring the purchase of multiple
feminine hygiene products for each menstrual cycle.� The combination of these
factors can lead to astronomical, recurring costs during a person�s
menstruating years.
���� d.� Those who cannot afford
feminine hygiene products often try to extend the life of products by using
them for multiple hours at a time.� This can lead to a myriad of health
problems, including placing a person who menstruates at a greater risk for
toxic shock syndrome, a life-threatening infection.
���� e.� Twenty-seven states have a
luxury tax on menstrual products, bringing in roughly $88 million dollars on
products that are necessities for a large segment of the population.� Items
like condoms and Viagra, however, are considered health products and are not
taxed.� In addition, feminine hygiene products cannot be purchased with food
stamps or Supplemental Nutrition Assistance Program (SNAP) benefits, placing
low income people at a disadvantage when buying such products.
���� f.� While financial barriers
are an issue impacting period inequity, stigma itself is also a significant
barrier to improving access to feminine hygiene products and education.
���� g.� The stigma and shame
surrounding menstruation makes it difficult to not only normalize menstruation
in conversation, especially for transgendered and non-binary people who
menstruate, but also to create and advance policy change such as eliminating
the tax on, and regulating ingredients used in, feminine hygiene products.
���� h.� For those who can afford
feminine hygiene products, most pads and tampons are made with materials
containing dioxins, toxins, phthalates, fragrances, and pesticides.
���� i.� The United States Food and
Drug Administration does not require feminine hygiene product companies to test
for chemicals, and if they do, they are not required to disclose the presence
of harmful toxins.
���� j.� There has been very little
research conducted on the long term effects of using feminine hygiene products,
and only relatively recent research has been conducted on this subject in
general. As a result, those who use feminine hygiene products may be unaware of
the consequences of using these products on a long-term basis.
���� k.� Period inequity is not the
only problem facing persons who menstruate.� Menstrual disorders are
complications that affect a woman's normal menstrual cycle.� Abnormal
menstruation can be linked to various biological, psychological, or
environmental factors.
���� l.� Common menstrual
disorders, from heavy bleeding and skipped periods, to troublesome mood swings,
disrupt the lives of persons who menstruate in crucial ways.
���� m.� Reproductive health has
been hampered by a lack of understanding of basic uterine and menstrual
physiology, and enhancing the understanding of the underlying phenomena
involved in menstruation, abnormal uterine bleeding, toxic shock syndrome, and
other menstruation-related disorders can increase the quality of, and improve
access to, reproductive health care.
���� n.� The high cost of feminine
hygiene products, the lack of education on how the menstrual cycle works, not
knowing how to use or properly dispose of feminine hygiene products, and the
lack of public awareness about menstrual disorders, all can lead to economic
hardship and health care disparities for minorities, persons with disabilities,
the transgendered community, and other under-served populations.
���� o.� The State of New Jersey has
exempted feminine hygiene products, such as pads and tampons, from the sales tax.�
In doing so, the State has recognized that it is financially burdensome for
persons who menstruate to continue to purchase these products at unaffordable
prices.� However, more can be done to achieve period equity for all of New
Jersey�s citizens who menstruate.
���� p.� It is in the best interest
of the State to establish a committee to study issues relating to period
inequity, menstrual disorders, and the impact both have on the health of
persons who menstruate.� The establishment of such a committee is necessary for
the State to: achieve period equity and ensure that all who menstruate,
regardless of socio-economic background, have access to affordable and safe
feminine hygiene products, education, and reproductive care without shame or
stigma.
���� 2.� As used in this act:
���� �Menstrual disorders� mean
conditions that involve physiological and emotional symptoms centering around
menstruation, typically prior to or during the period cycle, including, but not
limited to, heavy bleeding, amenorrhea, premenstrual dysphoric disorder,
premenstrual syndrome, fibroids, endometriosis, dysmenorrhea, and
oligomenorrhea.
���� �Toxic shock syndrome� means
an acute disease, caused by the staphylococcus aureus, streptococcus pyogenes,
or clostridium sordellii bacteria, which occurs in persons using tampons, and
is characterized by fever, diarrhea, nausea, diffuse erythema, and shock.
���� 3.� a.� There is established the
�Period Equity and Menstrual Disorders Study Committee� in the Department of Health.�
The purpose of the committee is to study issues relating to period inequity,
access to feminine hygiene products, menstrual disorders, and the health of
persons who menstruate.�
���� b.� The committee shall
consist of 15 members as follows:
���� (1)� three members of the
General Assembly, one of whom shall be a member of the Legislative Black
Caucus, one of whom shall be a member of the Legislative Latino Caucus, and one
of whom shall be a member of the Legislative Disability Caucus, appointed by
the Speaker of the General Assembly;
���� (2)� three members of the
Senate, one of whom shall be a member of the Legislative Black Caucus, one of
whom shall be a member of the Legislative Latino Caucus, and one of whom shall
be a member of the Legislative Disability Caucus, appointed by the President of
the Senate;
���� (3)� a representative of the
New Jersey Council on Developmental Disabilities;
���� (4)� a representative of the
New Jersey Supreme Court Committee on Diversity, Inclusion, and Community
Engagement;
���� (5)� the President of the New
Jersey Obstetrical and Gynecological Society, or a designee; and
���� (6)� six members of the
public, appointed by the Governor, with demonstrated knowledge of, or
experience with, period inequity, menstrual disorders, and issues relating to
the health of persons who menstruate who represent communities and
community-based advocacy groups reflecting the diverse economic, racial,
cultural, gender, and occupational composition of the State.
���� c.� The members of this
committee shall be appointed within 30 days after the effective date of this
act.� Any vacancies in the membership of the committee shall be filled in the
same manner as the original appointment.� Members of the committee shall serve
without compensation.
���� d.� The committee shall organize
as soon as practicable after the appointment of the committee�s members, and
the committee shall choose a chairperson from among its members.� The presence
of eight members shall constitute a quorum.� The committee may conduct business
without a quorum, but may only vote on recommendations when a quorum is present.
���� e.� The committee shall meet
regularly as the committee determines or at the call of the chairperson. �The
committee shall hold at least three public hearings in different parts of the
State and elicit testimony from the public at such times and places as the
chair shall designate.
���� f.� The Department of Human
Services shall provide stenographic, clerical, and other administrative
assistance and professional staff as the committee requires to carry out the
committee�s work.� The committee shall be entitled to avail itself of the
services of the employees of any State, county, or municipal department, board,
bureau, commission, or agency as the committee may require and as may be
available for the committee�s purposes.
���� 4.� a.� The committee shall:
���� (1)� examine current data,
research, and policies related to the pricing and taxation of feminine hygiene
products and racial, gender,� and disability disparities within the State, and
their impact on the affordability of, and access to, feminine hygiene products for
persons who menstruate, specifically those in the minority, disability, and
transgendered and non-binary communities, and other under-served populations;
���� (2)� establish ways to raise
awareness and educate the public about menstrual disorder, and better provide
care and services to those who suffer from these disorders;
���� (3)� establish guidelines and
best practices for educating persons who menstruate about toxic shock syndrome;
���� (4)� study the impact that
period inequity, the lack of reproductive care, the stigma surrounding
menstruating, and menstrual disorders have on the health of persons who
menstruate;
���� (5)� develop strategies to
make feminine hygiene products more affordable and accessible in the State for
persons who menstruate, specifically those in the minority, disability, and
transgendered and non-binary communities, and other under-served populations;
and
���� (6)� outline policies and
procedures that should be implemented to achieve period equity in the State.
���� b.� The committee shall
prepare and submit a report to the Governor, and to the Legislature pursuant to
section 2 of P.L.1991, c.164 (C.52:14-35 19.1), no later than one year after
the organization of the committee, and on an annual basis thereafter, that
includes its findings and makes recommendations for legislative or
administrative action necessary to further the purposes of this act.
���� 5.� This act shall take effect
immediately.
STATEMENT
���� This bill establishes a 15-member
Period Equity and Menstrual Disorders Committee.� Specifically, the committee
is to study issues relating to period inequity, access to feminine hygiene
products, menstrual disorders, and the health of persons who menstruate.
���� The committee is to consist
of: (1) three members of the General Assembly, appointed by the Speaker of the
General Assembly, and three members of the Senate, appointed by the Senate
President, each representing the Legislative Black Caucus, the Legislative
Latino Caucus, and the Legislative Disability Caucus, respectively; (2)
representatives of the New Jersey Council on Developmental Disabilities and the
New Jersey Supreme Court Committee on Diversity, Inclusion, and Community
Engagement; and the President of the New Jersey Obstetrical and Gynecological
Society, or a designee; and (3) six members of the public, appointed by the
Governor, with demonstrated knowledge of, or experience with, period inequity,
menstrual disorders, and issues relating to the health of persons who
menstruate who represent communities and community-based advocacy groups
reflecting the diverse economic, racial, cultural, gender, and occupational
composition of the State.
���� Under the provisions of the
bill, the committee is to: (1) examine current data, research, and policies
related to the pricing and taxation of feminine hygiene products and racial,
gender, and disability disparities within the State, and their impact on the
affordability of, and access to, feminine hygiene products for persons who
menstruate, specifically those in the minority, disability, and transgendered
and non-binary communities, and other under-served populations; (2) establish
ways to raise awareness and educate the public about menstrual disorders, and
to better provide care and services to those who suffer from these disorders;
(3) establish guidelines and best practices for educating persons who
menstruate about toxic shock syndrome; (4) study the impact that period
inequity, the lack of reproductive care, the stigma surrounding menstruating,
and menstrual disorders have on the health of persons who menstruate; (5)
develop strategies to make feminine hygiene products more affordable and
accessible in the communities and populations specified in the bill; and (6)
outline policies and procedures that should be implemented to achieve period
equity in the State.
���� The bill defines: �menstrual
disorders� as conditions that involve physiological and emotional symptoms
centering around menstruation, typically prior to or during the period cycle,
including, but not limited to, heavy bleeding, amenorrhea, premenstrual
dysphoric disorder, premenstrual syndrome, fibroids, endometriosis,
dysmenorrhea, and oligomenorrhea; and �toxic shock syndrome� as an acute
disease, caused by the staphylococcus aureus, streptococcus pyogenes, or
clostridium sordellii bacteria, which occurs in persons using tampons, and is
characterized by fever, diarrhea, nausea, diffuse erythema, and shock.
���� Within one year after
organization, and on an annual basis, the committee is to prepare and submit a
report to the Governor and the Legislature that includes its findings and makes
recommendations for legislative or administrative action necessary to further
the purposes of the bill.
���� Period inequity is an umbrella
term that encompasses several issues including unequal access to feminine
hygiene products, education, reproductive care, as well as the stigma
surrounding menstruating and the toxic ingredients used in pads and tampons.
���� Period inequity is
attributable to the high cost of feminine hygiene products and the fact that
the prices of these products are the same for people who menstruate, regardless
of socioeconomic status.� Those who cannot afford feminine hygiene products
often suffer from a myriad of health problems, including placing a person who
menstruates at a greater risk for toxic shock syndrome.
���� While financial barriers are
an issue impacting period inequity, stigma and the lack of knowledge of what
the long-term use of feminine hygiene products can do to the health of persons
who menstruate, are also significant barriers to improving access to feminine
hygiene products and education.� These barriers make it difficult to normalize
menstruation in conversation, especially for transgendered and non-binary
people who menstruate, and to create and advance policy change such as
eliminating the tax on, and regulating ingredients used in, feminine hygiene
products.
���� Period inequity is not the
only issue facing persons who menstruate.� Menstrual disorders are
complications that affect a woman's normal menstrual cycle and often disrupt
the lives of persons who menstruate in crucial ways.
���� The high cost of feminine
hygiene products, the lack of education on how the menstrual cycle works, not
knowing how to use or properly dispose of feminine hygiene products, and the
lack of public awareness about menstrual disorders, all can lead to economic
hardship and health care disparities for minorities, persons with disabilities,
the transgendered and non-binary communities, and other under-served
populations.
���� While the State has taken
steps to address period inequity by exempting feminine hygiene products, such
as pads and tampons, from the sales tax, more can be done to achieve period
equity for all of New Jersey�s citizens who menstruate.
���� Therefore, it is in the best
interest of the State to establish a committee to study issues relating to
period inequity, menstrual disorders, and the impact both have on the health of
persons who menstruate in order for the State to achieve period equity and
ensure that all who menstruate, regardless of socio-economic background, have
access to affordable and safe feminine hygiene products, education, and
reproductive care without shame or stigma.