Feminine Hygiene Products Amendments

26
13-2-1
13-2-1
13-82-101
13-82-201
13-82-301
1
Feminine Hygiene Products Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kristen Chevrier
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill provides labeling requirements for menstrual products.
Highlighted Provisions:
This bill:
requires a manufacturer of menstrual products sold in the state to list certain ingredients
intentionally added on a label on the packaging of the menstrual prod
uct;
authorizes the Division of Consumer Protection to enforce labeling requirements;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-2-1
Effective
05/06/26
Superseded
07/01/26
, as last amended by Laws of Utah
2025, Chapters 51, 181, 237, and 269
13-2-1
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 468
ENACTS:
13-82-101
Effective
05/06/26
, Utah Code Annotated 1953
13-82-201
Effective
05/06/26
, Utah Code Annotated 1953
13-82-301
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-2-1
is amended to read:
13-2-1
Effective
05/06/26
Superseded
07/01/26
. Consumer protection division
established -- Functions.
(1)
There is established within the Department of Commerce the Division of Consumer
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Consumer Protection Act;
(r)
Chapter 53, Residential
,
Vocational
or
and
Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(x)
Chapter 65, Utah Commercial Email Act;
(y)
Chapter 67, Online Dating Safety Act;
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(aa)
Chapter 70, Automatic Renewal Contracts Act;
(bb)
Chapter 71, Utah Minor Protection in Social Media Act;
(cc)
Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
and
(dd)
Chapter 78, Earned Wage Access Services Act
.
; and
(ee)
Chapter 82, Feminine Hygiene Products.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to establish:
(a)
a public list that identifies a person that:
(i)
violates a chapter described in Subsection
(2)
;
(ii)
without proper legal justification, fails to comply with an order, subpoena,
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance,
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as
described in Subsection
(3)(a)
.
Section 2. Section
13-2-1
is amended to read:
13-2-1
Effective
07/01/26
. Consumer protection division established --
Functions.
(1)
There is established within the Department of Commerce the Division of Consumer
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Consumer Protection Act;
(r)
Chapter 53, Residential
,
Vocational
or
and
Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(x)
Chapter 65, Utah Commercial Email Act;
(y)
Chapter 67, Online Dating Safety Act;
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(aa)
Chapter 70, Automatic Renewal Contracts Act;
(bb)
Chapter 71, Utah Minor Protection in Social Media Act;
(cc)
Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
(dd)
Chapter 78, Earned Wage Access Services Act;
and
(ee)
Chapter 81, Utah Digital Choice Act
.
; and
(ff)
Chapter 82, Feminine Hygiene Products.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to establish:
(a)
a public list that identifies a person that:
(i)
violates a chapter described in Subsection
(2)
;
(ii)
without proper legal justification, fails to comply with an order, subpoena,
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance,
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as
described in Subsection
(3)(a)
.
Section 3. Section
13-82-101
is enacted to read:
82. Feminine Hygiene Products
1. General Provisions
13-82-101
Effective
05/06/26
. Definitions.
As used in this section:
(1)
"Chemical" means:
(a)
lead;
(b)
cadmium;
(c)
arsenic;
(d)
dioxin (2,3,7,8-tetrachlordibenzo-p-dioxin (TCDD)); or
(e)
PFAS.
(2)
(a)
"Confidential business information" means an ingredient intentionally added, or a
combination of ingredients intentionally added, for which:
(i)
the A
dministrator of the United States Environmental Protection Agency has
approved a claim for inclusion on the confidential portion of the Toxic Substances
Control Act Chemical Substance Inventory in accordance with 15 U.S.C. Sec.
2607(b); or
(ii)
the manufacturer claims is a trade secret, as that term is defined in Section
13-24-2
,
in accordance with Title 13, Chapter 24, Uniform Trade Secrets Act.
(b)
"Confidential business information" does not include a chemical.
(3)
"Division" means the Division of Consumer Protection established in Section
13-2-1
.
(4)
"Ingredient intentionally added" means a chemical, substance, or combination of
substances in a menstrual product that serves a technical or functional purpose in the
finished menstrual product.
(5)
"Manufacturer" means a manufacturer of a menstrual product sold, offered for sale, or
distributed in the state.
(6)
"Menstrual product" means, whether disposable or reusable:
(a)
a tampon;
(b)
a sanitary napkin;
(c)
a menstrual cup; or
(d)
another similar product designed for hygiene in connection with the human
menstrual cycle.
(7)
"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a substance that is a
member of the class of fluorinated organic chemicals containing at least one fully
fluorinated carbon atom.
Section 4. Section
13-82-201
is enacted to read:
2. Requirements and Prohibited Practices
13-82-201
Effective
05/06/26
. Feminine hygiene products -- Labeling.
(1)
Beginning December 1, 2027, a manufacturer shall include a label on the package of the
menstrual product manufactured on or after December 1, 2027, that lists each ingredient
intentionally added.
(2)
(a)
The label described in Subsection
(1)
shall:
(i)
except as provided in Subsection
(2)(b)
, list each ingredient intentionally added in
order of predominance by weight as a percentage of the weight of the menstrual
product;
(ii)
be in a conspicuous location on the outside packaging of the menstrual product;
and
(iii)
be in legible type.
(b)
If the weight of an ingredient intentionally added is less than 1% of the weight of the
menstrual product, the ingredient intentionally added may be listed in any order
following the other
ingredients intentionally added listed
as described in Subsection
(2)(a)
.
(3)
Reasonable variations in the amount of an ingredient intentionally added in a menstrual
product listed on the label as described in Subsection
(2)
is permitted.
(4)
Nothing in this section prohibits a manufacturer from using technology, including a link
to an internet website, to provide the information required under Subsections
(1)
and (2).
(5)
(a)
This section may not be construed to require a manufacturer to disclose
confidential business information on the package of a menstrual product or on the
manufacturer's website.
(b)
If an ingredient intentionally added is confidential business information, the
ingredient intentionally added may be listed as described in this section by the
common name of the ingredient intentionally added.
(6)
A manufacturer shall revise the list required under Subsection
(1)
no later than:
(a)
for a label on the package of a menstrual product, 18 months after the day on which
an intentionally added ingredient is added or changed in the menstrual product; or
(b)
for a list of intentionally added ingredients using technology as described in
Subsection
(4)
, 6 months after the day on which an intentionally added ingredient is
added or changed in the menstrual product.
Section 5. Section
13-82-301
is enacted to read:
3. Enforcement
13-82-301
Effective
05/06/26
. Administration and enforcement -- Powers --
Legal counsel -- Fees.
(1)
The division shall administer and enforce the provisions of this chapter in accordance
with Chapter 2, Division of Consumer Protection.
(2)
(a)
In addition to the division's enforcement powers under Chapter 2, Division of
Consumer Protection:
(i)
the division director may impose an administrative fine of up to $2,500 for each
violation of this chapter; and
(ii)
the division may bring an action in a court of competent jurisdiction to enforce a
provision of this chapter.
(b)
In a court action by the division to enforce a provision of this chapter, the court may:
(i)
declare that an act or practice violates a provision of this chapter;
(ii)
issue an injunction for a violation of this chapter;
(iii)
impose a fine of up to $2,500 for each violation of this chapter; or
(iv)
award any other relief that the court deems reasonable and necessary.
(3)
If a court of competent jurisdiction grants judgment or injunctive relief to the division,
the court shall award the division:
(a)
reasonable attorney fees;
(b)
court costs; and
(c)
investigative fees.
(4)
(a)
A person who violates an administrative or court order issued for a violation of
this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b)
A civil penalty authorized under this section may be imposed in any civil action
brought by the division.
(5)
All money received for the payment of a fine or civil penalty imposed under this section
shall be deposited into the Consumer Protection Education and Training Fund created in
Section
13-2-8
.
Section 6.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 13-2-1
Effective
07/01/26
take effect on
July 1, 2026
.
3-4-26 10:50 AM