Good Samaritan Menstrual Products Act in plain language
1: Short title
This section would give the Act the short title "Good Samaritan Menstrual Products Act."
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1. Short title This Act may be cited as the Good Samaritan Menstrual Products Act .
2: Limitation of liability for damages from donated menstrual products
This section would protect a person, manufacturer, or distributor from civil or criminal liability arising from the nature, age, packaging, or condition of apparently usable menstrual products that they donate in good faith to a nonprofit organization for eventual distribution to individuals who need such products. It would give a nonprofit organization the same protection from civil or criminal liability arising from the nature, age, packaging, or condition of apparently usable menstrual products it receives as a good-faith donation from a person, manufacturer, or distributor for eventual distribution to individuals in need of such products. These protections would not apply where the act or omission of the person, manufacturer, distributor, or nonprofit organization (whichever applies) amounts to gross negligence or intentional misconduct and results in injury to or death of a user or recipient of the menstrual product.
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2. Limitation of liability for damages from donated menstrual products (a) Liability of person, manufacturer, or distributor A person, manufacturer, or distributor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently usable menstrual products that the person, manufacturer, or distributor donates in good faith to a nonprofit organization for ultimate distribution to individuals in need of such products. (b) Liability of nonprofit organization A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently usable menstrual products that the nonprofit organization received as a donation in good faith from a person, manufacturer, or distributor for ultimate distribution to individuals in need of such products. (c) Exception Subsections (a) and (b) do not apply to an act or omission of a person, manufacturer, distributor, or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct that results in injury to or death of a user or recipient of the menstrual product.
3: Definition
This section would define "menstrual product" to mean a sanitary napkin, tampon, liner, cup, underwear, or any similar item used by an individual with respect to menstruation. It would define "apparently usable" to mean that a 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.
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3. Definition In this Act: (1) The term menstrual product means a sanitary napkin, tampon, liner, cup, underwear, and any similar item used by an individual with respect to menstruation. (2) The term 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.