An Act To Limit Liability Regarding Donations of Menstrual Products
Maine Legislature, Session 130, LD 0952
Committee: Judiciary
Sponsors: BREEN, TEPLER, BRENNER, CARNEY, DAUGHTRY, KEIM, MOORE, SANBORN
Amends: 14 MRSA §173

Legislative Document
No. 952
S.P. 304
In Senate, March 9, 2021
An Act To Limit Liability Regarding Donations of Menstrual 
Products
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BREEN of Cumberland.
Cosponsored by Representative TEPLER of Topsham and
Senators: BRENNER of Cumberland, CARNEY of Cumberland, DAUGHTRY of 
Cumberland, KEIM of Oxford, MOORE of Washington, SANBORN of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §173 is enacted to read:
§173.  Immunity for menstrual product donations
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "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. 
B.  "Menstrual product" means a sanitary napkin, tampon, liner, cup, underwear or any 
similar item used by an individual with respect to menstruation.  
2.  Immunity for donor.  Notwithstanding any other provision of law, a good faith 
donor of menstrual 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 menstrual products, 
unless the injury or death is a direct result of the gross negligence, recklessness or 
intentional misconduct of the donor.
3.  Immunity of distributor.  Notwithstanding any other provision of law, a bona fide 
charitable or nonprofit organization and any employee or volunteer of that organization 
who in good faith receive and distributes menstrual products that are apparently usable at 
the time they are distributed are immune from civil or criminal liability arising from an 
injury or death due to the condition of the menstrual products, unless the injury or death is 
a direct result of the gross negligence, recklessness or intentional misconduct of the 
organization employee or volunteer.
4.  Application.  This section applies to all good faith donations of menstrual 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 menstrual products for use.
5.  Immunity of facilities.  Notwithstanding any provision of law to the contrary, a 
hospital or other health care facility licensed by the Department of Health and Human 
Services that, in good faith and in accordance with guidelines established by the recipient 
organization, donates menstrual 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 menstrual products, unless the injury, illness or death is a direct result of intentional 
misconduct of the donor.  Nothing in this subsection prevents a licensed hospital or health 
care facility from receiving the immunity provided in subsection 2 if the donor qualifies 
for immunity under the terms of that subsection.
SUMMARY
This bill 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 menstrual 
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 
those donations.