APPROVED CHAPTER
JUNE 11, 2021 178
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 304 - L.D. 952
An Act To Limit Liability Regarding Donations of Menstrual Products
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.
Page 1 - 130LR1950(03)
 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.
Page 2 - 130LR1950(03)