Tennessee Code 53-1-117 – No criminal or civil liability in the absence of gross negligence or intentional misconduct for feminine hygiene product donation
(a) The good faith donor of an apparently usable feminine hygiene product to a bona fide charitable or nonprofit organization for free distribution to persons in need of the product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene product.
Terms Used In Tennessee Code 53-1-117
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Donor: The person who makes a gift.
Labeling: means all labels and other written, printed or graphic matter:(A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
Person: includes an individual, partnership, corporation and association. See Tennessee Code 53-1-102
State: means the state of Tennessee and its political subdivisions. See Tennessee Code 53-1-102
(b) A bona fide charitable or nonprofit organization that in good faith receives an apparently usable feminine hygiene product and distributes the product to persons in need is not subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene product.(c) Subsections (a) and (b) do not apply when a good faith donor or bona fide charitable or nonprofit organization’s actions constitute gross negligence or intentional misconduct that results in injury or death to a person who uses the apparently usable feminine hygiene product.(d) As used in this section:
(1) “Apparently usable” means that a product meets all quality and labeling standards imposed by federal and state laws and regulations even if the product may not be readily marketable;(2) “Bona fide charitable or nonprofit organization” has the same meaning as defined in § 57-4-102; and(3) “Feminine hygiene product”:
(A) Means a product used for a female’s menstruation or other genital-tract secretions; and(B) Includes tampons and sanitary napkins.
