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§ 89A.002.Liability from Donation of Feminine Hygiene Product

Title 4. Liability in Tort · Chapter 89A. Donation of Feminine Hygiene Products · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 89A.002 relieves a person, including a manufacturer or distributor, who donates a feminine hygiene product in good faith of civil and criminal liability arising from its nature, age, packaging, or condition.

Full Text of § 89A.002

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A person, including a manufacturer or distributor, is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of a feminine hygiene product that the person donates in good faith to a nonprofit organization for distribution to individuals in need of the products if the donated product meets all quality and labeling standards imposed by law at the time the product is donated, even if the product is not readily marketable.
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Plain-English Summary

The donor protection, and it names the parties it is aimed at.

A person, including a manufacturer or distributor, is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of a feminine hygiene product that the person donates in good faith to a nonprofit organization for distribution to individuals in need, provided the product meets the applicable requirements.

Naming manufacturers and distributors is deliberate. The donations this chapter contemplates are corporate — surplus inventory, discontinued lines, products with damaged outer packaging or approaching a date code.

Those are exactly the goods a manufacturer would otherwise destroy, and exactly the goods a distribution charity wants.

The four characteristics — nature, age, packaging, or condition — match the medical device chapter, and they identify what is wrong with donated stock: it is old, the box is crushed, or it has been stored imperfectly.

"Civil or criminal liability" covers both, as in the food donor chapter. Distributing products that fail some labelling or handling requirement can carry regulatory consequences as well as tort exposure, and the protection reaches both.

The chapter was enacted as part of a broader legislative response to period poverty, alongside measures exempting these products from sales tax.

Frequently Asked Questions

Can a manufacturer donate surplus feminine hygiene products safely in Texas?

Yes. A person, including a manufacturer or distributor, is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of a product donated in good faith to a qualifying nonprofit for distribution to individuals in need.

Does it cover criminal liability too?

Yes. The protection covers civil and criminal liability.

What kinds of donation does it contemplate?

Corporate donations of surplus inventory, discontinued lines, and stock with damaged outer packaging — goods that would otherwise be destroyed.

Amendment History

  • Added by Acts 2023, 88th Leg., R.S., Ch. 172 (H.B. 242), Sec. 1, eff. September 1, 2023.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source