§ 89A.003.Nonprofit Organization Liability from Distributed Feminine Hygiene Product

The distributor protection, in parallel terms to the donor one.

A nonprofit organization is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of a feminine hygiene product donated to the organization that the organization distributes to individuals in need, provided the donated product meets all quality and labeling standards imposed by law.

Both ends of the chain are protected, which is what makes the chapter work. Protecting only the donor would leave the charity exposed, and a charity unwilling to accept the donation is as much an obstacle as a manufacturer unwilling to make it.

The food donor chapter uses the same two-sided structure, protecting the donor and the distributing nonprofit separately.

The quality and labeling condition is the distributor's obligation. The organization must satisfy itself the product meets the applicable standards before handing it on — which is a lower burden than assessing safety, since it is a matter of checking the product and its labelling rather than testing it.

Note what is not protected. The protection is against liability arising from the nature, age, packaging, or condition of the product. An organization that injured someone in some other way — negligent premises, negligent handling — is outside the section entirely.

The exceptions section then removes the protection from either party for intentional or grossly negligent conduct.