House Bill 1143
By: Representatives Schofield of the 63rd, Buckner of the 137th, Hugley of the 141st, Davis
of the 87th, and Scott of the 76th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions regarding health, so as to provide for safer menstrual products in this
state; to provide for definitions; to prohibit restricted substances in menstrual products; to
provide for the Department of Public Health to identify restricted substances, establish
allowable trace thresholds, and provide for a phased compliance schedule; to require
ingredient labeling on packages or boxes; to require third-party testing of ingredients; to
provide for public disclosure of such testing results; to provide for a civil penalty; to require
the Department of Public Health to establish a public education campaign; to provide for
periodic review; to provide for related matters; to provide for a short title; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Menstrual Product Transparency and
Safety Act of 2026."
SECTION 2.
Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general
provisions regarding health, is amended by adding a new Code section to read as follows:
<ins>"31-1-27.
(a) As used in this Code section, the term:
(1) 'Ingredient' means an intentionally added ingredient present in any quantity in a
menstrual product and any nonfunctional byproduct or nonfunctional contaminant that
is present in any quantity in a menstrual product.
(2) 'Intentionally added ingredient' means any element or compound, or intentional
breakdown product thereof, that a manufacturer has intentionally added to a menstrual
product and which has a functional or technical effect on such product.
(3) 'Manufacturer' means a person or other corporate entity that manufactures a
menstrual product or whose brand name appears on the label of such product or a person
or entity for whom the product is manufactured or distributed, as identified on the product
label pursuant to the federal Fair Packaging and Labeling Act, P.L. 89-755.
(4) 'Menstrual product' means a disposable or reusable product manufactured,
distributed, sold, or offered for sale in this state which is used for the purpose of
containing menstruation and vaginal discharge. Such term includes but is not limited to
tampons, pads, and menstrual cups.
(5) 'Restricted substance' means a chemical or class of chemicals that the department
determines, in consultation with the Environmental Protection Division of the
Department of Natural Resources, pose a risk to human health when present in menstrual
products. Such term includes but is not limited to lead, mercury, and related compounds;
formaldehyde and formaldehyde releasing agents; antimicrobial agents such as triclosan
and tricolcarban; toluene; talc; phthalates and ortho-phthalates; and perfluoroalkyl and
polyfluoroalkyl substances (PFAS).
</ins>
<ins>(6) 'Third-party testing' means independent laboratory analysis conducted to verify the
presence and safety of listed ingredients.
(b)(1) Beginning on July 1, 2027, no menstrual product shall contain a restricted
substance as an intentionally added ingredient and no menstrual product shall contain
restricted substances as ingredients beyond allowable trace thresholds established by the
department.
(2) No later than January 1, 2027, the department shall identify restricted substances,
establish allowable trace thresholds for restricted substances not intentionally added, and
provide for a phased compliance schedule reflecting manufacturing feasibility and
protection of public health. The department shall review allowable trace threshold levels
established pursuant to this subsection at least once every five years and as necessary
based on the best available scientific evidence.
(3) Nothing in this subsection shall be construed to create a private right of action,
impose criminal penalties, or conflict with federal law governing consumer or medical
products.
(c)(1) Beginning on July 1, 2027, each package or box containing menstrual products
shall include a plain and conspicuous list of all ingredients which shall appear in order
of predominance by weight or volume. Such list shall be printed on such package or box
or affixed thereto.
(2) Manufacturers are encouraged to include information on the environmental impact
of any menstrual product and to prioritize biodegradable or recyclable materials in
menstrual product packaging and design.
(d)(1) Beginning on July 1, 2026, and annually thereafter, each manufacturer of a
menstrual product shall submit the ingredient list provided for in subsection (c) of this
Code section for third-party testing.
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<ins>(2) The results of the third-party testing conducted pursuant to paragraph (1) of this
subsection shall be posted in a prominent location on the manufacturer's public website
for the purposes of ensuring accuracy and compliance with federal and state standards.
(e) Any manufacturer that violates subsection (c) or (d) of this Code section shall be
subject to a civil penalty of 1 percent of such manufacturer's total annual in-state sales;
provided, however, that such amount shall be no more than $1,000.00 per package or box.
(f)(1) Beginning on July 1, 2026, the department shall develop a public education
campaign. Such campaign shall provide for:
(A) Consumer education on how to read and interpret ingredient labels;
(B) Increased awareness concerning the potential health risks associated with certain
ingredients; and
(C) Promotion of environmentally sound and sustainable menstrual product options.
(2) Such campaign may include, but shall not be limited to, public service
announcements, distribution of informational materials, and partnerships with community
organizations.
(g) Beginning on July 1, 2026, and every three years thereafter, the department shall
review and update compliance and safety standards for menstrual product labeling.
Stakeholder input, including that of consumer advocacy groups and manufacturers, shall
be solicited during such review process.
(h) The requirements of this Code section shall be in addition to any other labeling
requirements established pursuant to any other provision of state or federal law."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.