Georgia Commons

Senate · Introduced · 2025-2026 Regular Session

SB 539: Sales and Use Taxes; certain baby products and feminine hygiene products from taxation; exempt

Last action February 20, 2026 · Senate Read and Referred

A Georgia Senate bill would exempt children's diapers, baby formula, baby skin care products, and feminine hygiene products like tampons and pads from the state sales and use tax.

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In plain language

Georgia currently charges sales tax on most retail purchases, including baby supplies and menstrual products, unless a specific exemption applies. This bill adds a new exemption to Georgia's sales and use tax law (O.C.G.A. § 48-8-3). The bill exempts children's diapers, baby formula, and therapeutic or preventive creams and wipes marketed mainly for use on children's skin. It also exempts feminine hygiene products marketed for absorbing or capturing menstrual flow, specifically naming tampons, menstrual pads and sanitary napkins, panty liners, menstrual sponges, and menstrual cups. The bill makes small technical edits to the existing exemption list to fit in the new category, and it repeals any conflicting laws. The bill does not state a specific effective date beyond the standard process of becoming law once signed.

What the bill does

  • Adds a new sales and use tax exemption in O.C.G.A. § 48-8-3 covering children's diapers and baby formula.
  • Exempts therapeutic or preventive creams and wipes marketed primarily for use on children's skin from sales tax.
  • Exempts feminine hygiene products marketed for absorbing or capturing menstrual flow, including tampons, pads, panty liners, sponges, and cups.
  • Makes technical punctuation changes to the existing list of tax exemptions to insert the new category.
  • Repeals any existing state laws that conflict with the new exemption.

Who it affects

Parents and caregivers who buy diapers and baby formula, people who purchase feminine hygiene products, retailers who collect sales tax on these items, and the Georgia Department of Revenue, which administers sales and use tax collection.

Why it matters

If enacted, Georgians buying diapers, baby formula, certain baby skin care products, and menstrual products would no longer pay state sales tax on those purchases, lowering the out-of-pocket cost of routine household items for families and anyone who menstruates.

Key provisions

  • Section 1 amends O.C.G.A. § 48-8-3 by adding new paragraph (105.1), listing the specific products exempted from sales and use tax.
  • The exemption covers children's diapers, baby formula, and creams and wipes marketed primarily for children's skin.
  • The exemption also covers feminine hygiene products marketed for absorbing or capturing menstrual flow, naming tampons, pads, panty liners, menstrual sponges, and menstrual cups as examples.
  • Section 1 also makes small wording changes, replacing 'or' and a period with '; or' to fit the new exemption into the existing list format.
  • Section 2 repeals any laws or parts of laws that conflict with the Act.

From the bill

The sale or use of children's diapers, baby formula, therapeutic or preventive creams and wipes marketed primarily for use on the skin of children, and feminine hygiene products marketed primarily for the purpose of absorbing or capturing menstrual flow

This is the core language defining which products would become exempt from Georgia sales and use tax.

Status timeline

  1. 2026-02-20Senate Read and Referred (Senate)
  2. 2026-02-19Senate Hopper (Senate)

Sponsors

  • Randy Robertson (R, SD-029)Primary sponsor
  • Clint Dixon (R, SD-045)
  • Bo Hatchett (R, SD-050)
  • Chuck Payne (R, SD-054)
  • Russ Goodman (R, SD-008)
  • Jason Anavitarte (R, SD-031)
  • Max Burns (R, SD-023)
  • Sam Watson (R, SD-011)

Topics

  • sales tax exemptions
  • feminine hygiene products
  • baby products
  • menstrual equity
  • Georgia tax law

Ask about this bill

Answers come from this document. Not legal advice.

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SB539: Sales and Use Taxes; certain baby products and feminine hygiene products from taxation; exempt | Georgia Commons