HB1143: HB1143 Menstrual Product Transparency and Safety Act of 2026; enact

26 LC 52 0928 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 to1 general provisions regarding health, so as to provide for safer menstrual products in this2 state; to provide for definitions; to prohibit restricted subst ances in menstrual products; to3 provide for the Department of Public Health to identify restric ted substances, establish4 allowable trace thresholds, and provide for a phased compliance schedule; to require5 ingredient labeling on packages or boxes; to require third-part y testing of ingredients; to6 provide for public disclosure of such testing results; to provide for a civil penalty; to require7 the Department of Public Health to establish a public education campaign; to provide for8 periodic review; to provide for related matters; to provide for a short title; to repeal9 conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Menstrual Prod uct Transparency and13 Safety Act of 2026."14 H. B. 1143 - 1 - 26 LC 52 0928 SECTION 2.15 Chapter 1 of Title 31 of the Official Code of Georgia Annotated , relating to general16 provisions regarding health, is amended by adding a new Code section to read as follows:17 "31-1-27.18 (a) As used in this Code section, the term:19 (1) 'Ingredient' means an intentionally added ingredient prese nt in any quantity in a20 menstrual product and any nonfunctional byproduct or nonfunctional contaminant that21 is present in any quantity in a menstrual product.22 (2) 'Intentionally added ingredient' means any element or comp ound, or intentional23 breakdown product thereof, that a manufacturer has intentionally added to a menstrual24 product and which has a functional or technical effect on such product.25 (3) 'Manufacturer' means a person or other corporate entity th at manufactures a26 menstrual product or whose brand name appears on the label of such product or a person27 or entity for whom the product is manufactured or distributed, as identified on the product28 label pursuant to the federal Fair Packaging and Labeling Act, P.L. 89-755.29 (4) 'Menstrual product' means a disposable or reusable product manufactured,30 distributed, sold, or offered for sale in this state which is u sed for the purpose of31 containing menstruation and vaginal discharge. Such term includes but is not limited to32 tampons, pads, and menstrual cups.33 (5) 'Restricted substance' means a chemical or class of chemic als that the department34 determines, in consultation with the Environmental Protection D ivision of the35 Department of Natural Resources, pose a risk to human health when present in menstrual36 products. Such term includes but is not limited to lead, mercury, and related compounds;37 formaldehyde and formaldehyde releasing agents; antimicrobial agents such as triclosan38 and tricolcarban; toluene; talc; phthalates and ortho-phthalates; and perfluoroalkyl and39 polyfluoroalkyl substances (PFAS).40 H. B. 1143 - 2 - 26 LC 52 0928 (6) 'Third-party testing' means independent laboratory analysis conducted to verify the41 presence and safety of listed ingredients.42 (b)(1) Beginning on July 1, 2027, no menstrual product shall c ontain a restricted43 substance as an intentionally added ingredient and no menstrual product shall contain44 restricted substances as ingredients beyond allowable trace thresholds established by the45 department.46 (2) No later than January 1, 2027, the department shall identi fy restricted substances,47 establish allowable trace thresholds for restricted substances not intentionally added, and48 provide for a phased compliance schedule reflecting manufacturi ng feasibility and49 protection of public health. The department shall review allowable trace threshold levels50 established pursuant to this subsection at least once every fiv e years and as necessary51 based on the best available scientific evidence.52 (3) Nothing in this subsection shall be construed to create a private right of action,53 impose criminal penalties, or conflict with federal law governing consumer or medical54 products.55 (c)(1) Beginning on July 1, 2027, each package or box containi ng menstrual products56 shall include a plain and conspicuous list of all ingredients which shall appear in order57 of predominance by weight or volume. Such list shall be printed on such package or box58 or affixed thereto.59 (2) Manufacturers are encouraged to include information on the environmental impact60 of any menstrual product and to prioritize biodegradable or rec yclable materials in61 menstrual product packaging and design.62 (d)(1) Beginning on July 1, 2026, and annually thereafter, eac h manufacturer of a63 menstrual product shall submit the ingredient list provided for in subsection (c) of this64 Code section for third-party testing.65 H. B. 1143 - 3 - 26 LC 52 0928 (2) The results of the third-party testing conducted pursuant to paragraph (1) of this66 subsection shall be posted in a prominent location on the manufacturer's public website67 for the purposes of ensuring accuracy and compliance with federal and state standards.68 (e) Any manufacturer that violates subsection (c) or (d) of th is Code section shall be69 subject to a civil penalty of 1 percent of such manufacturer's total annual in-state sales;70 provided, however, that such amount shall be no more than $1,000.00 per package or box.71 (f)(1) Beginning on July 1, 2026, the department shall develop a public education72 campaign. Such campaign shall provide for:73 (A) Consumer education on how to read and interpret ingredient labels;74 (B) Increased awareness concerning the potential health risks associated with certain75 ingredients; and76 (C) Promotion of environmentally sound and sustainable menstrual product options.77 (2) Such campaign may include, but shall not be limited to, pu blic service78 announcements, distribution of informational materials, and partnerships with community79 organizations.80 (g) Beginning on July 1, 2026, and every three years thereafte r, the department shall81 review and update compliance and safety standards for menstrual product labeling. 82 Stakeholder input, including that of consumer advocacy groups and manufacturers, shall83 be solicited during such review process.84 (h) The requirements of this Code section shall be in addition to any other labeling85 requirements established pursuant to any other provision of state or federal law."86 SECTION 3.87 All laws and parts of laws in conflict with this Act are repealed.88 H. 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