wa-law.org > bill > 2025-26 > SB 6087 > Original Bill
The legislature finds that many baby items, such as clothing, cribs, car seats, and toys, are discarded or underutilized while there is a significant need for these items among families in Washington. Donating baby items can help reduce waste, support families in need, and promote community welfare. However, potential donors may hesitate due to fear of civil liability if an item is later found to be defective. Chapter 69.80 RCW provides a successful framework for immunity from liability for donations of perishable food, which has encouraged such donations without compromising public safety. Extending a similar immunity to donations of baby items less than five years old will encourage more donations while ensuring that donors act in good faith and it is the intent of the legislature to promote the donation of safe baby items by limiting tort liability, thereby addressing social and environmental needs in Washington state.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Baby item" means any product intended for use by infants or toddlers, including but not limited to clothing, diapers, bottles, toys, cribs, high chairs, car seats, strollers, and other similar items.
"Donor" means any person, including an individual, business, nonprofit organization, or governmental entity, that donates a baby item without receiving direct compensation.
"Good faith" means a donation made honestly and without knowledge of any defect or unsafe condition in the baby item.
A donor who donates a baby item that is less than five years old shall not be subject to tort liability for any injury, death, or damage caused by the baby item, provided that:
The donation is made in good faith;
The donor reasonably believes the baby item is safe for its intended use at the time of donation; and
The baby item is not knowingly adulterated, contaminated, or defective.
This section does not create a new cause of action or substantive legal right against any person or entity.
The immunity provided under this section does not apply if:
The donor knew, or in the exercise of reasonable care should have known, that the baby item was unsafe, defective, or not fit for its intended use;
The donor failed to disclose a known defect or hazard associated with the baby item at the time of donation; or
The injury, death, or damage was caused by willful or wanton misconduct, gross negligence, or intentional acts by the donor.
Nothing in this chapter:
Limits or supersedes any other state or federal law related to product safety, consumer protection, or charitable donations; or
Provides immunity for violations of criminal law.
Appropriate state and local agencies are authorized to inspect donated baby items for wholesomeness and may establish procedures for the handling of donated baby items.
No later than December 31, 2026, the state board of health shall promulgate rules for the safe receipt, preparation, and handling by distributing organizations of baby items accepted from donors in order to facilitate the donation of baby items, free of charge, and to protect the health and safety of needy people.
No later than December 31, 2026, the department of health, in consultation with the state board of health, shall develop educational materials for donors containing recommended health and safety guidelines for the preparation and handling of baby items donated to distributing organizations.
This act does not affect any existing civil actions or claims pending as of the effective date of this section.
This act takes effect January 1, 2027.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.