In step with several other states, Colorado is now considering legislation that would exempt tampons and other feminine hygiene products from the state sales and use tax. House Bill 1127 does not require localities to exempt these products from local sales and use tax. Rather, it enables local taxing jurisdictions to adopt the same exemption by ordinance or resolution.

The bill states that its intent is to “increase the affordability of feminine hygiene products and to redress the inequitable burden that such tax places on the millions of women in Colorado for whom such products are medically essential.” It would add “all sales of feminine hygiene products purchased on and after January 1, 2018” to the definition of exempt “drugs and medical and therapeutic devices.”

“Feminine hygiene products” are defined in the measure as menstrual cups, menstrual pads, menstrual sponges, pantiliners, sanitary napkins, and tampons.

Tampon tax exemptions, as these are popularly called, are also under consideration in Michigan, Texas, and Washington D.C. Proposed exemptions for feminine hygiene products were recently rejected in California (by veto) and North Dakota.

These products became exempt from New York sales and use tax on September 1, 2016, and from Illinois sales and use tax on January 1, 2017. They will be exempt from Connecticut sales and use tax (along with diapers) as of July 1, 2018.

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