A Current Summary of Breastfeeding Legislation in the U.S.

By Elizabeth N. Baldwin, Esq., and Kenneth A. Friedman, Esq.

BREASTFEEDING LEGISLATION: IN GENERAL

Breastfeeding legislation has been enacted in over one-half of the United States. Initially, legislation concerned itself with breastfeeding in public issues, clarifying that mothers have a right to breastfeed where they go with their baby. Since then, other issues have arisen, such as exempting breastfeeding mothers from jury duty, or protecting breastfeeding mothers when they return to work. A few states have enacted laws that require courts in family law cases (divorce or separation) to consider breastfeeding in making custody and visitation or parenting time decisions. Two states exempt mothers nursing their children in their cars from the seatbelt laws. Maryland became the first state to provide an exemption from the sales tax laws for breastfeeding accessories, such as pumps, shields, and other items that are used by breastfeeding mothers.

The articles on this web site article discuss the current status of breastfeeding legislation, and how it affects breastfeeding mothers. We look at the importance of breastfeeding, and how it affects each of the areas of the law, as well as how mothers can use this information if they encounter problems. A complete listing of all the states that we know of that have legislation, including the language from their laws, is found at A Current Summary of Breastfeeding Legislation in the U.S. For information on enacting breastfeeding legislation, see A Look at Enacting Breastfeeding Legislation.

Last updated Saturday, July 29, 2006 2:21 AM by sjs.

Page last edited Sun Oct 14 09:33:12 UTC 2007.