SUMMARY OF PROPOSED BREASTFEEDING LEGISLATION IN THE UNITED STATES
as of March 13, 2007

by

Melissa R. Vance, Esq.

This page contains information pertaining to proposed legislation. These proposals have no legal weight until enacted. In many cases, a proposal will be significantly changed as it makes its way through the legislative process. Be aware that many bills will never become laws. Therefore, it is important to check the specific legislative website to find out the status of the proposal.

If you wish to comment on proposed legislation, the place to start is with your representative(s); however, at times there may be more specific action to be taken (such as requesting a bill be/not be posted for a vote, a committee hearing, etc.). Most states in the United States will have a legislative website that can provide further information on the process. Contacting a sponsor's office is another way to find information on a specific proposal or bill. Bills often expire when the state legislative body ends its session, and will have to be reintroduced for further consideration. Read our information about Enacting Breastfeeding Legislation.

The best way to contact a legislator is to send a short written letter regarding the bill. Phone calls and e-mails are best saved for when time is short, i.e. a bill is suddenly up for a hearing or vote.

If you aware of pending breastfeeding legislation, or any updates, in the United States or any other country, please contact the Website Team.

REMEMBER THESE ARE PROPOSED BILLS WHICH MAY NEVER BE ENACTED, OR MAY BE SUBSTANTIALLY CHANGED. AN EFFECTIVE DATE ONLY HAS MEANING IF THE BILL BECOMES A LAW. INCLUSION ON THIS PAGE DOES NOT CONSTITUTE ENDORSEMENT BY LA LECHE LEAGUE, BUT IS FOR INFORMATIONAL PURPOSES ONLY.

States currently listed:

Alaska • Massachusetts • Missouri • Pennsylvania • Texas • West Virginia • Wisconsin

ALASKA

SB 508, sponsored by Sen. Elton, addresses breastfeeding mothers and jury duty. The bill may be viewed at:
http://www.legis.state.ak.us/PDF/25/Bills/SB0058A.PDF

It was referred to the Judiciary Committee on 1/19/07.

MASSACHUSETTS

There are several bills pending in the Massachusetts Legislature for the 2007 session.

HB1439, Introduced by Paul Frost

SECTION 1. Section 16 of chapter 272 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding the following sentence: -- The act of breast-feeding a child shall not be considered a violation of this section.

SECTION 2. Section 53 of said chapter 272, as so appearing, is hereby amended by adding the following sentence: -- The act of breast-feeding a child shall not be considered a violation of this section.

SECTION 3. Said chapter 272 is hereby further amended by inserting after section 98C the following section: -- Section 98D. Notwithstanding any other provisions of law, any person who is breast-feeding a child shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation, within the commonwealth, to which other persons are entitled. Whoever deprives any person who is breast-feeding, of any right conferred by this section shall be punished by a fine of not more than three hundred dollars and shall be liable to any person aggrieved thereby for such damages as are set forth in section five of chapter one hundred and fifty-one B; provided, however, that such civil forfeiture shall be of an amount not less than one hundred dollars.

HB2257 introduced by Harriet Stanley relates to distributed of literature and samples to breastfeeding mothers. Text can be found at:
http://www.mass.gov/legis/bills/house/185/ht02pdf/ht02257.pdf

SB 78 also addresses breastfeeding; however, the text was not available at the time this was updated.

Petition of Susan C. Fargo, David P. Linsky, Edward M. Augustus, Jr., Lida E. Harkins and other members of the General Court for legislation relative to the public health benefits of breastfeeding.

01/10/07 S Referred to the committee on Children, Families and Persons with Disabilities
01/10/07 H House concurred

MISSOURI

HB5461, sponsored by R. Schaff, would exempt breastfeeding mothers from jury duty.

For status and text: http://www.house.mo.gov/bills071/bills/hb546.htm

(Text applying to breastfeeding: (6) Any woman who is breastfeeding, but only if such woman provides a written statement to the court certifying that she is actually breastfeeding her own child not exceeding two years of age; and requesting that she be excused from service.)

PENNSYLVANIA

Pennsylvania has no statutes that address breastfeeding, including breastfeeding in public. There are several bills in the Senate which have been referred to various committees in October 2005: SB951 pertaining to breastfeeding in public; SB952 regarding discrimination against mothers who breastfeed and providing for workplace accomodations; and SB953 which would provide tax breaks for employers who provide lactation programs. These bills, and the one that follows below have not been moved out of committee. Interested parties should contact their legislators if they wish to comment on these bills.

HOUSE BILL No. 1822
Introduced by Josephs, Bebko-Jones, Benninghoff, Blackwell, Bunt, Caltagirone, Denlinger, Fabrizio, Frankel, Freeman, Gingrich, Goodman, Hershey, James, Leach, Manderino, Petrarca, Pistella, Shapiro and Youngbloof, June 30, 2005

Referred to Committee on Children and Youth, June 30, 2005

AN ACT

Protecting the right of a mother to nurse her child in public; prohibiting a unit of local government from adopting an ordinance prohibiting breastfeeding in public; and providing that breastfeeding may not be considered a nuisance, indecent exposure, sexual conduct or obscenity.

WHEREAS, There are benefits to the child, the mother and society by encouraging and enabling mothers to breastfeed their children; and
WHEREAS, An infant who is breastfed receives protection against infection, illness, and allergies, and long-term positive effects on the development, intelligence and health of breastfed children have been found; and
WHEREAS, A protective effect against various types of cancer and greater emotional and physical health are found for mothers who breastfeed; and
WHEREAS, Breastfeeding promotes sufficient birth spacing, improved vaccine effectiveness and decreased food and medical expenses, which all have positive societal effects; and
WHEREAS, The Pennsylvania Supplemental Food Program for Women, Infants, and Children (WIC) promotes breastfeeding education and support; and
WHEREAS, Legislation to clarify the right to breastfeed is necessary to promote breastfeeding by mothers and remove any stumbling block from influencing a mother's decision to breastfeed or continue breastfeeding out of fear of reprisal.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Declaration of policy.

The General Assembly finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values.

Section 2. General rule.

A mother has a right to breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.

Section 3. Local ordinance prohibition.

A unit of local government may not prohibit breastfeeding in public by local ordinance.

Section 4. Right to breastfeed.

The act of breastfeeding may not be considered:
(1) A nuisance as defined in 18 Pa.C.S. § 6504 (relating to public nuisances).
(2) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).
(3) Obscenity or sexual conduct as defined in 18 Pa.C.S. § 5903 (relating to obscene and other sexual materials and performances).

Section 5. Effective date.

This act shall take effect immediately.

Further information: http://www.legis.state.pa.us/

TEXAS

80(R)HB 1154 would provide that a mother is entitled to breastfeed her baby in any location that she is otherwise authorized to be, and that her right to be in a location may not be revoked for the sole reason that she begins to breastfeed. Moreover, a person may not interfere with the right to breastfeed in any place open to the general public, or any place owned/operated by an entity which pays taxes to the comptroller or which holds a license/permit issued by the comptroller. The bill also provides for warnings and fines to entities which violate the act.

(Editor's note: This bill is in response to various incidents in Texas, where mothers have been asked to leave public places because of breastfeeding, despite the current law providing that a mother is entitled to breastfeed her baby in any location in which the mother is authorized to be.)

To view status:
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB1154

80(R)HB703 is a bill regarding the licensing of lactation consultants.