US 50 State Summary of Breastfeeding Laws Resources in United States
US 50 State Summary of Breastfeeding Laws Resources
Health professionals and public health officials promote breastfeeding to improve infant health. Both mothers and children benefit from breast milk. Breast milk contains antibodies that protect infants from bacteria and viruses. Breastfed children have fewer ear infections, respiratory infections, urinary tract infections and have diarrhea less often. Infants who are exclusively breastfed tend to need fewer health care visits, prescriptions and hospitalizations resuling in a lower total medical care cost compared to never-breastfed infants. It also provides long-term preventative effects for the mother, including an earlier return to pre-pregnancy weight, reduced risk of pre-menopausal breast cancer and osteoporosis. According to the New York Times, approximately 70 percent of mothers start breastfeeding immediately after birth, but less than 20 percent of those moms are breastfeeding exclusively six months later. It is a national goal to increase the proportion of mothers who breastfeed their babies in the early postpartum period to 75 percent by the year 2010.
- Thirty-nine states, the District of Columbia and the Virgin Islands have laws with language specifically allowing women to breastfeed in any public or private location (Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont and Wyoming).
- Twenty-five states and the Virgin Islands exempt breastfeeding from public indecency laws (Alaska, Arizona, Arkansas, Florida, Illinois, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming).
- Twenty states, the District of Columbia and Puerto Rico have laws related to breastfeeding in the workplace (California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Indiana, Minnesota, Mississippi, Montana, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Virginia, Washington and Wyoming).
- Twelve states and Puerto Rico exempt breastfeeding mothers from jury duty (California, Idaho, Illinois, Iowa,Kansas, Kentucky, Minnesota, Mississippi, Nebraska, Oklahoma, Oregon and Virginia).
- Five states and Puerto Rico have implemented or encouraged the development of a breastfeeding awareness education campaign (California, Illinois, Minnesota, Missouri and Vermont).
- Virginia allows women to breastfeed on any land or property owned by the state.
Several states have unique laws related to breastfeeding. For instance,
- The state of Virginia allows women to breastfeed on any land or property owned by the state. Puerto Rico requires shopping malls, airports, public service government centers and other select locations to have accessible areas designed for breastfeeding and diaper changing that are not bathrooms.
- At least two states have laws related to child care facilities and breastfeeding. Louisiana prohibits any child care facility from discriminating against breastfed babies. Mississippi requires licensed child care facilities to provide breast-feeding mothers with a sanitary place that is not a toilet stall to breast-feed their children or express milk, to provide a refrigerator to store expressed milk, to train staff in the safe and proper storage and handling of human milk, and to display breast-feeding promotion information to the clients of the facility.
- California requires the Department of Public Health to develop a training course of hospital policies and recommendations that promote exclusive breastfeeding and specify staff for whom this model training is appropriate. The recommendation its targeted at hospitals with exclusive patient breastfeeding rates ranked in the lowest twenty-five percent of the state.
- Maryland exempts from the sales and use tax the sale of tangible personal property that is manufactured for the purpose of initiating, supporting or sustaining breastfeeding.
- California, New York and Texas have laws related to the procurement, processing, distribution or use of human milk.
| State | Summary of Statutes |
| Alabama | Ala. Code § 21-1-13 (2006) allows a mother to breastfeed her child in any public or private location. |
| American Samoa | |
| Alaska | Alaska Stat. § 29.25.080 (1998) and § 01.10.060 prohibits a municipality from enacting an ordinance that prohibits or restricts a woman breastfeeding a child in a public or private location where the woman and child are otherwise authorized to be. The law clarifies that lewd conduct, lewd touching, immoral conduct, indecent conduct, and similar terms do not include the act of a woman breastfeeding a child in a public or private location where the woman and child are otherwise authorized to be. (SB 297) |
| Arizona | Ariz. Rev. Stat. Ann § 41-1443 (2006) provides that indecent exposure does not include an act of breast-feeding by a mother and entitles a mother to breast-feed in any public place where the mother is otherwise lawfully present. |
| Arkansas | Ark. Stat. Ann. § 5-14-112 and § 20-27-2001 (2007) allow a woman to breastfeed in any public or private location where other individuals are present. The law also exempts breastfeeding women from indecent exposure laws. |
| California | Cal. Civil Code § 43.3 (1997) allows a mother to breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present. (AB 157)Cal. Health and Safety Code § 123360 and § 1257.9 provide that the Department of Public Health shall include in its public service campaign the promotion of mothers breastfeeding their infants. The department shall also develop a training course of hospital policies and recommendations that promote exclusive breastfeeding and specify staff for whom this model training is appropriate. The recommendation its targeted at hospitals with exclusive patient breastfeeding rates ranked in the lowest twenty-five percent of the state.
Cal. Lab. Code § 1030 et seq. (2001) provides that employers need to allow a break and provide a room for a mother who desires to express milk in private. Cal. Assembly Concurrent Resolution 155 (1998) encourages the state and employers to support and encourage the practice of breastfeeding by striving to accommodate the needs of employees, and by ensuring that employees are provided with adequate facilities for breastfeeding and expressing milk for their children. The resolution memorializes the governor to declare by executive order that all state employees be provided with adequate facilities for breast feeding and expressing milk. Cal. Civil Code § 210.5 (2000) allows the mother of a breastfed child to postpone jury duty for one year and specifically eliminates the need for the mother to appear in court to request the postponement. The law also provides that the one-year period may be extended upon written request of the mother. [Chap. 266; AB 1814] Cal. Health and Safety Code § 1647 (1999) declares that the procurement, processing, distribution or use of human milk for the purpose of human consumption is considered to be a rendition of service rather than a sale of human milk. [Chap. 87; AB 532] |
| Colorado | Colo. Rev. Stat. § 25-6-301 and § 25-6-302 (2004) recognizes the benefits of breastfeeding and encourages mothers to breastfeed. The law also allows a mother to breastfeed in any place she has a right to be. (SB 88)2008 Colo., Sess. Laws, Chap. 106 requires that an employer shall provide reasonable break time for an employee to express breast milk for her nursing child for up to two years after the child’s birth. The employer shall make reasonable efforts to provide a place, other than a toilet stall, for the employee to express breast milk in privacy. The law also requires the Department of Labor and Employment to provide, on its Web site, information and links to other Web sites where employers can access information regarding methods to accommodate nursing mothers in the workplace. |
| Connecticut | Conn. Gen. Stat. § 31-40w (2001) requires employers to provide a reasonable amount of time each day to an employee who needs to express breast milk for her infant child and to provide accommodations where an employee can express her milk in private. [HF 5656]Conn. Gen. Stat. § 46a-64 (1997) prohibits places of public accommodation, resort or amusement from restricting or limiting the right of a mother to breastfeed her child. [P.A. 97-210]
Conn. Gen. Stat. Ann. § 53-34b provides that no person may restrict or limit the right of a mother to breast-feed her child. |
| Delaware | Del. Code Ann. tit. 31 § 310 (1997) entitles a mother to breastfeed her child in any location of a place of public accommodation wherein the mother is otherwise permitted. [71 Del. Laws, c. 10, § 1] |
| District of Columbia | D.C. Code Ann. § 2-1402.81 et seq. provides that a woman shall have the right to breastfeed her child in any location, public or private, where she has the right to be with her child. The law also specifies than an employer shall provide reasonable daily unpaid break periods, as required by the employee, so taht the employee may express breast milk for her child. These break periods shall run concurrently with any break periods that may already be provided to the employee. Requires that an employer make reasonable efforts to proivde a sanitary room or other location, other than a bathroom or toilet stall, where an employee can express her breast milk in privacy and security. The location may include a childcare facility in close proximity to the employee’s work location. |
| Florida | Fla. Stat. § 383.016 (1994) authorizes a facility lawfully providing maternity services or newborn infant care to use the designation “baby-friendly” on its promotional materials. The facility must be in compliance with at least eighty percent of the requirements developed by the Department of Health in accordance with UNICEF and World Health Organization baby-friendly hospital initiatives. (SB 1668)Fla. Stat. § 383.015 (1993) allows a mother to breastfeed in any public or private location. (HB 231)
Fla. Stat. § 800.02 et seq. and § 827.071 exclude breastfeeding from various sexual offenses, such as lewdness, indecent exposure and sexual conduct. |
| Georgia | Ga. Code § 31-1-9 (1999, 2002) allows a mother to breastfeed in any location where she is otherwise authorized to be, provided that she acts in a discreet and modest way. [Act 304; SB 29] The statute was amended in 2002 to add that the breastfeeding of a baby should be encouraged in the interests of maternal and child health. (S.B. 221)Ga. Code § 34-1-6 (1999) allows employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the work place for this activity. The employer is not required to provide break time if to do so would unduly disrupt the workplace operations. |
| Guam | |
| Hawaii | Hawaii Rev. Stat. § 367-3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble, and publish data concerning instances of discrimination involving breastfeeding or expressing breast milk in the workplace. Prohibits employers to forbid an employee from expressing breast milk during any meal period or other break period. (HB 266)Hawaii Rev. Stat. § 378-2 (1999) provides that it is unlawful discriminatory practice for any employer or labor organization to refuse to hire or employ, or to bar or discharge from employment, or withhold pay, demote, or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. (HB 2774)
Hawaii Rev. Stat. § 489.21 and 489-22 provides that it is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, priviledge, advantages, and accommodations of a place of public accommodations to a woman because she is breast feeding a child. |
| Idaho | Idaho Code § 2-209 (1996) allows a nursing mother to postpone jury service until she is no longer nursing the child.Idaho Code § 2-212 provides that a person who is not disqualified for jury service under § 2-209 may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child. |
| Illinois | Ill. Rev. Stat. ch. 705 § 305/10.3 (2005) amends the Jury Act. Provides that any mother nursing her child shall, upon her request, be excused from jury duty.Ill. Rev. Stat. ch. 740 § 137 (2004) creates the Right to Breastfeed Act. Provides that a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be; a mother who breastfeeds in a place of worship shall follow the appropriate norms within that place of worship. (SB 3211)
Ill. Rev. Stat. ch. 820 § 260 (2001) creates the Nursing Mothers in the Workplace Act. Requires that employers provide reasonable unpaid break time each day to employees who need to express breast milk. The law also requires employers to make reasonable efforts to provide a room or other location, other than a toilet stall, where an employee can express her milk in privacy. (SB 542). Ill. Rev. Stat. ch. 20 § 2310/55.84 (1997) allows the Department of Public Health to conduct an information campaign for the general public to promote breastfeeding of infants by their mothers. The law allows the department to include the information in a brochure for free distribution to the general public. [P.A. 90-244] Ill. Rev. Stat. ch. 720 § 5/11-9 (1995) clarifies that breastfeeding of infants is not an act of public indecency. (SB 190) |
| Indiana | Ind. Code § 16-35-6 allows a woman to breastfeed her infant anywhere that the law allows her to be. (HB 1510)2008 Ind. Acts, P.L. 13 provides that state and political subdivisions shall provide for reasonable paid breaks for an employee to express breast milk for her infant, make reasonable efforts to provide a room or other location, other than a toilet stall, where the employee can express breast milk in private and make reasonable efforts to provide for a refrigerator to keep breast milk that has been expressed. The law also provides that employers with more than 25 employees must provide a private location, other than a toilet stall, where an employee can express the employee’s breast milk in private and if possible to provide a refrigerator for storing breast milk that has been expressed. (2008 SB 219) |
| Iowa | Iowa Code § 607A.5 (1994) allows a woman to be excused from jury service if she submits written documentation verifying, to the court’s satisfaction, that she is the mother of a breastfed child and is responsible for the daily care of the child.Iowa Code § 135.30A (2002) a woman may breast-feed the woman’s own child in any public place where the woman’s presence is otherwise authorized. |
| Kansas | Kan. Stat. Ann. § 43-158 (2005, 2006) and § 65-1,248 provide that it is the public policy of Kansas that a mother’s choice to breastfeed should be supported and encouraged to the greatest extent possible and that a mother may breastfeed in any place she has a right to be. Amended in 2006 to excuse nursing mothers from jury duty. (H.B. 2284) |
| Kentucky | Ky. Rev. Stat. § 211-755 (2006) permits a mother to breastfeed her baby or express breast milk in any public or private location. Requires that breastfeeding may not be considered an act of public indecency, indecent exposure, sexual conduct, lewd touching or obscenity. Prohibits a municipality from enacting an ordinance that prohibits or restricts breastfeeding in a public or private place. (SB 106)Ky. Rev. Stat. § 29A.100 (2007) directs judges at all levels of the court to excuse women who are breastfeeding or expressing breast milk from jury service until the child is no longer nursing. (S.B. 111) |
| Louisiana | La. House Concurrent Resolution 35 (2002) establishes a joint study of requiring insurance coverage for outpatient lactation support for new mothers.La. Rev. Stat. Ann. § 51. 2247.1 (2001) states that a mother may breastfeed her baby in any place of public accommodation, resort, or amusement, and clarifies that breastfeeding is not a violation of law. (HB 377)
La. Rev. Stat. Ann. § 46. 1409 B 5 prohibits any child care facility from discriminating against breastfed babies. (HB 233) |
| Maine | Me. Rev. Stat. Ann. tit. 5, § 4634 (2001) amends the Maine Human Rights Act to declare that a mother has the right to breastfeed her baby in any location, whether public or private, as long as she is otherwise authorized to be in that location. [Public Law No. 206; LD 1396] |
| Maryland | Md. Health-General Code Ann. § 20-801 (2003) permits a woman to breastfeed her infant in any public or private place and prohibits anyone from restricting or limiting this right. (SB223)Md. Tax-General Code Ann. § 11-211 exempts the sale of tangible personal property that is manufactured for the purpose of initiating, supporting or sustaining breastfeeding from the sales and use tax. |
| Massachusetts | |
| Michigan | Mich. Comp. Laws § 41.181,67.1aa and § 117.4i et seq. (1994) states that public nudity laws do not apply to a woman breastfeeding a child. |
| Minnesota | Minn. Laws, Chap. 269 (2000) allows a nursing mother, upon request, to be excused from jury service if she is not employed outside of her home and if she is responsible for the daily care of the child. (HF 1865)Minn. Stat. § 181.939 (1998) requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the work place for this activity. (SB 2751)
Minn. Stat. § 145.905 provides that a mother may breastfeed in any location, public or private, where the mother and child are authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding. Minn. Stat. Ann. § 145.894 directs the state commissioner of health to develop and implement a public education program promoting the provisions of the Maternal and Child Nutrition Act. The education programs must include a campaign to promote breast feeding. Minn. Stat. Ann. § 617.23 specifies that breast-feeding does not constitute indecent exposure. |
| Mississippi | Miss. Code Ann. Ch. 5 § 13-5-23 (2006) provides that breast-feeding mothers may be excused from serving as jurors.Miss. Code Ann. § 17-25-7/9 (2006) prohibits any ordinance restricting a woman’s right to breastfeed and provides that a mother may breastfeed her child in any location she is otherwise authorized to be. (S.B. 2419)
Miss. Code Ann. § 43-20-31 (2006) requires licensed child care facilities to provide breast-feeding mothers with a sanitary place that is not a toilet stall to breast-feed their children or express milk, to provide a refrigerator to store expressed milk, to train staff in the safe and proper storage and handling of human milk, and to display breast-feeding promotion information to the clients of the facility. Miss. Code Ann. Ch. 1 § 71-1-55 (2006) prohibits against discrimination towards breast-feeding mothers who use lawful break-time to express milk. Miss. Code Ann. Ch. 29 § 97-29-31 (2006) and Ch. 35 § 97-35-7et seq. (2006) specifies that a woman breastfeeding may not be considered an act of indecent exposure, disorderly conduct, or disturbance of the public space. |
| Missouri | Mo. Rev. Stat. § 191.915 (1999) requires hospitals and ambulatory surgical centers to provide new mothers with a breastfeeding consultation or information on breastfeeding, the benefits to the child and information on local breastfeeding support groups. The law requires physicians who provide obstetrical or gynecological consultation to inform patients about the postnatal benefits of breastfeeding. The law requires the Department of Health to provide and distribute written information on breastfeeding and the health benefits to the child. (SB 8)Mo. Rev. Stat. § 191.918 (1999) allows a mother, with as much discretion as possible, to breastfeed her child in any public or private location. |
| Montana | Mont. Code Ann. § 50-19-501 (1999) states that the breastfeeding of a child in any location, public or private, where the mother otherwise has a right to be is legal and cannot be considered a nuisance, indecent exposure, sexual conduct, or obscenity. (SB 398)Mont. Code Ann. § 39-2-215 et seq. specifies that employers must not discriminate against breastfeeding mothers and must encourage and accommodate breastfeeding. Requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the work place for this activity. |
| Nebraska | Neb. Rev. Stat. §25-1601-4 (2004) states that a nursing mother is excused from jury duty until she is no longer breastfeeding and that the nursing mother must file a qualification form supported by a certificate from her physician requesting exemption. |
| Nevada | Nev. Rev. Stat. § 201.232, § 201.210, and § 201.220 (1995) state that the breastfeeding of a child in any location, public or private, is not considered a violation of indecent exposure laws. (SB 317) |
| New Hampshire | N.H. Rev. Stat. Ann. § 132:10-d and § 121:1 et seq. (1999) state that breastfeeding does not constitute indecent exposure and that limiting or restricting a mother’s right to breastfeed is discriminatory. [HB 441] |
| New Jersey | N.J. Rev. Stat. § 26:4B-4/ 5 (1997) entitles a mother to breastfeed her baby in any location, including public accommodations, resorts or amusement parks. Failure to comply with the law may result in a fine. |
| New Mexico | N.M. Stat. Ann. § 28-20-1 (1999) permits a mother to breastfeed her child in any public or private location where she is otherwise authorized to be. (SB 545)N.M. Stat. Ann. § 28-20-8 (2007) requires employers to provide a clean, private place, not a bathroom, for employees who are breastfeeding to pump. Also requires that the employee be given breaks to express milk, but does not require that she be paid for this time. |
| New York | N.Y. Labor Law § 206-c (2007) states that employers must allow breastfeeding mothers reasonable, unpaid break times to express milk and make a reasonable attempt to provide a private location for her to do so. Prohibits discrimination against breastfeeding mothers.N.Y. Civil Rights Law § 79-e (1994) permits a mother to breastfeed her child in any public or private location. (SB 3999)
N.Y. Penal Law § 245.01 et seq. excludes breastfeeding of infants from exposure offenses. N.Y. Public Health Law § 2505 provides that the Maternal and Child Health commissioner has the power to adopt regulations and guidelines including, but not limited to donor standards, methods of collection, and standards for storage and distribution of human breast milk. |
| North Carolina | N.C. Gen. Stat. § 14-190.9 (1993) states that a woman is allowed to breastfeed in any public or private location, and that she is not in violation of indecent exposure laws. (HB 1143) |
| North Dakota | |
| Ohio | Ohio Rev. Code Ann. § 3781.55 (2005) provides that a mother is entitled to breastfeed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted. (SB 41) |
| Oklahoma | Okla. Stat. tit. 40 § 435 (2006) requires that an employer provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for her child. Requires the Department of Health to issue periodic reports on breastfeeding rates, complaints received and benefits reported by both working breastfeeding mothers and employers. (HB 2358)Okla. Stat. tit. 38, § 28 and tit. 63, § 1-234 (2004) allow a mother to breastfeed her child in any location that she is authorized to be and exempts her from the crimes and punishments listed in the penal code of the state of Oklahoma. Additionally, mothers who are breastfeeding can request to be exempt from service as jurors. (HB 2102) |
| Oregon | Or. Rev. Stat. § 109.001 (1999) allows a woman to breastfeed in a public place. (SB 744)Or. Rev. Stat. § 10.050 (1999) excuses a woman from acting as a juror if the woman is breastfeeding a child. A request from the woman must be made in writing. (SB 1304)
Or. Rev. Stat. § 653.075, § 653.077 and § 653.256 (2007) allow women to have unpaid 30 minute breaks during each four hour shift to breastfeed or pump. Allows certain exemptions for employers. (H.B. 2372) |
| Pennsylvania | Pa. Cons. Stat. tit. 35 § 636.1 et seq. (2007) allows mothers to breastfeed in public without penalty. Breastfeeding may not be considered a nuisance, obscenity or indecent exposure under this law. (SB34) |
| Puerto Rico | 1 L.P.R.A. § 5165 declares August as “Breastfeeding Awareness Month” and the first week of August as “World Breastfeeding Week” in Puerto Rico.3 L.P.R.A. § 1466 and 29 L.P.R.A. § 478a et seq. provide that breastfeeding mothers have the opportunity to breastfeed their babies for half an hour within the full-time working day for a maximum duration of 12 months.
23 L.P.R.A. § 5165 directs the Regulations and Permits Administration to adopt regulations, which shall provide that in shopping malls, airports, ports and public service government centers there shall be accessible areas designed for breastfeeding and diaper changing that are not bathrooms. 34 L.P.R.A. § 1735h states that any woman breastfeeding her child under 24 months old and who presents a medical attestation to such fact is exempt from serving as a juror. |
| Rhode Island | R.I. Gen. Laws § 23-13.2-1 (2003) requires employers to provide a safe private place for an employee to breastfeed her child and express breast milk. (HB 5507/SB 151)R.I. Gen. Laws § 11-45-1 (1998) excludes mothers engaged in breastfeeding from disorderly conduct laws. (HB 8103, SB 2319) |
| South Carolina | S.C. Code Ann. § 20-7-97 (2005) provides that a woman may breastfeed her child in any location where the mother is authorized and that the act of breastfeeding is not considered indecent exposure. |
| South Dakota | S.D. Codified Laws Ann. § 22-22-24.1 (2002) and 22-24A-2 (2002) exempt mothers who are breastfeeding from indecency laws. |
| Tennessee | Tenn. Code Ann. § 68-58-101 et seq. (2006) permits a mother to breastfeed an infant 12 months or younger in any location, public or private, that the mother is authorized to be, and prohibits local governments from criminalizing or restricting breastfeeding. Specifies that the act of breastfeeding shall not be considered public indecency as defined by § 39-13-511; or nudity, obscene, or sexual conduct as defined in § 39-17-901. (H.B. 3582)Tenn. Code Ann. § 50-1-305 (1999) requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the work place for this activity. (SB 1856) |
| Texas | Tex. Health Code Ann. § 161.071 (2001) requires the Department of Health to establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. (HB 391)Tex. Health Code Ann. § 165.001 et seq. and § 165.031 et seq. (1995) authorize a woman to breastfeed her child in any location and provides for the use of a “mother-friendly” designation for employers who have policies supporting work site breastfeeding. (HB 340, HB 359) |
| U.S. Virgin Islands | 14 V.I.C. § 1022 specifies that a woman’s breastfeeding a child in any public or private location where the woman’s presence is otherwise authorized does not under any circumstance constitute obscene or indecent conduct. |
| Utah | Utah Code Ann. § 17-15-25 (1995) states that city and county governing bodies may not inhibit a woman’s right to breastfeed in public.Utah Code Ann. § 76-10-1229.5 (1995) states that a breastfeeding woman is not in violation of any obscene or indecent exposure laws. (H.B. 262) |
| Vermont | Vt. Stat. Ann. tit. 9 § 4502 (2002) states that breastfeeding should be encouraged in the interest of enhancing maternal, child and family health. The law provides that a mother may breastfeed her child in any place of public accommodation in which the mother and child would otherwise have a legal right to be. The law directs the human rights commission to develop and distribute materials that provide information regarding a woman’s legal right to breastfeed her child in a place of public accommodation. (S.B. 156) |
| Virginia | Va. Code § 2.2-1147.1 (2002) guarantees a woman the right to breastfeed her child on any property owned, leased or controlled by the state. The bill also stipulates that childbirth and related medical conditions specified in the Virginia Human Rights Act include activities of lactation, including breastfeeding and expression of milk by a mother for her child. (H.B. 1264)
Va. House Joint Resolution 145 (2002) encourages employers to recognize the benefits of breastfeeding and to provide unpaid break time and appropriate space for employees to breastfeed or express milk. Va. Code Ann. § 18.2-387 (1994) exempts mothers engaged in breastfeeding from indecent exposure laws. Va. Code Ann. § 8.01-341.1 (2005) provides that a mother who is breastfeeding a child may be exempted from jury duty upon her request. The mother need not be “necessarily and personally responsible for a child or children 16 years of age or younger requiring continuous care during normal court hours” as the existing statute provides. |
| Washington | Wash. Rev. Code § 9A.88.010 (2001) states that the act of breastfeeding or expressing breast milk is not indecent exposure. (HB 1590)Wash. Rev. Code § 43.70.640 (2001) allows any employer, governmental and private, to use the designation of “infant-friendly” on its promotional materials if the employer follows certain requirements. [Chap. 88] |
| West Virginia | |
| Wisconsin | Wis. Stat. § 944.17(3), § 944.20(2) and § 948.10(2) (1995) provides that breastfeeding mothers are not in violation of criminal statutes of indecent or obscene exposure. (AB 154) |
| Wyoming | Wyo. House Joint Resolution 5 (2003) encourages breastfeeding and recognizes the importance of breastfeeding to maternal and child health. The resolution also commends employers, both in the public and private sectors, who provide accommodations for breastfeeding mothers.Wyo. Stat. § 6-4-201 (2007) exempts breastfeeding mothers from public indecency laws and gives breastfeeding women the right to nurse anyplace that they otherwise have a right to be. (H.B. 105) |
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