Order Code RL31633
CRS Report for Congress
Received through the CRS Web
Summary of State Breastfeeding Laws
Updated July 23, 2003
Douglas Reid Weimer
Legislative Attorney
American Law Division
Congressional Research Service ˜ The Library of Congress

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Summary of State Breastfeeding Laws
Summary
The practice of breastfeeding has expanded in recent years. Various legal issues
have accompanied this development. The primary legal issues concern: 1) the ability
of working mothers to breastfeed their children and/or to express milk during
working hours; and 2) the nursing and/or expression of milk in public or semi-public
places such as restaurants, public transportation facilities, and other locations where
the public is present. Certain states have enacted legislation addressing breastfeeding
in the workplace and exempting nursing mothers from laws dealing with indecent
exposure and/or criminal behavior. Some states have enacted laws that excuse
nursing mothers from jury service. State laws vary considerably in their scope and
coverage. This report summarizes the various state laws concerning breastfeeding.
The current federal legislative proposals concerning breastfeeding are briefly
examined in the report.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Development of State Breastfeeding Laws, 1993 to the Present Day . . . . . . 1
Federal Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Purpose of the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Summary of State Breastfeeding Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Alaska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Connecticut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Delaware . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Florida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Hawaii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Idaho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Indiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Louisiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Maine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Maryland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Michigan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Montana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
New Hampshire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
New Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Oregon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Rhode Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Tennessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Utah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Vermont . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Virginia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Wyoming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Pending Federal Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
List of Tables
Comparative Chart of Existing State Breastfeeding Legislation . . . . . . . . . . . . . 13

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Summary of State Breastfeeding Laws
Introduction
One of the stated objectives of the U.S. Public Health Service, as outlined in its
report Healthy People 2010, is to increase the proportion of mothers who breastfeed
their children.1 The national objective set forth in the report is to strive for a 75%
participation rate of nursing mothers in the early postpartum period, a 50%
participation rate of nursing mothers in the period after the infant reaches six months
of age, and a 25% participation rate of nursing mothers at the age of one year.
Research has indicated that the special composition of human milk enhances
cognitive and visual development and lowers the risk and severity of a variety of
acute childhood illnesses and chronic diseases, including diarrhea, lower respiratory
infection, otitis media, bacteremia, bacterial meningitis, urinary tract infection,
necrotizing enterocolitis, lymphoma, and digestive diseases.2 Research has also
demonstrated health benefits to mothers who breastfeed, such as reduced risk of
breast and ovarian cancer and osteoporosis.3

Because of the growing incidence of women in the workforce, certain issues
have arisen concerning working mothers and breastfeeding. It may be necessary for
a working mother to express4 milk during working hours, and/or to breastfeed her
child during working hours. Other issues concern the nursing and/or expression of
milk in public or semi-public places such as restaurants, public transportation
facilities, and other locations where the public is present.
Development of State Breastfeeding Laws,
1993 to the Present Day
As breastfeeding has become more common, various legal concerns have arisen
such as whether certain state decency laws and other laws concerning public nudity
and exposure might be inappropriately applied against nursing mothers in public
and/or semi-public places. Because of these concerns, a wide range of state laws
have been enacted to deal with issues involving various aspects of breastfeeding.
1 Healthy People 2010, Washington, DC: U.S. Department of Health and Human Services,
Public Health Service (2000).
2 See American Academy of Pediatrics homepage at [http://www.aap.org/advocacy/bf/
brhist.htm].
3 Id.
4 A nursing mother “expresses” or extracts breast milk through a vacuum pump device for
later feeding to the child.

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CRS-2
The first state to enact comprehensive breastfeeding legislation was Florida in 1993.5
This legislation removed breastfeeding from the criminal statutes and created a new
law that stated that breastfeeding was an important and basic act of nature that
needed to be encouraged in the interests of maternal and child health. The law
provided that a woman had a right to breastfeed in any place where she had a right
to be. This legislation served as a model for legislation subsequently enacted by
other states. In 1994, Florida enacted the first state legislation that examined the
importance of breastfeeding mothers having the support and cooperation of their
employers when they returned to work.6 While this law did not require all employers
to accommodate nursing mothers (such as providing for a location to lactate), it set
out the reasons why breastfeeding was very important. The law also established a
study to look at the feasability of breastfeeding guidelines for employers.
Most of the state breastfeeding laws permit mothers to breastfeed in any public
or private location and/or provide that breastfeeding does not constitute indecent
exposure or other criminal behavior. Some states have vested nursing mothers with
certain rights, including rights in the workplace. For example, Hawaii prohibits
employers from discriminating against a mother who breastfeeds or expresses milk
at the workplace. Other states exempt nursing mothers from jury service. The
current body of state breastfeeding laws varies from jurisdiction to jurisdiction. At
the current time, thirty-four states have some type of legislation dealing with the
protection and/or the promotion of breastfeeding.
Federal Legislation
Legislation has been introduced in the 108th Congress for the protection of
breastfeeding mothers and for the encouragement of breastfeeding. S. 418, the
Pregnancy Discrimination Act Amendments of 2003, was introduced by Senator
Olympia J. Snowe and would amend the Civil Rights Act of 1964 by adding
provisions dealing with breastfeeding. H.R. 2790, the Breastfeeding Promotion Act,
was introduced by Representative Carolyn B. Maloney and would amend the Civil
Rights Act to protect breastfeeding by new mothers; provide tax incentives for
businesses that establish private lactation areas in the workplace; establish a
performance standard for breast pumps; and allow breastfeeding equipment to be tax
deductible for families.
Purpose of the Report
The purpose of this report is to summarize the various state laws concerning
breastfeeding. Each law is cited and is followed by a brief summary of its provisions.
The report does not cover certain commemorative state legislation relating to
5 1993 Fla. Laws ch. 4, Fla. HB 231. Originally codified at Fla. Stat. § 383.015, §§ 800.02
to 800.04, § 847.001. See below for current codification.
6 1994 Fla. Laws ch. 217, Fla. SB 1668. Codified at Fla. Stat. §§ 383.011, 383.015,
383.016, 383.311, 383.318.

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CRS-3
breastfeeding.7 A chart has been prepared summarizing the existing state
breastfeeding laws and grouping the laws into five categories. Federal legislation
introduced in the 108th Congress is summarized.
Summary of State Breastfeeding Legislation
Alaska
Alaska Stat. § 01.10.060 (Michie 2000) provides that in the laws of the state,
“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.
Alaska Stat. § 29.25.080 (Michie 2000) provides that breastfeeding does not
constitute indecent exposure or other similar offenses in any public or private
location. A municipality, borough, or other local government unit cannot implement
ordinances banning breastfeeding, or making it a violation of a municipal ordinance.
California
Cal. Labor Code § 1030 (West 2002) requires that employers shall provide
break time for an employee to express milk for the employee’s infant child. The
break time, if possible, is to run concurrently with any break time already provided
to an employee.
Cal. Labor Code § 1031 (West 2002) requires that an employer makes
reasonable efforts to provide the employee(s) with a room or a location other than a
toilet stall for the employee to express milk in private.
Cal. Labor Code § 1032 (West 2002) states that an employer is not required to
provide break time if “to do so would seriously disrupt the operations of the
employer.”
Cal. Labor Code § 1033 (West 2002) provides a civil penalty and for the
issuance of a citation by the Labor Commissioner. Violations of these provisions
relating to breastfeeding are not considered misdemeanors.
Cal. Civil Proc. Code § 210.5 (West 2002) permits the mother of a nursing child
to postpone jury duty for one year and explicitly eliminates the requirement for the
mother to have to appear in person to request the postponement. The one-year period
may be extended upon the written request of the mother.
7 For example, states may have enacted legislation designating a certain day as
“Breastfeeding Day.” E.g., Cal. Assembly Con. Res. 95 (1996) proclaimed the week of
August 1 through 7, 1996, as “Breastfeeding Awareness Week.”

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CRS-4
Cal. Health and Safety Code § 1647 (West 2002) provides that the procurement,
processing, distribution, or use of human milk for human consumption constitutes
the rendition of a service.
Cal. Civil Code § 43.3 (West 2002) provides the authority for a mother to
breastfeed her child in any location.
Cal. Health and Safety Code §§ 123360, 123365 (West 2002) mandates the State
Department of Health and Human Services to promote breastfeeding in public health
campaigns and requires hospitals to provide lactation support and consultation to
patients.
Cal. Assembly Con. Res. 155 (1988)8 encourages the state and private employers
to support and encourage the practice of breastfeeding by striving to accommodate
the need of employees, and by ensuring that employees are provided with adequate
facilities for breastfeeding and expressing milk for their children. The governor is
authorized to declare by executive order that all state employees be provided with
adequate facilities for breastfeeding and expressing milk.
Connecticut
Conn. Gen. Stat. Ann. § 31-40w (West 2003) concerns breastfeeding in the
workplace. Employers are required to provide reasonable time and private
accommodations each day to an employee who needs to express breast milk for her
infant child.
Conn. Gen. Stat. Ann. §46a-64(a)(3)(West 2002) forbids resorts and other places
of public accommodations from limiting or restricting a mother’s right to breastfeed.
Conn. Gen. Stat. Ann. §53-34b(West 2001) states that no person may restrict or
limit the right of a mother to breastfeed her child.
Delaware
Del. Code Ann. tit. 31 § 310 (2002) provides that a mother is entitled to
breastfeed her child in any location of a place of public accommodation wherein the
mother is otherwise permitted.
Florida
Fla. Stat. Ann. § 383.011 (West 2002) provides for programs for the
encouragement of breastfeeding.
Fla. Stat. Ann. § 383.015 (West 2002) permits a mother to breastfeed in any
public or private location. A facility may be designated “baby-friendly” if it
establishes a breastfeeding policy.
8 Provision not codified at this time.

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CRS-5
Fla Stat. Ann. § 383.016 (West 2002) authorizes the use of a “baby friendly”
designation for certain facilities supporting breastfeeding.
Fla. Stat. Ann. § 383.311 (West 2002) establishes education and orientation
centers dealing with the encouragement of breastfeeding.
Fla Stat. Ann. § 383.318 (West 2002) establishes birth centers dealing with
instruction in breastfeeding.
Fla. Stat. Ann. § 800.02 (West 2000) exempts breastfeeding from the definition
of an unnatural and lascivious act.
Fla. Stat. Ann. § 800.03 (West 2000) exempts breastfeeding from a statute
dealing with the exposure of sexual organs.
Fla. Stat. Ann. § 800.04(8) (West 2002) exempts breastfeeding from a statute
dealing with lewd or lascivious offenses.
Fla. Stat. Ann. § 827.071 (West 2002) provides that a mother’s breastfeeding of
her baby does not constitute “sexual conduct” within the context of child abuse
statutes.
Fla. Stat. Ann. § 847.001 (West 2002) provides that a mother’s breastfeeding of
her baby is not under any circumstance “harmful to minors.”
Georgia
Ga. Act. No. 922 (S.B. 221)(2002)9 provides that the breastfeeding of a baby is
an important and basic act of nurture which should be encouraged in the interests of
maternal and child health. A mother may breastfeed her baby in any location where
the mother and baby are otherwise authorized to be. The legislation completely
amends existing Ga. Code Ann. § 31-1-9 (2001).
Ga. Code Ann. § 34-1-6 (2001) permits employers to provide reasonable, unpaid
break time for employees to express breast milk and provides that employers may
make reasonable efforts to provide a private location other than a toilet stall for an
employee to express milk.
Hawaii
Hawaii Rev. Stat. Ann. § 378-2 (Michie 2002) provides that it shall be an
unlawful or discriminatory practice for an employer or labor organization to refuse
to hire or discharge from employment, or otherwise penalize a lactating employee
because the employee breastfeeds or expresses milk at the workplace.
Hawaii Rev. Stat. Ann. § 378-10.2 (Michie 2002) provides that no employer
shall prohibit an employee from expressing breastmilk during any meal period or
9 To be codified at Ga. Code Ann. § 31-1-9.

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CRS-6
other break period required by law to be provided by the employer or required by a
collective bargaining agreement.
Hawaii Rev. Stat. Ann. §§ 489.21 to 489.23 (Michie 2002) deals with
breastfeeding in places of public accommodation. § 489.21 provides that it is a
discriminatory practice to deny or attempt to deny public accommodations to a
woman because she is breastfeeding a child. § 489.22 provides that a person injured
by an unlawful discriminatory practice may bring a private cause of action and
provides appropriate remedies. § 489.23 exempts the provisions dealing with
breastfeeding from the purview of the civil rights commission.
Idaho
Idaho Code § 2-209 (Michie 1998) permits a nursing mother to postpone her
jury service until she is no longer breastfeeding. “The court shall provide that a
mother nursing her child shall have service postponed until she is no longer nursing
the child.”
Illinois
820 Ill. Comp. Stat. Ann. §§ 260/1; 260/5; 260/10; 260/15; 260/19 (West 2001)
deals with nursing mothers in the workplace. The employer is required to provide
reasonable break time and private accommodation (other than a toilet stall) each day
to an employee who needs to express breast milk for her infant child.
20 Ill. Comp. Stat. Ann.§ 2310/2310/442 (West 2001) allows the State
Department of Public Health to conduct an educational breastfeeding public
information campaign.
20 Ill. Comp. Stat. Ann. § 1305/10-25 (West 2002) provides that the State
Department of Human Services may include a program of lactation support services
as part of the benefits and services provided for pregnant and breastfeeding
participants in the Women, Infants and Children Nutrition Program. The program
may include payment for various breastfeeding-related supplies.
720 Ill. Comp. Stat. Ann. § 5/11-9 (West 2001) provides that the breastfeeding
of a child is not an act of public indecency.
Indiana
Ind. Code § 16-35-6 (2003) allows a woman to breastfeed her child anywhere
that the law allows her to be.
Iowa
Iowa Code Ann. § 607A.5 (West 2002) permits a mother who is breastfeeding
and who is responsible for the daily care of the child and is not regularly employed
to be excused from serving on a jury.

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CRS-7
Iowa Code Ann. § 135.30A (West 2002) provides that a woman may breastfeed
the woman’s own child in any public or private location where the mother and the
child otherwise are authorized to be present, except the private home or residence of
another if the mother’s breastfeeding is likely to be viewed by and affront the owner
or any occupant of the private home or residence. A mother may breastfeed her child
under this section irrespective of whether the nipple of the mother’s breast is
uncovered during or incidental to the breastfeeding.
Louisiana
2002 La. House Concurrent Resolution 3510 establishes a joint study concerning
the requirement of insurance coverage for outpatient lactation support for new
mothers.
La. Rev. Stat. Ann. 51 § 2247.1 (West 2002) prohibits discrimination against
mothers who breastfeed their babies. Provides 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 the law.
2003 La. Acts 36911 prohibits any child care facility from discriminating against
breastfed babies. Approved by the governor June 18, 2003.
Maine
Me. Rev. Stat. Ann. tit. 5, § 4634 (West 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.
Me. Rev. Stat. Ann. tit. 19-a, § 1653 (West 1999) is intended to protect the health
and well-being of a nursing infant of separated or divorcing parents. The law adds
the situation of whether the mother is breastfeeding an infant under one year of age
to the list of factors that a judge must consider in deciding parental rights and
responsibilities.
Maryland
Md. Code Ann., Tax-Gen.§ 11-211(b)(19)(2002) exempts from the sales tax and
from the use tax on the sale of tangible personal property that is manufactured for the
purpose of initiating, supporting, or sustaining breastfeeding.
2003 Md. Laws ___ (S.B. 223)12 permits a woman to breastfeed her child in any
public or private place under specified circumstances and prohibits restrictions on
breastfeeding.
10 Provision not codified at this time.
11 Id.
12 Id.

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CRS-8
Michigan
Mich. Comp. Laws Ann. §§ 41.181, 67.1, and 117.4i (West 2002) excludes a
woman breastfeeding a baby, whether or not the nipple or areola is exposed during
or incidental to the feeding, from the public nudity laws.
Mich. Comp. Laws Ann. § 727.27a (West 2002) concerns child custody. Among
the factors to be considered for “parenting time” is whether the child is a nursing
child less than six months of age, or less than one year of age if the child receives
substantial nutrition through nursing.
Minnesota
2000 Minn. Laws Ch. 26913 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.
Minn. Stat. Ann. § 181.939 (West 2002) states that an employer must provide
reasonable unpaid break time each day to an employee who needs to express breast
milk for her infant child. The employer must make reasonable effort to provide a
room or other location where the employee can express her milk in privacy and
sanitary conditions.
Minn. Stat. Ann. § 145.905 (West 2002) provides that a mother may breastfeed
in any location, public or private, where the mother and child are otherwise
authorized to be, irrespective of whether the nipple of the mother’s breast is
uncovered during or incidental to the breastfeeding.
Missouri
Mo. Ann. Stat. §§ 191.915 and 191.918 (West 2002) allows mothers to
breastfeed, with “appropriate discretion,” in any private or public location. Also
establishes that all ambulatory surgical centers and hospitals providing obstetrical
care are to give new mothers, where appropriate, information on breastfeeding. All
obstetrical or gynecological physicians, after January 1, 2000, must give patients
information on breastfeeding.
Montana
Mont. Code Ann. § 50-19-501 (2002) provides that the breastfeeding of a child
in any location, public or private, cannot be considered a nuisance, indecent
exposure, sexual conduct, or obscenity.
13 Id.

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Nevada
Nev. Rev. Stat. Ann. § 201.210 (Michie 2001) provides that the breastfeeding of
a child by the mother of the child does not constitute an act of open or gross
lewdness.
Nev. Rev. Stat. Ann. § 201.220 (Michie 2001) provides that the breastfeeding of
a child by the mother of the child does not constitute an act of open and indecent or
obscene exposure of her body.
Nev. Rev. Stat. Ann. § 201.232 (Michie 2002) allows a mother to breastfeed her
child in any location where the mother is otherwise authorized to be, irrespective of
whether the nipple of the mother’s breast is uncovered during or incidental to the
breastfeeding.
New Hampshire
N.H. Rev. Stat. Ann. § 132:10-d (2002) states that breastfeeding a child does not
constitute an act of indecent exposure. It also notes that restricting or limiting the
right of a mother to breastfeed her child is discriminatory.
New Jersey
N.J.Rev. Stat. Ann. § 26:4B-4 (2002) is a law that guarantees a mother the right
to breastfeed her baby in any location of a place of public accommodation, resort, or
amusement wherein the mother is otherwise permitted. Provides for civil penalties
(fines) for violating this law.
New Mexico
N.M. Stat. Ann. 28-20-1 (Michie 2002) states that a mother may breastfeed her
child wherever she is authorized to be.
New York
N.Y. Civil Rights Law § 79-e (McKinney 2002) guarantees a mother the right to
breastfeed her baby any place she has the right to be, public or private, even if the
nipple is exposed during or incidental to breastfeeding.
N.Y. Corrections Law § 611 (McKinney 2002) provides that when a woman is
committed to a correctional institution and gives birth or is nursing a child in her care
under one year of age, the child may accompany/remain with her in the institution.
N.Y. Penal Law §§ 245.01, 245.02 (McKinney 2002) exempts breastfeeding
from laws governing indecent exposure and from laws prohibiting the promotion of
indecent exposure.

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North Carolina
N.C. Gen. Stat. § 14-190.9 (1999) states that a breastfeeding mother is not in
violation of indecent exposure laws at any time.
Oregon
Or. Rev. Stat, § 109.001 (1999) allows a woman to breastfeed in a public place.
Or. Rev. Stat. §§ 10.050 (1999) permits a breastfeeding woman to be excused
from acting as a juror, upon the approval of a written request.
Rhode Island
R.I. Gen. Laws § 23-72-1 (2001) guarantees that Department of Health notices
on the consumption of fish contaminated with mercury are made available to
consumers and explain the dangers to women who expect to be pregnant, are
pregnant, or are breastfeeding.
R.I. Gen. Laws § 11-45-1 (2000) excludes mothers engaged in breastfeeding
from disorderly conduct laws.
Tennessee
Tenn. Code Ann. § 50-1-305 (1999) requires employers to provide reasonable,
unpaid break time to an employee to express breast milk and allows employers to
provide a room or other private location, other than a toilet stall, for an employee to
express breast milk.
Texas
Tex. Health & Safety Code Ann. § 161.071 (Vernon 2002) relates to the
provision of donor human milk to certain infants under the medical assistance
program.
Tex. Health & Safety Code Ann. § 165.001 et seq. (Vernon 2001) authorizes 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 worksite
breastfeeding.
Utah
Utah Code Ann. § 17-15-25 (1999) 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 (1999) states that a breastfeeding woman is not
in violation of any obscene or indecent exposure law.

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CRS-11
Utah Code Ann. § 76-9-702 (2002) provides that a woman’s breastfeeding in
any location where the woman otherwise may rightfully be, does not under any
circumstance constitute a lewd or grossly lewd act, irrespective of whether or not the
breast is covered during or incidental to feeding.
Utah Code Ann. § 10-8-41 (1999) provides that a woman’s breastfeeding,
including breastfeeding in any place where the woman otherwise may rightfully be,
does not under any circumstance constitute an obscene or lewd act, irrespective of
whether or not the breast is covered during or incidental to feeding.
Utah Code Ann. § 10-8-51 (1999) provides that a woman’s breastfeeding,
including breastfeeding in any location where she otherwise may rightfully be, does
not under any circumstance constitute a lewd or indecent act, irrespective of whether
or not the breast is covered during or incidental to feeding.
Vermont
Vt. Stat. Ann. tit. 9, § 4502(j)(2002) states that breastfeeding a child is an
important, basic and natural act of nurture that should be encouraged in the interest
of enhancing maternal, child, and family health. The law allows a mother to
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 and to provide information regarding
a woman’s legal right to breastfeed her child in a place of public accommodation.
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.
Va. Code § 18.2-387 (1996) exempts breastfeeding a child in any public place
or place where others are present from indecent exposure statute.
Va. Joint Resolution # 248 (1994)14 requests the Department of Medical
Assistance Services to review breastfeeding issues, including lactation education and
supplies for Medicaid recipients. Also set forth are the benefits of breastfeeding.
H.J.Res. 145 (2002)15 encourages employers to recognize the benefits of
breastfeeding and to provide unpaid break time and appropriate space for employees
to breastfeed or express milk.
Washington
Wash. Rev. Code Ann. § 9A.88.010 (2002) provides that the act of breastfeeding
or expressing breast milk is not indecent exposure.
14 Apparently, this resolution is not codified in the Virginia Code.
15 Provision not codified at this time.

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CRS-12
Wash. Rev. Code Ann. § 43.70.640 (West 2002) exempts breastfeeding from
indecent exposure provisions. It also provides for employer/infant friendly
promotions relating to work places with facilities conducive to breastfeeding infants.
Wisconsin
Wisc. Stat. Ann. §§ 944.17(3), 944.20(2) and 948.10(2) (West 2001) provides
that breastfeeding mothers are not in violation of criminal statutes of indecent or
obscene exposure.
Wyoming
2003 Wy. H.J.R. 5 16 (signed by the governor on February 21, 2003) encourages
breastfeeding and recognizes the importance of breastfeeding to maternal and child
health. The resolution commends public and private employers who provide
accommodations for breastfeeding mothers.
16 Id.

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CRS-13
Comparative Chart of Existing State Breastfeeding Legislation
Implemented or
encouraged
Mothers
development of a
permitted to
Breastfeeding
Laws exempting
breastfeeding
breastfeed in any
exempted from
Laws relating to
breastfeeding
awareness
public or private
public indecency
breastfeeding in
mothers from
education
States
No Legislation
location
laws
the workplace
jury duty
campaign
ALABAMA
X
ALASKA
X
ARIZONA
X
ARKANSAS
X
CALIFORNIA
X
X
X
X
COLORADO
X
CONNECTICUT
X
X
DELAWARE
X
DISTRICT OF
X
COLUMBIA
FLORIDA
X
X
GEORGIA
X
X
HAWAII
X
X
IDAHO
X

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CRS-14
Implemented or
encouraged
Mothers
development of a
permitted to
Breastfeeding
Laws exempting
breastfeeding
breastfeed in any
exempted from
Laws relating to
breastfeeding
awareness
public or private
public indecency
breastfeeding in
mothers from
education
States
No Legislation
location
laws
the workplace
jury duty
campaign
ILLINOIS
X
X
X
INDIANA
X
IOWA
X
KANSAS
X
KENTUCKY
X
LOUISIANA
X
MAINE
X
MARYLAND
X
MASSACHUSETTS
X
MICHIGAN
X
MINNESOTA
X
X
X
MISSISSIPPI
MISSOURI
X
X
MONTANA
X

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CRS-15
Implemented or
encouraged
Mothers
development of a
permitted to
Breastfeeding
Laws exempting
breastfeeding
breastfeed in any
exempted from
Laws relating to
breastfeeding
awareness
public or private
public indecency
breastfeeding in
mothers from
education
States
No Legislation
location
laws
the workplace
jury duty
campaign
NEBRASKA
X
NEVADA
X
NEW HAMPSHIRE
X
NEW JERSEY
X
NEW MEXICO
X
NEW YORK
X
NORTH
X
X
CAROLINA
NORTH DAKOTA
X
OHIO
X
OKLAHOMA
X
OREGON
X
X
PENNSYLVANIA
X
RHODE ISLAND
X

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CRS-16
Implemented or
encouraged
Mothers
development of a
permitted to
Breastfeeding
Laws exempting
breastfeeding
breastfeed in any
exempted from
Laws relating to
breastfeeding
awareness
public or private
public indecency
breastfeeding in
mothers from
education
States
No Legislation
location
laws
the workplace
jury duty
campaign
SOUTH
X
CAROLINA
SOUTH DAKOTA
X
TENNESSEE
X
TEXAS
X
X
UTAH
X
VERMONT
X
X
VIRGINIA
X
X
WASHINGTON
X
X
WEST VIRGINIA
X
WISCONSIN
X
WYOMING–the
See note at left.
breastfeeding law of
Wyoming does not fit
into any of these
categories.

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CRS-17
Pending Federal Legislation
In the 108th Congress, two bills have been introduced dealing with
breastfeeding, S. 418 and H.R. 2790.
S. 418,17 the proposed “Pregnancy Discrimination Act Amendments of 2001,”
was introduced by Senator Olympia J. Snowe on February 14, 2003.18 The bill would
amend Section 701(k) of the Civil Rights Act of 196419 by inserting the term
“breastfeeding” after the term “childbirth,” and by adding at the end, a new section
which would state: “In this subsection, the term ‘breastfeeding’ means the feeding
of a child directly from the breast or the expression of milk from the breast by a
lactating woman.” The practical effect of these amendments would appear to include
breastfeeding (including the expression of milk) within the definitions of “because
of sex” and “on the basis of sex” for the purposes of the discrimination prohibitions
of the Act.
On February 14, 2003, the bill was referred to the Senate Committee on Health,
Education, Labor, and Pensions. At the present time, the bill has not emerged from
Committee consideration.
H.R. 2790,20 the proposed “Breastfeeding Promotion Act,” was introduced by
Representative Carolyn B. Maloney on July 18, 2003.21 The bill would provide an
amendment to the Civil Rights Act of 1964 (“Act”) to include lactation (including
expression of milk) within the definitions of “because of sex” or “on the basis of sex”
for the purposes of the Act. The bill would amend the Internal Revenue Code (IRC)
to allow a limited credit to employers for expenses incurred in enabling employed
nursing mothers to breastfeed. The bill would also direct the Secretary of Health and
Human Services to: 1) put into effect a performance standard for breast pumps
irrespective of the class to which the breast pumps have been classified under the
Federal Food, Drug, and Cosmetic Act; and 2) issue a compliance policy which
would assure that women who want to breastfeed a child are given full and complete
information respecting breast pumps. The bill would expand the IRC definition of
medical care so as to include qualified breastfeeding equipment and services.
On July 18, 2003, the bill was referred to the House Ways and Means
Committee, the House Education and Workforce Committee, and the House Energy
and Commerce Committee.
17 108th Cong., 1st Sess. (2003).
18 The provisions of S. 418 are substantially similar to the provisions of S. 256, 107th Cong.,
1st Sess. (2001). S. 256 was introduced on February 6, 2001, and on the same day was
referred to the Senate Health, Education, Labor and Pensions Committee. S. 256 did not
emerge from Committee consideration.
19 42 U.S.C. § 2000e(k).
20 108th Cong., 1st Sess. (2003).
21 The provisions of the bill are similar to those of H.R. 285, 107th Cong., 1st Sess. (2001)
which was introduced by Representative Maloney on January 30, 2001. H.R. 285 did not
emerge from Committee consideration.

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CRS-18
Conclusion
In recent years, there has been an expansion in the practice of breastfeeding. As
a consequence of this growing trend, 34 states have enacted legislation associated
with breastfeeding. The laws vary considerably in their scope and in their coverage.
However, these state laws may be generally classified into five broad categories.
Nineteen states permit mothers to breastfeed in any public or private location where
the mother is legally entitled to be: California, Connecticut, Delaware, Florida,
Georgia, Hawaii, Indiana, Louisiana, Maine, Maryland, Missouri, New Jersey, New
Mexico, New York, North Carolina, Oregon, Texas, Vermont, and Virginia.
Thirteen states exempt breastfeeding from public indecency laws: Alaska, Florida,
Illinois, Michigan, Montana, Nevada, New Hampshire, North Carolina, Rhode
Island, Utah, Virginia, Washington, and Wisconsin. Nine states have laws related
to breastfeeding in the workplace: California, Connecticut, Georgia, Hawaii, Illinois,
Minnesota, Tennessee, Texas, and Washington. Five states exempt breastfeeding
mothers from jury duty: California, Idaho, Iowa, Minnesota, and Oregon. Four states
have implemented or encouraged the development of a breastfeeding awareness
education campaign: California, Illinois, Missouri, and Vermont.
Federal legislation relating to breastfeeding has been introduced in the 108th
Congress. Both S. 418 and H.R. 2790 would amend the Civil Rights Act of 1964 to
protect breastfeeding by new mothers. In addition, H.R. 2790 would provide for a
performance standard for breast pumps and would provide tax incentives to
encourage employers to permit breastfeeding. Neither bill has emerged from
Committee consideration at this time.

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