Summary of State Breastfeeding Laws and Related Issues

CRS Report for Congress
Summary of State
Breastfeeding Laws
and Related Issues
Updated May 19, 2005
Douglas Reid Weimer
Legislative Attorney
American Law Division

Congressional Research Service ˜ The Library of Congress

Summary of State Breastfeeding Laws and Related
Issues
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) nursing and/or the 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 which excuse
nursing mothers from jury service. State laws vary considerably in their scope and
coverage. This report summarizes the various state laws concerning breastfeeding.

Contents
In troduction ......................................................1
Summary of State Breastfeeding Legislation.............................4
Alaska ......................................................5
California ....................................................5
Colorado .....................................................6
Connecticut ..................................................6
Delaware ....................................................6
Florida ......................................................6
Georgia ......................................................7
Hawaii ......................................................7
Idaho........................................................8
Illinois ......................................................8
Indiana ......................................................9
Iowa ........................................................9
Louisiana ....................................................9
Maine ......................................................10
Maryland ...................................................10
Michigan ...................................................10
Minnesota ...................................................10
Missouri ....................................................11
Montana ....................................................11
Nebraska ...................................................11
Nevada .....................................................11
New Hampshire..............................................12
New Jersey..................................................12
New Mexico.................................................12
New York...................................................12
North Carolina...............................................12
Oklahoma ...................................................12
Oregon .....................................................13
Puerto Rico..................................................13
Rhode Island................................................13
South Dakota................................................13
Tennessee ...................................................13
Texas ......................................................14
Utah .......................................................14
Vermont ....................................................14
Virginia ....................................................15
Washington .................................................15
Wisconsin ...................................................15
Wyoming ...................................................15
Conclusion ..................................................21

Comparative Chart of Existing State Breastfeeding Legislation.............17

Summary of State Breastfeeding Laws and
Related Issues
Introduction¹
One of the stated objectives of the U.S. Public Health Service, as outlined in
their report Healthy People 2010, is to increase the proportion of mothers who²
breastfeed their children. 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. Many
health care professionals encourage breastfeeding as the optimal form of nutrition for
infants for at least the first six months of life.³ It has been reported that in 2000,
more than 68 percent of mothers were breastfeeding their infants immediately after
delivery, and it is reported that the number of nursing mothers is increasing.⁴
Breastfeeding is generally considered to be beneficial to both mother and child.⁵
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,⁶
necrotizing enterocolitis, lymphoma, and digestive diseases. Research has also
demonstrated health benefits to mothers who breastfeed, such as reduced risk of⁷
breast and ovarian cancer and osteoporosis. The American Academy of Pediatrics
and the American Dietetic Association have reported that breastfeeding may reduce

¹ See CRS Report RL32002, Breast-feeding: Impact on Health, Employment and Society by
Donna V. Porter (July 18, 2003).
² Healthy People 2010, Washington, DC: U.S. Department of Health and Human Services,
Public Health Service (2000).
³ Leah Oliver and Hy G.A. Park, Maternal and Child Health, A Snapshot for State
Legislatures 19 (2004)(cited to afterward as “Maternal and Child Health”).
⁴ Id.
⁵ See generally the websites for the Center for Disease Control:
[http://www.cdc.gov/breastfeeding] and the National Women’s Health Information Centers’
Resources on Breastfeeding: [http://www.4woman.gov/breastfeeding].
⁶ See American Academy of Pediatrics homepage at
[ http://www.aap.org/advoc acy/bf/brhist.htm] .
⁷ Id.

health care costs and employee absenteeism for care which is attributable to child
illness.⁸ It has been reported that breastfeeding may be economically beneficial.⁹
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 express¹⁰ milk during working hours, and/or to breastfeed her
child during working hours. Other issues concern nursing and/or the expression of
milk in public or semi-public places such as restaurants, public transportation
facilities, and other locations where the public is present. Various states have enacted
legislation and/or adopted court rules relating to nursing mothers and jury duty.¹¹
Over the years Congress has also considered legislation concerning the rights of
breastfeeding mothers.¹² In the 109^th Congress, H.R. 2122, the proposed Pregnancy
Discrimination Act Amendments of 2005, was introduced on May 5, 2005.¹³
Nursing mothers have asserted rights in a variety of lawsuits–under a number
of legal theories, some successful¹⁴--but the centrality of state breastfeeding laws in
defining legal protection is evident. For example, a recent case focused on whether
a store could ban a mother from nursing her child in public (in its large store).¹⁵ The
lower court granted summary judgment in favor of the store,¹⁶ and the plaintiff
mothers and infants appealed. The court of appeals found that a store’s ban on
breastfeeding was not sex discrimination in violation of either the state’s public

⁸ Maternal and Child Health at 19.
⁹ Id. It has been reported that formula (for one child) may cost $800 per year. A Kaiser
Permanente study (1995) concluded that infants who were breastfeed for a minimum of six
months experienced $1,435 less health care claims than formula fed infants in the first year
of life.
¹⁰ A nursing mother “expresses” or extracts breast milk through a vacuum pump device for
later feeding to the child.
¹¹ See CRS Report RL32928, Breastfeeding and Jury Duty: State Laws, Court Rules, and
Related Issues by Douglas Reid Weimer (May 17, 2005).
¹² See CRS Report RL32908, Breastfeeding: Federal Legislation by Douglas Reid Weimer
(May 5, 2005).
¹³ Id.
¹⁴ For example, a Borders bookstore employee requested a nursing mother to leave. Later,
the company privately settled a lawsuit with the mother and affirmed that nursing mothers
were welcome in their stores worldwide. Betsy Hart, And Now, Breast-Feeding Rights?,
Scripps Howard News Service (April 4, 2002). Hilary Von Rohr, Note, Access to Justice:
The Social Responsibility of Lawyers: Recent Development: Lactation Litigation and the
ADA Solution: A Response to Martinez v. NBC, 4 Wash. U.J.L. & Pol’y 341 (2000); Shana
M. Christrup, Breastfeeding in the American Workplace, 9 Am. U.J. Gender Soc. Pol’y &
L. 471 (2001).
¹⁵ Derungs v. Wal-Mart Stores, Inc., 374 F.3d 428 (6^th Cir. 2004). In this case, the publicly
nursing mother was asked to either nurse in a restroom, or to leave the store.
¹⁶ Derungs v. Wal-Mart Stores, Inc., 141 F.Supp.2d 884 (S.D. Ohio 2000).

accommodation statute or title VII of the federal Civil Rights Act of 1964.¹⁷ Ohio,
the state where the litigation occurred, does not have a statute concerning the rights
of mothers to breastfeed their children in public places.
Development of State Breastfeeding Laws–1993 to the Present Day
As breastfeeding has become more common, legal concerns have arisen on
applying state decency laws and other laws concerning public nudity and exposure
to nursing mothers. Because of these concerns, a wide range of state laws have been
enacted to deal with issues involving various aspects of breastfeeding. The first state
to enact comprehensive breastfeeding legislation was Florida in 1993.¹⁸ 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 on breastfeeding mothers
having the support and cooperation of their employers.¹⁹ 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 feasibility 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-eight states and Puerto Rico have some type of legislation
dealing with the protection of nursing mothers and/or the promotion of breastfeeding.
During 2004, numerous state legislatures considered proposals on breastfeeding.
Three states enacted laws--which for the first time provided guidance and some
protection for breastfeeding mothers in their jurisdictions.²⁰ Colorado enacted a law
which encourages breastfeeding and permits a mother to breastfeed in any location
she has a right to be. Nebraska enacted a law which provides a means for a nursing
mother to request to be excused from jury service. Oklahoma enacted legislation
which recognizes that breastfeeding is a basic right and that a mother may breastfeed

¹⁷ See note 15.
¹⁸ 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.
¹⁹ 1994 Fla. Laws ch. 217, Fla. SB 1668. Codified at Fla. Stat. §§ 383.011, 383.015,

383.016, 383.311, 383.318.

²⁰ Summaries and citations to these laws follow in the charts.

her baby in any place where she is otherwise authorized to be. In addition, the
Oklahoma law exempts breastfeeding from certain crimes and punishments and
provision is made to allow breastfeeding mothers to request an exemption from jury
service. Illinois strengthened its breastfeeding legislation with the enactment of the
“Right to Breastfeed Act,”²¹ which provides that a mother may breastfeed her baby
wherever the mother is authorized to be. A unique provision of this law enables a
nursing mother who is denied the right to breastfeed by the owner or manager of a
public or private location, other than a private residence or place of worship, to bring
an action to enjoin further denials of the right to breastfeed. If the mother prevails
in her action, the law provides that she is to be awarded reasonable attorneys’ fees
and reasonable litigation expenses.
On March 20, 2005, Virginia enacted a law which provides a new exemption
for jury service, upon request, for “any mother who is breast-feeding a child.” The
new legislation expands the existing state law to specifically include nursing mothers
as a category of persons exempt from jury service.²²
Summary of State Breastfeeding Legislation
Below is a summary of state laws concerning breastfeeding.²³ 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 breastfeeding.²⁴ A chart has been²⁵
prepared summarizing the existing state breastfeeding laws and grouping the laws
into six categories.
It should be considered that if a state does not have specific legislation
authorizing or affirming breastfeeding in public, it does not mean that breastfeeding
in public is necessarily prohibited. Local ordinances, which are not considered in this
report, may deal with the issue. Likewise, an exemption from jury duty by a nursing
mother which in some states may be covered by state statute, may also be covered in²⁶

other states by court rules, local practices, or regulations.
²¹ Ill. P.A. 93-942 (2004), Enacted Aug. 16, 2004.
²² VA.H.B. 2708 (2005), Act of Assembly, Chapter No. 195 (Mar. 20, 2005). Codified at
Va. Code Ann. § 8.01-341 (2005).
²³ Although not a state, Puerto Rico has been included in this analysis.
²⁴ 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.”
²⁵ The term breastfeeding is sometimes hyphenated (breast-feeding) in certain state statutes.
For purposes of uniformity in this report, the hyphen is deleted.
²⁶ Further information concerning jury duty exemptions for nursing mothers may be found
at [http://www.familyfriendlyjuryduty.org].

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. 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 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 make reasonable
efforts to provide a room or other location, other than a toilet stall, for employees 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 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.
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 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 (1998)²⁷ 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.
Cal. Rules of Court R. 859 (2004)²⁸ provides that a mother breastfeeding a child
may request that jury service be deferred for up to one year, and may renew that
request as long as she is breastfeeding. If the request in made in writing, under
penalty of perjury, the jury commissioner must grant the request without requiring
the prospective juror to appear in court.
Colorado
Colo. Rev. Stat. 25-6-301; 25-6-302 (2004) acknowledges the beneficial effects
of breastfeeding and encourages mother to breastfeed. The law permits a mother to
breastfeed in any location she has a right to be.
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
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.

²⁷ Provision not codified at this time.
²⁸ While this provision is not a state statute, it is a significant rule of court in an important
and influential state.

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.
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. Code Ann. § 31-1-9 (2004) 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.
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(7) (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
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 § 2-212(3) (Michie 2004) 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
Ill. P.A. 93-942 (2004)²⁹ is the “Right to Breastfeed Act.” It states 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 her child in a place of worship
shall follow the appropriate norms within that place of worship. Section 15 provides
that a woman denied the right to breastfeed by the owner or manager of a public or
private location, other than a private residence or place of worship, may bring an
action to enjoin future denials of the right to breastfeed. If the woman prevails in her
suit, she shall be awarded reasonable attorney’s fees and reasonable litigation
expenses.

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.

²⁹ Enacted August 16, 2004.

720 Ill. Comp. Stat. Ann. § 5/11-9 (West 2001) provides that breastfeeding a
child is not an act of public indecency.
Indiana
Ind. Code § 16-35-6-1 (2003) allows a woman to breastfeed her child anywhere
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.
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 35³⁰ 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.
La. Rev. Stat. Ann. 46 § 1409(B)(5) (West 2004) prohibits any child care facility
from discriminating against breastfed babies. This provision is repeated at La. Rev.
Stat. Ann. 46 § 1413(E) (West 2004) for the purposes of rules and regulations for
child care facilities.
La. Rev. Stat. Ann. 40 § 2213 (West 2002) provides qualification requirements
and a registry for “lactation consultants.” Such a consultant is an allied health care
provider who, by meeting eligibility requirements and passing an examination
administered by the International Board of Lactation Consultant Examiners (IBLCE),
possesses the skills, knowledge, and attitudes to provide breastfeeding assistance to
babies and to mothers.

³⁰ Provision not codified at this time.

La. Rev. Stat. Ann. 46 § 1413(E) (West 2004) provides that child care facilities
cannot discriminate on the basis of various characteristics of the child, including
whether a child is being breast fed.
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 personal property that
is manufactured for the purpose of initiating, supporting, or sustaining breastfeeding
from the sales tax and from use tax.
Md. Code Ann., Health–Gen.§ 20-801 (2003) permits a woman to breastfeed her
child in any public or private place under specified circumstances and prohibits
restrictions on breastfeeding. A person may not restrict or limit the right of a mother
to breast-feed her child.
Michigan
Mich. Comp. Laws Ann. §§ 41.181, 67.1(aa), 117.4i, and 117.5h (West 2002)
exclude 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. 269³¹allows 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.

³¹ Provision not codified at this time.

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.
Minn. Stat. Ann. § 617.23 (West 2003) provides that breastfeeding is exempted
from the statutory definition of indecent exposure.
Missouri
Mo. Ann. Stat. § 191.918 (West 2002) allows mothers to breastfeed, with
“appropriate discretion,” in any private or public location.
Mo. Ann. Stat. § 191.915 (West 2002) provides 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 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.
Nebraska
Neb. Rev. Stat. § 25-1601 (2004) provides that a nursing mother shall be
excused from jury service until she is no longer nursing her child by making such
request to the court at the time the juror qualification form is filed with the jury
commissioner and including with the request a physician’s certificate in support of
her request. The jury commissioner shall mail the mother a notification form to be
completed and returned to the jury commissioner by the mother when she is no
longer nursing the child.
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.
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.
Oklahoma
Okla. Stat. tit. 63, § 1-234.1 (2004) provides legislative recognition that
breastfeeding is a basic right and that a mother may breastfeed her baby in any
location where they are otherwise authorized to be. Breastfeeding is exempted from
the crimes and punishments listed in the penal code.

Okla. Stat. 2001, § 28 (2004) provides that breastfeeding mothers may request
to be exempted from service as jurors.
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.
Puerto Rico³²
23 P.R. Laws Ann. § 43-1 (2002) requires that shopping malls, airports, and
government centers that serve the public must have accessible areas designed for the
breastfeeding of infants. Provision is made for compliance for newly designed and
existing buildings.
29 P.R. Laws Ann. §§ 478, 478a-478h (2002) provides comprehensive
regulation of breastfeeding in the workplace. The statute defines terms, provides for
time periods for expressing milk, details obligations for employers, and sets penalties
for noncomplying employers.
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.
R.I. Gen. Laws § 23-13.2-1 (2003) sets out workplace policies protecting a
woman’s choice to breastfeed. Appropriate definitions are provided.
South Dakota
S.D. Codified Laws § 22-22-24.1 (2002) exempts breastfeeding in public from
indecent exposure statutes.
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.

³² While not a state, Puerto Rico is included in this compilation.

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.
To be codified at Tex. Ins. Code Ann. §§ 1366.051 et seq. (added by Acts 2003,
78^th Leg., ch. 1274, § 3; effective date April 2005). This law provides that the health
insurer of a maternity patient discharged before the statutory minimum stay, must be
provided with post delivery services which include assistance and training in
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.
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. § 10-8-50 (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.
Utah Code Ann. § 30-3-34 (1997) provides that in determining child custody
and visitation schedules, the best interests of the child. The lack of reasonable
alternatives of a nursing child is a factor that the court can consider in determining
whether the standard parenting (custody) schedule would apply.
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 Ann. § 8.01-341 (2005) provides an exemption for jury service, upon
request, for “any mother who is breast-feeding a child.”
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)³³ 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)³⁴ 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.
Wash. Rev. Code Ann. § 43.70.640 (West 2002) exempts breastfeeding from
indecent exposure provisions. It also provides for employer/infant friendly
promotional materials 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 does not violate criminal statutes on indecent or obscene exposure.
Wyoming
2003 Wy. H.J.R. 5 ³⁵ (signed by the governor on February 21, 2003) encourages
breastfeeding and recognizes the importance of breastfeeding to maternal and child

³³ Apparently, this resolution is not codified in the Virginia Code.
³⁴ Provision not codified at this time.
³⁵ Id.

health. The resolution commends public and private employers who provide
accommodations for breastfeeding mothers.

CRS-17
Comparative Chart of Existing State Breastfeeding Legislation
atesNoMothersBreastfeedingLaws relating toLawsImplementedOptional State
Legislationpermitted toexempted frombreastfeeding inexemptingor encouragedenforcement
breastfeed in anypublicthe workplacebreastfeedingdevelopmentor
public or privateindecency lawsmothers fromof aimplementa-
locationjury dutybreastfeed-tion of various
ing awarenessbreastfeed-
educationing programs
campaign
AMAX
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LORADOX
NNECTICUTXX
X
STRICT OFX
LUMBIA
ORIDAXXX
RGIAXX

CRS-18
atesNoMothersBreastfeedingLaws relating toLawsImplementedOptional State
Legislationpermitted toexempted frombreastfeeding inexemptingor encouragedenforcement
breastfeed in anypublicthe workplacebreastfeedingdevelopmentor
public or privateindecency lawsmothers fromof aimplementa-
locationjury dutybreastfeed-tion of various
ing awarenessbreastfeed-
educationing programs
campaign
WAIIXX
OX
NOISXXXXX
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UISIANAXX
INEX
ARYLANDX
ASSACHUSETTSX
ICHIGANX
INNESOTAXXXX
PIX
URIXXX

CRS-19
atesNoMothersBreastfeedingLaws relating toLawsImplementedOptional State
Legislationpermitted toexempted frombreastfeeding inexemptingor encouragedenforcement
breastfeed in anypublicthe workplacebreastfeedingdevelopmentor
public or privateindecency lawsmothers fromof aimplementa-
locationjury dutybreastfeed-tion of various
ing awarenessbreastfeed-
educationing programs
campaign
ONTANAX
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XX
ⁱ^{ki/CRS-RL31633}AM P SH I RE X
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RTH CAROLINAXX
RTH DAKOTAX
X
AHOMAXXX
EGONXX
NNSYLVANIAX
ERTO RICOX
ODE ISLANDXX

CRS-20
atesNoMothersBreastfeedingLaws relating toLawsImplementedOptional State
Legislationpermitted toexempted frombreastfeeding inexemptingor encouragedenforcement
breastfeed in anypublicthe workplacebreastfeedingdevelopmentor
public or privateindecency lawsmothers fromof aimplementa-
locationjury dutybreastfeed-tion of various
ing awarenessbreastfeed-
educationing programs
campaign
UTH CAROLINAX
UTH DAKOTAX
X
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ONTXX
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TONXX
RGINIAX
NSINX
OMING–theSee note at
left.

yoming does not fit

Conclusion
In recent years, there has been an expansion in the practice of breastfeeding. As
a consequence of this growing trend, thirty-eight states and Puerto Rico have enacted
some sort of legislation associated with breastfeeding. The laws vary considerably
in their scope and in their coverage. However, these state laws may be generally
classified into six broad categories. Twenty-five states permit mothers to breastfeed
in any public or private location where the mother is legally entitled to be: California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa,
Louisiana, Maine, Maryland, Minnesota, Missouri, Nevada, New Jersey, New
Mexico, New York, North Carolina, Oklahoma, Oregon, Texas, Vermont, and
Virginia. Sixteen states exempt breastfeeding from public indecency laws: Alaska,
Florida, Illinois, Michigan, Montana, Nevada, New Hampshire, New York, North
Carolina, Oklahoma, Rhode Island, South Dakota, Utah, Virginia, Washington, and
Wisconsin. Ten states and Puerto Rico have laws related to breastfeeding in the
workplace: California, Connecticut, Georgia, Hawaii, Illinois, Minnesota, Rhode
Island, Tennessee, Texas, and Washington. Eight states exempt breastfeeding
mothers from jury duty: California,³⁶ Idaho, Iowa, Minnesota, Nebraska, Oregon,
Oregon, and Virginia. Seven states have implemented or encouraged the
development of a breastfeeding awareness education campaign: California, Florida,
Illinois, Louisiana, Missouri, Texas, and Vermont. Five states have certain optional
or voluntary compliance provisions: California, Illinois, Minnesota, Missouri, and
Virginia.

³⁶ By court rule.