PRINTER'S NO. 67
No. 34 Session of 2007
INTRODUCED BY C. WILLIAMS, COSTA, MUSTO, BOSCOLA, FONTANA AND
FOLMER, FEBRUARY 7, 2007
REFERRED TO JUDICIARY, FEBRUARY 7, 2007
AN ACT
1 Protecting the right of a mother to nurse her child in public;
2 prohibiting a unit of local government from adopting an
3 ordinance prohibiting breastfeeding in public; and providing
4 that breastfeeding may not be considered a nuisance, indecent
5 exposure, sexual conduct or obscenity.
6 WHEREAS, There are benefits to the child, the mother and
7 society by encouraging and enabling mothers to breastfeed their
8 children; and
9 WHEREAS, An infant who is breastfed receives protection
10 against infection, illness and allergies, and long-term positive
11 effects on the development, intelligence and health of breastfed
12 children have been found; and
13 WHEREAS, A protective effect against various types of cancer
14 and greater emotional and physical health are found for mothers
15 who breastfeed; and
16 WHEREAS, Breastfeeding promotes sufficient birth spacing,
17 improved vaccine effectiveness and decreased food and medical
18 expenses, which all have positive societal effects; and
19 WHEREAS, The Pennsylvania Supplemental Food Program for
1 Women, Infants, and Children (WIC) promotes breastfeeding
2 education and support; and
3 WHEREAS, Legislation to clarify the right to breastfeed is
4 necessary to promote breastfeeding and remove any stumbling
5 block from influencing a mother's decision to breastfeed or
6 continue breastfeeding.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. This act shall be known and may be cited as the
10 Right to Breastfeed Act.
11 Section 2. Declaration of policy.
12 The General Assembly finds that breastfeeding a baby is an
13 important and basic act of nurturing that must be protected in
14 the interests of maternal and child health and family values.
15 Section 3. General rule.
16 A mother has a right to breastfeed her child in any location,
17 public or private, where the mother and child are otherwise
18 authorized to be present, irrespective of whether or not the
19 mother's breast is covered during or incidental to the
20 breastfeeding.
21 Section 4. Local ordinance prohibition.
22 A unit of local government may not prohibit breastfeeding in
23 public by local ordinance.
24 Section 5. Right to breastfeed.
25 The act of breastfeeding may not be considered:
26 (1) Indecent exposure as defined in 18 Pa.C.S. § 3127
27 (relating to indecent exposure).
28 (2) Obscenity or sexual conduct as defined in 18 Pa.C.S.
29 § 5903 (relating to obscene and other sexual materials and
30 performances).
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1 (3) A nuisance as defined in 18 Pa.C.S. § 6504 (relating
2 to public nuisances).
3 Section 10. Effective date.
4 This act shall take effect immediately.
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