PRIOR PRINTER'S NOS. 67, 893 PRINTER'S NO. 1045
No. 34 Session of 2007
INTRODUCED BY C. WILLIAMS, COSTA, MUSTO, BOSCOLA, FONTANA, FOLMER, WOZNIAK, WASHINGTON AND MELLOW, FEBRUARY 7, 2007
AS AMENDED ON THIRD CONSIDERATION, MAY 21, 2007
AN ACT 1 Protecting the right of a mother PERMITTING A MOTHER THE FREEDOM <-- 2 to nurse her child in public; prohibiting a unit of local <-- 3 government from adopting an ordinance prohibiting 4 breastfeeding in public; and providing that breastfeeding may 5 not be considered a nuisance, indecent exposure, sexual 6 conduct or obscenity. 7 WHEREAS, There are benefits to the child, the mother and <-- 8 society by encouraging and enabling mothers to breastfeed their 9 children; and 10 WHEREAS, An infant who is breastfed receives protection 11 against infection, illness and allergies, and long-term positive 12 effects on the development, intelligence and health of breastfed 13 children have been found; and 14 WHEREAS, A protective effect against various types of cancer 15 and greater emotional and physical health are found for mothers 16 who breastfeed; and 17 WHEREAS, Breastfeeding promotes sufficient birth spacing, 18 improved vaccine effectiveness and decreased food and medical 19 expenses, which all have positive societal effects; and
1 WHEREAS, The Pennsylvania Supplemental Food Program for 2 Women, Infants, and Children (WIC) promotes breastfeeding 3 education and support; and 4 WHEREAS, Legislation to clarify the right to breastfeed is 5 necessary to promote breastfeeding and remove any stumbling 6 block from influencing a mother's decision to breastfeed or 7 continue breastfeeding. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. This act shall be known and may be cited as the 11 Right FREEDOM to Breastfeed Act. <-- 12 Section 2. Declaration of policy. 13 The General Assembly finds that breastfeeding a baby is an 14 important and basic act of nurturing that must be protected in 15 the interests of maternal and child health and family values. 16 Section 3. General rule. 17 A mother has a right to SHALL BE PERMITTED TO breastfeed her <-- 18 child in any location, public or private, where the mother and 19 child are otherwise authorized to be present, irrespective of 20 whether or not the mother's breast is covered during or 21 incidental to the breastfeeding. 22 Section 4. Local ordinance prohibition. <-- 23 A unit of local government may not prohibit breastfeeding in 24 public by local ordinance. 25 Section 5. Right 4. FREEDOM to breastfeed. <-- 26 The act of breastfeeding may SHALL not be considered: <-- 27 (1) Indecent exposure as defined in 18 Pa.C.S. § 3127 28 (relating to indecent exposure). 29 (2) Open lewdness as defined in 18 Pa.C.S. § 5901 30 (relating to open lewdness). 20070S0034B1045 - 2 -
1 (3) Obscenity or sexual conduct as defined in 18 Pa.C.S. 2 § 5903 (relating to obscene and other sexual materials and 3 performances). 4 (4) A nuisance as defined in 18 Pa.C.S. § 6504 (relating 5 to public nuisances). 6 Section 10. Effective date. 7 This act shall take effect immediately. L18L35MSP/20070S0034B1045 - 3 -