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                                                       PRINTER'S NO. 944

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 827 Session of 2007


        INTRODUCED BY JOSEPHS, BENNINGTON, CALTAGIRONE, DENLINGER,
           FABRIZIO, FRANKEL, FREEMAN, GEORGE, HERSHEY, JAMES, LEACH,
           MUNDY, MYERS, M. O'BRIEN, PALLONE, PARKER, PAYNE, SIPTROTH,
           SOLOBAY AND YOUNGBLOOD, MARCH 19, 2007

        REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 19, 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


     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 by mothers and remove any
     6  stumbling block from influencing a mother's decision to
     7  breastfeed or continue breastfeeding out of fear of reprisal.
     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10  Section 1.  Declaration of policy.
    11     The General Assembly finds that breastfeeding a baby is an
    12  important and basic act of nurturing that must be protected in
    13  the interests of maternal and child health and family values.
    14  Section 2.  General rule.
    15     A mother has a right to breastfeed her child in any location,
    16  public or private, where the mother and child are otherwise
    17  authorized to be present, irrespective of whether or not the
    18  mother's breast is covered during or incidental to the
    19  breastfeeding.
    20  Section 3.  Local ordinance prohibition.
    21     A unit of local government may not prohibit breastfeeding in
    22  public by local ordinance.
    23  Section 4.  Right to breastfeed.
    24     The act of breastfeeding may not be considered:
    25         (1)  A nuisance as defined in 18 Pa.C.S. § 6504 (relating
    26     to public nuisances).
    27         (2)  Indecent exposure as defined in 18 Pa.C.S. § 3127
    28     (relating to indecent exposure).
    29         (3)  Obscenity or sexual conduct as defined in 18 Pa.C.S.
    30     § 5903 (relating to obscene and other sexual materials and
    20070H0827B0944                  - 2 -     

     1     performances).
     2  Section 5.  Effective date.
     3     This act shall take effect immediately.


















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