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                                                        PRINTER'S NO. 67



No. 34 Session of 2007

           FOLMER, 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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