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State Breastfeeding Laws

January 1, 2010 By Nursing Freedom

State Breastfeeding Laws

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State Breastfeeding Laws – Two U.S. states do not protect a mother’s right to nurse her child in public:  WVa and ID. Three additional states only exempt breastfeeding from public indecency laws: WY, SD, MI.

Every state except West Virginia, has some law related to breastfeeding but the laws vary widely.  If you know of a law that has been amended and is not reflected in this list, please email admin {at} nursingfreedom {dot} org.

Alabama

Ala. Code § 22-1-13 (2006):

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.

Alaska

Alaska Stat. § 29.25.080:

A municipality may not enact an ordinance that prohibits or restricts a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be.

Arizona

Ariz. Rev. Stat. Ann § 41-1443 (2006):

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.

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Arkansas

Ark. Stat. Ann. § 20-27-2001 (2007): A woman may breastfeed a child in a public place or any place where other individuals are present.

California

Cal. Civil Code § 43.3 (1997): Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.

Colorado

Colo. Rev. Stat. § 25-6-302 (2004): A mother may breastfeed in any place she has a right to be.

Connecticut

Conn. Gen. Stat. § 46a-64: It shall be a discriminatory practice in violation of this section . . . for a place of public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child; and § 53-34b: No person may restrict or limit the right of a mother to breast-feed her child.

Delaware

Del. Code Ann. tit. 31 § 310 (1997): Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted.

District of Columbia

D.C. Code Ann. § 2-1402.82(c)(1): A woman shall have the right to breastfeed her child in any location, public or private, where she has the right to be with her child, without respect to whether the mother’s breast or any part of it is uncovered during or incidental to the breastfeeding of her child.

Federal Law

Pub. L. No. 106-058, § 647: Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.

Florida

Fla. Stat. § 383.015(1) (1993):  A mother may breastfeed her baby in any location, public or private, 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.

Georgia

Ga. Code § 31-1-9 (1999): [A] mother may breast-feed her baby in any location, public or private, 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 breast-feeding.

Hawaii

Hawaii Rev. Stat. § 489.21: It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breastfeeding a child.

Idaho

No state law specifically protects breastfeeding pairs.

Illinois

Ill. Rev. Stat. ch. 740 § 137 (2004): A mother may breastfeed her baby in any location, public or private, 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; . . . a mother . . . in a place of worship shall comport her behavior with the norms appropriate in that place of worship.

Indiana

Ind. Code § 16-35-6: Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be.

 

Iowa

Iowa Code § 135.30A (2002): Notwithstanding any other provision of law to the contrary, a woman may breast-feed the woman’s own child in any public place where the woman’s presence is otherwise authorized.

Kansas

Kan. Stat. Ann.  § 65-1,248(b): A mother may breastfeed in any place she has a right to be.

Kentucky

Ky. Rev. Stat. § 211-755(1) (2006): Notwithstanding any other provision of the law, a mother may breast-feed her baby or express breast milk in any location, public or private, where the mother is otherwise authorized to be.

Louisiana

La. Rev. Stat. Ann. § 51. 2247.1(B) (2001): Notwithstanding any other provision of law to the contrary, a mother may breastfeed her baby in any place of public accommodation, resort, or amusement.

Maine

Me. Rev. Stat. Ann. tit. 5, § 4634 (2001): Notwithstanding any other provision of law, a mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be.

Maryland

Md. Health-General Code Ann. § 20-801 (2003): (a) A mother may breast-feed her child in any public or private location in which the mother and child are authorized to be. (b) A person may not restrict or limit the right of a mother to breast-feed her child.

Massachusetts

Mass. Gen. Laws Ann. ch. 111 § 221(a) (2008): A mother may breastfeed her child in any public place or establishment or place which is open to and accepts or solicits the patronage of the general public and where the mother and her child may otherwise lawfully be present.

Michigan

Mich. Comp. Laws § 41.181, § 67.1aa & § 117.4i et seq. (1994): [Michigan law exempts breastfeeding from public indecency laws.]

Minnesota

Minn. Stat. §145.905: A mother may breast-feed 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 breast-feeding.

Mississippi

Miss. Code Ann. § 17-25-7 (2006): A mother may breast-feed her child in any location, public or private, where the mother is otherwise authorized to be, without respect to whether the mother’s breast or any part of it is covered during or incidental to the breast-feeding.

Missouri

Mo. Rev. Stat. § 191.918 (1999): Notwithstanding any other provision of law to the contrary, a mother may, with as much discretion as possible, breast-feed her child in any public or private location where the mother is otherwise authorized to be.

Montana

Mont. Code Ann. § 50-19-501 (1999): A mother has a right to breastfeed the mother’s child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother’s breast is covered during or incidental to the breastfeeding.

Nebraska

2011 Neb. Laws, L.B. 197: A mother may breastfeed her child in any public or private location where the mother is otherwise authorized to be.

Nevada

Nev. Rev. Stat. § 201.232(2) (1995): Notwithstanding any other provision of law, a mother may breast feed her child in any public or private 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 breast feeding.

New Hampshire

N.H. Rev. Stat. Ann. § 132:10-d (1999): Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.

New Jersey

N.J. Rev. Stat. § 26:4B-4/5 (1997): Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of public accommodation, resort or amusement wherein the mother is otherwise permitted.

New Mexico

N.M. Stat. Ann. § 28-20-1 (1999): A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.

New York

N.Y. Civil Rights Law § 79-e (1994): Notwithstanding any other provision of law, a mother may breast feed  her  baby  in  any  location, public or  private, where the mother is otherwise authorized to be, irrespective of whether  or  not  the nipple of the mother’s breast is covered during or incidental to the breast feeding.

North Carolina

N.C. Gen. Stat. § 14-190.9 (1993): Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.

North Dakota

N.D. Cent. Code § 23-12-16: If the woman acts in a discreet and modest manner, a woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be.

Ohio

Ohio Rev. Code Ann. § 3781.55 (2005): A mother is entitled to breast-feed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted.

Oklahoma

Okla. Stat. tit. 63, § 1-234 (2004): The Legislature hereby declares that breast-feeding a baby constitutes a basic act of nurturing to which every baby has a right and which should be encouraged in the interests of maternal and child health. In furtherance of this right, a mother may breast-feed her baby in any location where the mother is otherwise authorized to be

Oregon

Or. Rev. Stat. § 109.001 (1999): A woman may breast-feed her child in a public place.

Pennsylvania

P.L. 90, No. 28, Cl. 35 (enacted July 8, 2007): The Freedom to Breastfeed Act permits a mother to nurse her child in public; and provides that breastfeeding may not be considered a nuisance, indecent exposure, sexual conduct or obscenity.

Rhode Island

R.I. Gen. Laws § 23-13.5-1 (2008): A woman may feed her child by bottle or breast in any place open to the public.

South Carolina

S.C. Code Ann. § 63-5-40(A) (2005): A woman may breastfeed her child in any location where the mother and her child are authorized to be.

South Dakota

S.D. Codified Laws Ann. § 22-22-24.1 and § 22-24A-2 (2002): [South Dakota law exempts breastfeeding from public indecency laws.]

Tennessee

Tenn. Code Ann. § 68-58-101 et seq. (2006): A mother has a right to breastfeed her child who is twelve (12) months of age or younger in any location, public or private, where the mother and child are otherwise authorized to be present. [Tennessee law exempts all breastfeeding, regardless of age, from public indecency laws.]

Texas

Tex. Health Code Ann. § 165.002 (1995): A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.

Utah

Utah Code Ann. § 17-15-25 (1995): The county legislative body may not prohibit a woman’s breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.

Vermont

Vt. Stat. Ann. tit. 9, § 4502 (j) (2002): Notwithstanding any other provision of law, a mother may breastfeed her child in any place of public accommodation in which the mother and child would otherwise have a legal right to be.

Virginia

Va. Code § 2.2-1147.1 (2002): Notwithstanding any other provision of law, a woman may breast-feed her child at any location where that woman would otherwise be allowed on property that is owned, leased or controlled by the Commonwealth as defined in § 2.2-1147.

Washington

Wash. Rev. Code § 49.60.30(g) (2009): [It is t]he right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

West Virginia

No state law specifically protects breastfeeding pairs.

Wisconsin

Wis. Stat. § 253.16: A mother may breast−feed her child in any public or private location where the mother and child are otherwise authorized to be. In such a location, no person may prohibit a mother from breast−feeding her child, direct a mother to move to a different location to breast−feed her child, direct a mother to cover her child or breast while breast−feeding, or otherwise restrict a mother from breast−feeding her child as provided in this section.

Wyoming

Wyo. Stat. § 6-4-201 (2007): [Wyoming law exempts breastfeeding from public indecency laws.]

Puerto Rico

23 P.R. Laws Ann. § 43-1 (4): [E]very breastfeeding mother has the right to nurse her children in any place of public access, whether or not in these places are areas designated for breastfeeding.

U.S. Virgin Islands

14 V.I.C. § 1022(b): [U.S. Virgin Islands law exempts breastfeeding from public indecency laws.]

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