PRINTER'S NO. 2790
No. 2137 Session of 1999
INTRODUCED BY JOSEPHS, MUNDY, MANDERINO, WILLIAMS, WASHINGTON,
YOUNGBLOOD, STEELMAN, BEBKO-JONES, L. I. COHEN, SEYFERT,
PISTELLA, LEVDANSKY, PETRARCA, CARN, GEORGE, SURRA, STETLER,
CAPPABIANCA, CALTAGIRONE, SOLOBAY, FRANKEL, LUCYK, JAMES,
FAIRCHILD, HORSEY, ROBINSON, M. COHEN, DALEY, FREEMAN,
McCALL, DeWEESE, ROONEY, MYERS, MICHLOVIC, RAMOS, O'BRIEN AND
CHADWICK, DECEMBER 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 8, 1999
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
11 positive effects on the development, intelligence and health of
12 breastfed 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
1 expenses, which all have positive societal effects; and
2 WHEREAS, The Pennsylvania Supplemental Food Program for
3 Women, Infants, and Children (WIC) promotes breastfeeding
4 education and support; and
5 WHEREAS, Legislation to clarify the right to breastfeed is
6 necessary to promote breastfeeding by mothers and remove any
7 stumbling block from influencing a mother's decision to
8 breastfeed or continue breastfeeding out of fear of reprisal.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. 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 2. 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 3. Local ordinance prohibition.
22 A unit of local government may not prohibit breastfeeding in
23 public by local ordinance.
24 Section 4. Right to breastfeed.
25 The act of breastfeeding may not be considered:
26 (1) A nuisance as defined in 18 Pa.C.S. § 6504 (relating
27 to public nuisances).
28 (2) Indecent exposure as defined in 18 Pa.C.S. § 3127
29 (relating to indecent exposure).
30 (3) Obscenity or sexual conduct as defined in 18 Pa.C.S.
19990H2137B2790 - 2 -
1 § 5903 (relating to obscene and other sexual materials and
2 performances).
3 Section 5. Effective date.
4 This act shall take effect immediately.
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