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02/05/2025 11:45 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20250&chamber=S&cosponId=44871
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Senate of Pennsylvania
Session of 2025 - 2026 Regular Session

MEMORANDUM

Posted: January 9, 2025 05:47 PM
From: Senator Amanda M. Cappelletti
To: All Senate members
Subject: Prohibiting the Internet Sale of Human Breast Milk
 
This bill is a reintroduction of SB 384 from the previous session, reaffirming the commitment to protecting the health and safety of infants by addressing the unregulated online sale of human breast milk.

Breast milk provides critical health benefits, particularly for premature and ill infants, but online marketplaces for breast milk operate without oversight. Human milk sold online is not screened for infectious diseases such as HIV or contamination from substances like nicotine, alcohol, prescription drugs, or illegal drugs. Additionally, it may not be stored, handled, or transported in conditions necessary to ensure its safety and freshness.

Research has demonstrated the serious risks associated with purchasing breast milk online. A 2013 study published in Pediatrics found that 74% of milk samples obtained from internet sources contained harmful bacteria, such as staph, strep, salmonella, and E. coli, and approximately 10% were adulterated with cow’s milk. The United States Food and Drug Administration and the American Academy of Pediatrics explicitly warn against using milk acquired online due to these dangers.

Pennsylvania has already taken steps to improve access to safe breast milk through Act 7, which permits nonprofit milk banks to operate under strict protocols for screening, pasteurization, and transportation. However, the high cost of regulated milk can lead some parents to seek alternatives online, putting their infants at serious risk.

To address this issue, I will soon reintroduce legislation to prohibit the sale of human breast milk over the internet. Violations of this prohibition would be classified as a summary offense. Importantly, this legislation would not interfere with the informal donation of breast milk among family members and friends.

I urge you to join me in supporting this critical consumer protection measure to ensure the safety and well-being of Pennsylvania’s most vulnerable residents.