Laws that Protect a Mothers Right to Breastfeed in Public

Lactation Accommodation in Commercial Airports, 2014, Assembly Bill 1787, Lowenthal, Government Code 50479

On or before January 1, 2016, large commercial airports must provide a private space for the public to express breast milk. The space needs to be beyond airport security checkpoints, located in each terminal and cannot be in a public restroom. The commuter terminal at San Diego International Airport is exempt from providing space until the airport undergoes major construction.

Welfare-to-Work Requirements, 2013, Senate Bill 252, Liu, Welfare and Institutions Code 11218

Declares applicants and recipients of Social Service aid are allowed to breastfeed in any public area or anywhere the mother and child are authorized to be, including the county welfare department or any other county office.

Breastfeeding Education and Support, 2007, Senate Bill 22, Migden, Health and Safety Code Section 123360 and Welfare and Institutions Code 14134.55

Health and Safety Code 123360-

Requires the California Department of Public Health (CDPH) to support breastfeeding in public service campaigns. Additionally, CDPH is to develop an eight-hour training course of model hospital policy recommendations that promote breastfeeding.

Welfare Institutions Code 14134.55 –

Requires Medi-Cal program to improve access to lactation support and breast pumps for Medi-Cal recipients.

CDPH shall expand the Women, Infants and Children’s Breastfeeding Peer Counseling program, as funds are available.

(Also see Breastfeeding Education and Support, 2007, under Hospitals)

Jury Duty – Breastfeeding Mothers, 2000, Assembly Bill 1814, Lempert, Code of Civil Procedure 210.5

Requires the Judicial Council to adopt standardized jury summons language that specifically references breastfeeding mothers.

Human Milk Banks, 1999, Assembly Bill 532, Lempert, Health and Safety Code Section 1647

Declares that a nonprofit human milk bank that collects, processes and distributes human milk for human consumption is considered to be providing a service and is declared not to be a sale of human milk.

Right to Breastfeed in Public, 1997, Assembly Bill 157, Villaraigosa, Civil Code 43.3

Declares a mother may breastfeed her child in any location, public or private, where the mother is authorized to be present. The right to breastfeed does not extend, however, to the private home or residence of another.

California Department of Public Health promotes breastfeeding, 1995, Assembly Bill 977, McDonald, Health and Safety Code 123360

Requires the California Department of Public Health (CDPH) to promote breastfeeding in its public service campaigns.

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