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From:
michelle i scott <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Sun, 16 Mar 1997 18:07:46 -0500
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Here is the text of the NY Breastfeeding law.  Some lactnetters could access my file but others found only computer gobble-dee-gook .   I appreciate the comments people made, and am so impressed with how quickly we share info.  This kind of sharing is what has always made conferences so valuable to me and now we can do the sharing more often.   I'm enjoying this exchange on LACTNET immensely.    Michelle Scott   [log in to unmask] 

Laws of New York
Chapter 98

An act to amend the civil rights law, in relation to granting mothers an absolute right to breast feed.
        Became a law May 16, l994, with the approval of the Governor.
        Passed by a majority vote, three-fifths being present.

        Section l.  The legislature finds and declares that the Surgeon General of the United States recommends that babies from birth t one year of age be breast fed, unless medically contraindicated, in order to attain an optimal healthy start.  Despite such recommendations, statistics reveal a declining percentage of mothers are choosing to breast feed their babies, and nearly half of all new mothers are not choosing formula over breast feeding before they even leave the hospital, only twenty percent are still breast feeding when their babies are six months old, and only six percent are still breast feeding when their babies are one year old.
        The legislature further finds and declares that breast milk offers better nutrition, immunity, and digestion, and may raise a baby's IQ.  In addition other benefits such as improved mother-baby bonding, and its encouragement  has been established as a major goal of this decade by the World Health Organization and UNICEF.  The social constraints of modern society militate against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding for reasons such as embarrassment and the fear of social ostracism or criminal prosecution.
        The promotion of family values and infant health demand putting an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike in the subject of breast feeding and represents hostility to mothers and babies in our culture based on archaic and outdated moral taboos.  Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between mother and baby, and no mother should be made to feel incriminated or socially ostracized by breast feeding her baby.
        The legislature finally finds and declares that the breast feeding of a baby is an important and basic act of nature which must be encouraged in the interests of maternal and child health and family values.
        S  2.  The civil rights law is amended by adding a new section 79-3 to read as follows:
        Right to breast feed.  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.
	
        S  3.  This act shall take effect 30 days after the date upon which is shal have become a law.  
        The Legislature of the STATE of NEW YORK SS:

Note:  My understanding is that there is a $5,000 fine attached to anyone violating this law e.g. asking a mother to leave a location due to her breastfeeding.  This is the fine attached to the civil rights law but has never been tried as a part of this law.

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