Summary of Breastfeeding Laws
 

Forty seven states have enacted legislation related to breastfeeding mothers and children.

Thirtyeight states have laws with language specifically allowing women to breastfeed in any public or private location (Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Utah, Tennessee, Texas, Vermont, and Wyoming).

Twenty-one states exempt breastfeeding from public indecency laws (Alaska, Arizona, Arkansas, Florida, Illinois, Kentucky, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington and Wisconsin).

Twelve states have laws related to breastfeeding in the workplace (California, Connecticut, Georgia, Hawaii, Illinois, Minnesota, New Mexico, Oklahoma, Rhode Island, Tennessee, Texas, and Washington).

Twelve states exempt breastfeeding mothers from jury duty (California, Idaho, Illinois, Iowa, Kansas, Kentucky, Minnesota, Mississippi, Nebraska, Oklahoma, Oregon and Virginia).

Four states have implemented or encouraged the development of a breastfeeding awareness education campaign (California, Illinois, Missouri, and Vermont).

Virginia allows women to breastfeed on any land or property owned by the state.

Several states also have very unique laws related to breastfeeding mothers and children.

California and Texas have laws related to the procurement, processing, distribution or use of human milk.

Louisiana prohibits any childcare facility from discriminating against breastfed babies.

Maine requires courts, when awarding parental rights and responsibilities with respect to a child, to consider whether the child is under age one, and being breastfed.

Maryland exempts from the sales and use tax the sale of tangible personal property that is manufactured for the purpose of initiating, supporting or sustaining breastfeeding.

Mississippi provides for regulations for child care facilities to promote breastfeeding by mothers of children being cared for in the facility.

Rhode Island requires the Department of Health to prepare a consumer mercury alert notice, explaining the danger of eating mercury-contaminated fish to women who are pregnant or breastfeeding their children.

updated July 2007 

State by state breakdown of breastfeeding legislation

http://www.ncsl.org/programs/health/breast50.htm

http://www.bellaonline.com/subjects/4753.asp