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What are your states BF'ing laws?


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  #1  
April 16th, 2010, 06:47 PM
sara~b's Avatar Platinum Supermommy
Join Date: Aug 2006
Location: Pittsburgh PA
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I was researching PA law and never realized that a BF'ing mom wasn't 'protected' until just 2.5 years ago. Bf'ing moms who are harassed or asked to leave a restaurant or whatever still don't have any way to enforce their right but I guess it's better than it was before July 2007. An article on PA's state law is here:
New Pa. law allows breastfeeding in public

You can check your states laws here:
http://www.mothering.com/sites/resources/laws.pdf

I'm going to carry a copy of this news article with me once baby girl is born! I hope I never need it but you can't depend on local law enforcement to know the laws!
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Sara, 27, married to Shane, 31, mom to Gemma, 6, and Ashlyn, born 8/7/10







Running for my health and sanity!
PR's: 5k-25:05 (old PR 25:10), 5M-45:03 (old PR - 47:22), 10k - 52:00 (approximate - training), HM-2:25:58 (ran a 2:17:36 during marathon), Full- 4:49:25 (old PR -5:49:40), 50k-7:05:56, 50M-13:31:14, 100k- 18:59:31 (old PR 20:56)
(All of these PR's are going down this season!)

My Pregnancy Chart: http://www.fertilityfriend.com/home/1c6297
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  #2  
April 16th, 2010, 07:39 PM
SandKmommy's Avatar Seamus and Kieran's Mommy
Join Date: Sep 2005
Location: North Idaho
Posts: 29,910
Idaho is one of 3 that have none that protect a bfing mother

Only law we have is
" Idaho Code § 2-212 (2002) provides that a person who is not disqualified for jury service under § 2-209 may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child. (2002 HB 497) "

Breastfeeding State Laws
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Mom to Seamus (7.18.06) and Kieran 4.8.09). Seamus has Aspergers, SPD, Lazy Eye and is also Color Deficient/Blind, basically he doesnt' see green or red. I'm still learning more but feel free to ask me about it if you have any questions!
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  #3  
April 16th, 2010, 09:35 PM
JediRach's Avatar Platinum Supermommy
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California


Cal. Civil Code § 43.3 (1997) allows a mother to breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present. (AB 157)

Cal. Civil Code § 210.5 (2000) allows the mother of a breastfed child to postpone jury duty for one year and specifically eliminates the need for the mother to appear in court to request the postponement. The law also provides that the one-year period may be extended upon written request of the mother. (Chap. 266; AB 1814)

Cal. Health and Safety Code § 1647 (1999) declares that the procurement, processing, distribution or use of human milk for the purpose of human consumption is considered to be a rendition of service rather than a sale of human milk. (Chap. 87; AB 532)

Cal. Health and Safety Code § 123360 and § 1257.9 require that the Department of Public Health include in its public service campaign the promotion of mothers breastfeeding their infants. The department shall also develop a training course of hospital policies and recommendations that promote exclusive breastfeeding and specify staff for whom this model training is appropriate. The recommendation is targeted at hospitals with exclusive patient breastfeeding rates ranked in the lowest twenty-five percent of the state. (2007 Chapter 460, SB 22)

Cal. Labor Code § 1030 et seq. (2001) provides that employers need to allow a break and provide a room for a mother who desires to express milk in private.

Cal. Assembly Concurrent Resolution 155 (1998) encourages the state and employers to support and encourage the practice of breastfeeding by striving to accommodate the needs of employees, and by ensuring that employees are provided with adequate facilities for breastfeeding and expressing milk for their children. The resolution memorializes the governor to declare by executive order that all state employees be provided with adequate facilities for breast feeding and expressing milk.
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  #4  
April 16th, 2010, 09:37 PM
SandKmommy's Avatar Seamus and Kieran's Mommy
Join Date: Sep 2005
Location: North Idaho
Posts: 29,910
and the sad thing is, just 5mintues west in Washington its very supported

Wash. Rev. Code § 9A.88.010 (2001) states that the act of breastfeeding or expressing breast milk is not indecent exposure. (HB 1590)

Wash. Rev. Code § 43.70.640 (2001) allows any employer, governmental and private, to use the designation of "infant-friendly" on its promotional materials if the employer follows certain requirements. (2001 Wash. Laws, Chap. 88)

Wash. Rev. Code § 49.60.30(g) (2009) provides that it is the right of a mother to breastfeed her child in any place of public resort, accommodations, assemblage or amusement. (2009 Wash. Laws, Chap. 164, HB 1596)

Wash. Rev. Code § 49.60.215 the law states that it is an unfair practice for any person to discriminate against a mother breastfeeding her child in any place of public resort, accommodations, assemblage or amusement.

I just realized. Could I actually get arrested for bfing in public here? Is there a federal law on that or not.
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Mom to Seamus (7.18.06) and Kieran 4.8.09). Seamus has Aspergers, SPD, Lazy Eye and is also Color Deficient/Blind, basically he doesnt' see green or red. I'm still learning more but feel free to ask me about it if you have any questions!

Last edited by SandKmommy; April 16th, 2010 at 09:45 PM.
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  #5  
April 16th, 2010, 11:09 PM
Adriana's Mommy's Avatar I <3 my kids
Join Date: Jul 2007
Location: Inland Northwest
Posts: 7,770
Quote:
Originally Posted by SandKmommy View Post

I just realized. Could I actually get arrested for bfing in public here? Is there a federal law on that or not.
Wow.. But I doubt anyone would call the cops because your BF.. Just as long your discret about it.. One of the good things about living up here, people are vary friendly.. Except for the city folks..
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  #6  
April 17th, 2010, 06:01 AM
Platinum Supermommy
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hm i have no idea what the laws are like here, i'd imagine you are able to bf wherever u want though! i plan to!
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  #7  
April 17th, 2010, 06:19 AM
szczepanski's Avatar nakmaster
Join Date: Jan 2009
Location: Western NY
Posts: 8,401
NY has pretty good nursing laws.

I've already nursed in public....without a cover...and then last night I nursed Nolan in the backseat of the car while DH picked up dinner for us. Lot's of people walked by and some did a double take but I didn't care.

I think DH is more awkward about it than I am...to me, my son is hungry and I am feeding him. I'm not going to sit in a nasty bathroom or a hot car on a warm day!
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  #8  
April 17th, 2010, 06:23 AM
sara~b's Avatar Platinum Supermommy
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Quote:
Originally Posted by SandKmommy View Post
and the sad thing is, just 5mintues west in Washington its very supported

Wash. Rev. Code § 9A.88.010 (2001) states that the act of breastfeeding or expressing breast milk is not indecent exposure. (HB 1590)

Wash. Rev. Code § 43.70.640 (2001) allows any employer, governmental and private, to use the designation of "infant-friendly" on its promotional materials if the employer follows certain requirements. (2001 Wash. Laws, Chap. 88)

Wash. Rev. Code § 49.60.30(g) (2009) provides that it is the right of a mother to breastfeed her child in any place of public resort, accommodations, assemblage or amusement. (2009 Wash. Laws, Chap. 164, HB 1596)

Wash. Rev. Code § 49.60.215 the law states that it is an unfair practice for any person to discriminate against a mother breastfeeding her child in any place of public resort, accommodations, assemblage or amusement.

I just realized. Could I actually get arrested for bfing in public here? Is there a federal law on that or not.
There is a federal law. It just says something to the effect of 'breastfeeding is not indecent exposure'. You can still be asked to leave a restaurant/store/government building/etc.
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Sara, 27, married to Shane, 31, mom to Gemma, 6, and Ashlyn, born 8/7/10







Running for my health and sanity!
PR's: 5k-25:05 (old PR 25:10), 5M-45:03 (old PR - 47:22), 10k - 52:00 (approximate - training), HM-2:25:58 (ran a 2:17:36 during marathon), Full- 4:49:25 (old PR -5:49:40), 50k-7:05:56, 50M-13:31:14, 100k- 18:59:31 (old PR 20:56)
(All of these PR's are going down this season!)

My Pregnancy Chart: http://www.fertilityfriend.com/home/1c6297
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  #9  
April 17th, 2010, 07:25 AM
Platinum Supermommy
Join Date: Oct 2007
Posts: 8,102
what if you dont leave?
oh i'm so bad haha
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  #10  
April 17th, 2010, 10:47 AM
Resi's Avatar Platinum Supermommy
Join Date: Nov 2005
Location: Indianapolis, IN
Posts: 14,577
I got the Mothering magazine issue with this article in it for pumping while at work and IN has the strongest laq for that but from what I read it's no enforced in any way. For BF in public it's: A law protecting nursing in public but
without an enforcement provision. We still need better BF'ing laws in this country!
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  #11  
April 17th, 2010, 06:20 PM
sara~b's Avatar Platinum Supermommy
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Quote:
Originally Posted by ~*sierra*~ View Post
what if you dont leave?
oh i'm so bad haha
You can be arrested for trespassing! how messed up is that?!
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Sara, 27, married to Shane, 31, mom to Gemma, 6, and Ashlyn, born 8/7/10







Running for my health and sanity!
PR's: 5k-25:05 (old PR 25:10), 5M-45:03 (old PR - 47:22), 10k - 52:00 (approximate - training), HM-2:25:58 (ran a 2:17:36 during marathon), Full- 4:49:25 (old PR -5:49:40), 50k-7:05:56, 50M-13:31:14, 100k- 18:59:31 (old PR 20:56)
(All of these PR's are going down this season!)

My Pregnancy Chart: http://www.fertilityfriend.com/home/1c6297
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  #12  
April 18th, 2010, 04:58 AM
Platinum Supermommy
Join Date: Oct 2007
Posts: 8,102
oh my god! i'd like to see them try!!
i jus cannot believe the faux pas that ppl seem to think BF is....heck even mama duggar was BFin on a float in a parade in one episode! my and SIL thought that was awesome
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  #13  
April 18th, 2010, 11:21 AM
A*LOT*OF*HOPE's Avatar Mega Super Mommy
Join Date: Mar 2008
Location: Washington
Posts: 2,563
Wow, Washington is very supported!!!!! Im gonna BF everywhere!!
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  #14  
April 19th, 2010, 07:13 PM
~*Bethy*~'s Avatar Ian, Morgan and Isabella!
Join Date: Mar 2008
Location: Hillsboro, Oregon
Posts: 6,244
Oregon is semi protected. But Ive seen alot of people BF in public here, so I doubt it will be a huge problem, and I plan to use a cover everytime just out of modestly for me. here is a breif description of rules for the employer for pumping mothers:

Effective January 1, 2008,

*employers with 25 or more employees must make reasonable efforts to provide private space and time for nursing mothers who request a place to express milk for their newborns 18 months of age and younger.

*The location must be in close proximity to the employee’s work area, and cannot be a toilet stall or restroom.

*Businesses would not necessarily have to have a dedicated lactation room. A vacant office or conference room could suffice, so long as it is private. A cubicle is not considered private.

*An employee must provide reasonable written or verbal notice to her employer that she intends to express breastmilk at work. A sample letter is available in English and Spanish, see below.

*All employers must comply unless they can prove it would cause undue hardship.
There is a $1,000 fine per incident for non-compliance.
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~Ian Michael, 6~
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Last edited by ~*Bethy*~; April 19th, 2010 at 07:19 PM.
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  #15  
April 20th, 2010, 05:25 AM
Platinum Supermommy
Join Date: Oct 2007
Posts: 8,102
can u imagine ur sitting in the slammer and theres like all these felons asking 'What you in for?'.......breastfeeding
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  #16  
April 20th, 2010, 06:09 AM
LisanAndy's Avatar Platinum Supermommy
Join Date: Feb 2006
Location: Hagerstown, MD
Posts: 23,058
Maryland:

A law protecting nursing in public but
without an enforcement provision
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