Assembly Actions -
Senate Actions - UPPERCASE
|Mar 10, 2023||
referred to health
Assembly Bill A5390
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-A5390 (ACTIVE) - Details
2023-A5390 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5390 2023-2024 Regular Sessions I N A S S E M B L Y March 10, 2023 ___________ Introduced by M. of A. SOLAGES, GONZALEZ-ROJAS -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to requiring human breast milk banks, companies and cooperatives to comply with certain standards and to provide for education and support of certain breast- feeding mothers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2505-c to read as follows: § 2505-C. BREAST MILK BANKS. 1. PROCURING, PROCESSING, STORING, DISTRIBUTING AND USING HUMAN MILK FOR THE PURPOSE OF INFANT HUMAN CONSUMPTION FROM A NONPROFIT HUMAN BREAST MILK BANK IS A RENDERING OF A SERVICE AND NOT THE SALE OF HUMAN MILK FOR PROFIT OR FINANCIAL GAIN. 2. A HOSPITAL OR ORGANIZATION THAT COLLECTS, PROCESSES, STORES, OR DISTRIBUTES HUMAN MILK EITHER FROM A MOTHER EXCLUSIVELY FOR HER OWN CHILD OR FROM A MOTHER TO NOURISH A CHILD OTHER THAN HER OWN SHALL COMPLY WITH THE STANDARDS, ETHICAL PRACTICES AND GUIDELINES FOR COLLECT- ING, PROCESSING, STORING, OR DISTRIBUTING HUMAN MILK OF THE HUMAN MILK BANKING ASSOCIATION OF NORTH AMERICA UNLESS THE DEPARTMENT APPROVES ALTERNATE STANDARDS. 3. NO SCREENING TEST IS REQUIRED TO BE PERFORMED ON HUMAN MILK COLLECTED FROM A MOTHER EXCLUSIVELY FOR HER OWN CHILD. 4. A FOR-PROFIT HUMAN BREAST MILK BANK, COMPANY, OR COOPERATIVE THAT PROVIDES FINANCIAL COMPENSATION OR SHARES IN STOCK FOR PROCURING, PROC- ESSING, DISTRIBUTING, OR USING HUMAN MILK FOR THE PURPOSE OF HUMAN CONSUMPTION MUST COMPLY WITH THE STANDARDS, ETHICAL PRACTICES AND GUIDE- LINES OF THE HUMAN MILK BANKING ASSOCIATION OF NORTH AMERICA OR MORE STRINGENT GUIDELINES FOR SAFE PROCUREMENT, PROCESSING, STORING, OR DISTRIBUTION OF HUMAN BREAST MILK. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05398-01-3 A. 5390 2
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