Senate Bill S1788

2023-2024 Legislative Session

Requires human breast milk banks, companies and cooperatives to comply with certain standards and provides for education and support of certain breastfeeding mothers

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Women's Issues Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1788 (ACTIVE) - Details

See Assembly Version of this Bill:
A5390
Current Committee:
Senate Women's Issues
Law Section:
Public Health Law
Laws Affected:
Add §2505-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7569, A8512
2017-2018: S47, A3982
2019-2020: S483, A2866
2021-2022: S371, A6548

2023-S1788 (ACTIVE) - Summary

Requires human breast milk banks, companies and cooperatives to comply with certain standards; provides for education and support of certain breastfeeding mothers.

2023-S1788 (ACTIVE) - Sponsor Memo

2023-S1788 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1788
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Women's Issues
 
 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
 S. 1788                             2
              

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