New York A 3034: Requires human breast milk banks, companies and cooperatives to comply with certain standards and provides for education and support of certain breastfeeding mothers

Bill Text

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A03034 Summary:

BILL NOA03034 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSRGonzalez-Rojas, Bichotte Hermelyn

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MLTSPNSR

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Add §2505-c, Pub Health L

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

Go to top A03034 Actions:

BILL NOA03034 

&nbsp

01/23/2025referred to health

01/07/2026referred to health

Go to topA03034 Committee&nbspVotes:

Go to topA03034 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03034 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3034

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. SOLAGES, GONZALEZ-ROJAS, BICHOTTE HERMELYN --
 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:

 1 Section 1. The public health law is amended by adding a new section
 2 2505-c to read as follows:
 3 § 2505-c. Breast milk banks. 1. Procuring, processing, storing,
 4 distributing and using human milk for the purpose of infant human
 5 consumption from a nonprofit human breast milk bank is a rendering of a
 6 service and not the sale of human milk for profit or financial gain.
 7 2. A hospital or organization that collects, processes, stores, or
 8 distributes human milk either from a mother exclusively for her own
 9 child or from a mother to nourish a child other than her own shall
 10 comply with the standards, ethical practices and guidelines for collect-
 11 ing, processing, storing, or distributing human milk of the Human Milk
 12 Banking Association of North America unless the department approves
 13 alternate standards.
 14 3. No screening test is required to be performed on human milk
 15 collected from a mother exclusively for her own child.
 16 4. A for-profit human breast milk bank, company, or cooperative that
 17 provides financial compensation or shares in stock for procuring, proc-
 18 essing, distributing, or using human milk for the purpose of human
 19 consumption must comply with the standards, ethical practices and guide-
 20 lines of the Human Milk Banking Association of North America or more
 21 stringent guidelines for safe procurement, processing, storing, or
 22 distribution of human breast milk.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06610-01-5

 A. 3034 2

 1 5. (a) A for-profit human breast milk bank, company, or cooperative
 2 working with breastfeeding mothers in this state can only accept milk
 3 from a mother who is at least one hundred eighty days postpartum.
 4 (b) A for-profit human breast milk bank, company, or cooperative oper-
 5 ating in this state cannot remit payment to a participating mother until
 6 at least twenty-eight days after receipt and acceptance of the expressed
 7 human breast milk.
 8 6. A for-profit human breast milk bank, company, or cooperative shall
 9 work with local, community-based lactation support groups to provide
 10 ongoing breastfeeding education and lactation support for its partic-
 11 ipating mothers to ensure that the needs of the nursing children of
 12 participating mothers are the priority and are adequately nourished by
 13 the mother's own breast milk.
 14 7. A for-profit human breast milk bank, company, or cooperative oper-
 15 ating in this state shall ensure that, at a minimum, fifty percent of
 16 the human breast milk produced by participating mothers in a specific
 17 locality is distributed to hospitals in this state for the hospital's
 18 neonatal intensive care unit or to local nonprofit human breast milk
 19 banks to provide human breast milk for vulnerable premature or ill
 20 infants or for distribution to foster parents or adoptive parents in
 21 this state who wish to provide breast milk for their foster or adoptive
 22 newborn or infant children.
 23 8. A for-profit hu