Pennsylvania HB 526: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, permitting a mother the freedom to nurse her child in public; and providing that breastfeeding may not be considered a nuisance, indecent exposure, sexual conduct or obscenity.

Bill Text

PRIOR PRINTER'S NO. 519 PRINTER'S NO. 1718
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 526
Session of
2025
INTRODUCED BY O'MARA, MAYES, GUENST, GIRAL, KHAN, HANBIDGE,
FREEMAN, SANCHEZ, MALAGARI, KENYATTA, DONAHUE, HILL-EVANS,
HOHENSTEIN, STEELE, SCHLOSSBERG, DALEY, SHUSTERMAN, GREEN,
FIEDLER, MADDEN, CEPEDA-FREYTIZ, BOYD, CURRY, RABB AND
BRENNAN, FEBRUARY 10, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 14, 2025
AN ACT
Amending the act of July 8, 2007 (P.L.90, No.28), entitled "An
act permitting a mother the freedom to nurse her child in
public; and providing that breastfeeding may not be
considered a nuisance, indecent exposure, sexual conduct or
obscenity," providing for definitions and for private right
of action.
AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, PERMITTING A MOTHER THE FREEDOM TO
NURSE HER CHILD IN PUBLIC; AND PROVIDING THAT BREASTFEEDING
MAY NOT BE CONSIDERED A NUISANCE, INDECENT EXPOSURE, SEXUAL
CONDUCT OR OBSCENITY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 8, 2007 (P.L.90, No.28), known as
the Freedom to Breastfeed Act, is amended by adding sections to
read:
Section 2.1. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Breastfeeding." The process of feeding human milk to a
child, either directly from the breast or by expressing milk
from the breast and bottle-feeding the milk to the child.
Section 5. Private right of action.
An individual whose freedom to breastfeed as provided in this
act has been denied, interfered with or otherwise restricted or
who has experienced retaliation for exercising the freedom to
breastfeed under this act may bring an action in a court of
competent jurisdiction within two years of the violation to:
(1) enjoin future denials, interference and restriction;
(2) recover statutory damages of $1,000 per violation;
(3) recover reasonable attorney fees and litigation
expenses; or
(4) recover any other equitable relief as the court may
determine appropriate to remedy the violation.
Section 2. This act shall take effect in 60 days.
SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 58A
FREEDOM TO BREASTFEED
SEC.
58A01. SCOPE OF CHAPTER.
58A02. DECLARATION OF POLICY.
58A02.1. DEFINITIONS.
58A03. GENERAL RULE.
58A04. FREEDOM TO BREASTFEED.
58A05. PRIVATE RIGHT OF ACTION.
§ 58A01. SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO THE FREEDOM TO BREASTFEED.
§ 58A02. DECLARATION OF POLICY.
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THE GENERAL ASSEMBLY FINDS THAT BREASTFEEDING A BABY IS AN
IMPORTANT AND BASIC ACT OF NURTURING THAT MUST BE PROTECTED IN
THE INTERESTS OF MATERNAL AND CHILD HEALTH AND FAMILY VALUES.
§ 58A02.1. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BREASTFEEDING." THE PROCESS OF FEEDING HUMAN MILK TO A
CHILD, EITHER DIRECTLY FROM THE BREAST OR BY EXPRESSING MILK
FROM THE BREAST AND BOTTLE-FEEDING THE MILK TO THE CHILD.
§ 58A03. GENERAL RULE.
A MOTHER SHALL BE PERMITTED TO BREASTFEED HER CHILD IN ANY
LOCATION, PUBLIC OR PRIVATE, WHERE THE MOTHER AND CHILD ARE
OTHERWISE AUTHORIZED TO BE PRESENT, IRRESPECTIVE OF WHETHER OR
NOT THE MOTHER'S BREAST IS COVERED DURING OR INCIDENTAL TO THE
BREASTFEEDING.
§ 58A04. FREEDOM TO BREASTFEED.
THE ACT OF BREASTFEEDING SHALL NOT BE CONSIDERED:
(1) INDECENT EXPOSURE AS DEFINED IN 18 PA.C.S. § 3127
(RELATING TO INDECENT EXPOSURE).
(2) OPEN LEWDNESS AS DEFINED IN 18 PA.C.S. § 5901
(RELATING TO OPEN LEWDNESS).
(3) OBSCENITY OR SEXUAL CONDUCT AS DEFINED IN 18 PA.C.S.
§ 5903 (RELATING TO OBSCENE AND OTHER SEXUAL MATERIALS AND
PERFORMANCES).
(4) A NUISANCE AS DEFINED IN 18 PA.C.S. § 6504 (RELATING
TO PUBLIC NUISANCES).
§ 58A05. PRIVATE RIGHT OF ACTION.
AN INDIVIDUAL WHOSE FREEDOM TO BREASTFEED AS PROVIDED IN THIS
CHAPTER HAS BEEN DENIED, INTERFERED WITH OR OTHERWISE RESTRICTED
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OR WHO HAS EXPERIENCED RETALIATION FOR EXERCISING THE FREEDOM TO
BREASTFEED UNDER THIS ACT MAY BRING AN ACTION IN A COURT OF
COMPETENT JURISDICTION WITHIN TWO YEARS OF THE VIOLATION TO:
(1) ENJOIN FUTURE DENIALS, INTERFERENCE AND RESTRICTION;
(2) RECOVER STATUTORY DAMAGES OF $1,000 PER VIOLATION;
(3) RECOVER REASONABLE ATTORNEY FEES AND LITIGATION
EXPENSES; OR
(4) RECOVER ANY OTHER EQUITABLE RELIEF AS THE COURT MAY
DETERMINE APPROPRIATE TO REMEDY THE VIOLATION.
SECTION 2. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSAR