MS Breastfeeding Support and Equity Act; create to revise and strengthen statutes supporting and promoting.

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To: Public Health and Human
Services; Business and
Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Anderson (110th)

HOUSE BILL NO. 1094

AN ACT TO BE KNOWN AS THE MISSISSIPPI BREASTFEEDING SUPPORT 1
AND EQUITY ACT; TO AMEND SECTIONS 41-135-1 AND 41-135-3, 2
MISSISSIPPI CODE OF 1972, TO REVISE THE LEGISLATIVE FINDINGS AND 3
INTENT AND DEFINITIONS FOR THE PURPOSES OF THE STATUTES SUPPORTING 4
AND PROMOTING BREASTFEEDING; TO AMEND SECTION 41-135-5, 5
MISSISSIPPI CODE OF 1972, TO REQUIRE MATERNAL HEALTH CARE 6
FACILITIES TO ADOPT AN INFANT FEEDING POLICY THAT SUPPORTS AND 7
PROMOTES BREASTFEEDING; TO REQUIRE MATERNAL HEALTH CARE FACILITIES 8
TO PROVIDE COUNSELING TO THE MOTHER ABOUT BREASTFEEDING BEFORE 9
DISCHARGE; TO AMEND SECTION 41-135-7, MISSISSIPPI CODE OF 1972, TO 10
REQUIRE ALL MATERNAL HEALTH CARE FACILITIES TO POST A COPY OF THE 11
"BREASTFEEDING IN MISSISSIPPI: GUIDELINES" CONSPICUOUSLY IN A 12
PUBLIC PLACE ON THEIR PREMISES; TO REQUIRE THAT THOSE GUIDELINES 13
INCLUDE CERTAIN STATEMENTS; TO AMEND SECTION 41-135-9, MISSISSIPPI 14
CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO PROVIDE 15
THE VIDEO PREPARED BY THE DEPARTMENT WHICH CONTAINS INFORMATION 16
ABOUT THE IMPORTANCE OF BREASTFEEDING INFANTS TO OTHER STATE 17
AGENCIES THAT PROVIDE BENEFITS TO WOMEN OF CHILDBEARING AGE; TO 18
CREATE NEW SECTION 41-135-11, MISSISSIPPI CODE OF 1972, TO REQUIRE 19
EMPLOYERS TO PROVIDE EMPLOYEES WITH A REASONABLE BREAK TIME AND A 20
PRIVATE SPACE TO EXPRESS MILK DURING WORK HOURS; TO AMEND SECTION 21
17-25-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS A 22
MISDEMEANOR FOR ANY PERSON TO VIOLATE A MOTHER'S RIGHT TO 23
BREASTFEED HER CHILD IN ANY LOCATION WHERE SHE IS OTHERWISE 24
AUTHORIZED TO BE; TO AMEND SECTIONS 43-20-31 AND 71-1-55, 25
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS 26
ACT; AND FOR RELATED PURPOSES. 27
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 28
SECTION 1. This act shall be known and may be cited as the 29
"Mississippi Breastfeeding Support and Equity Act". 30
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SECTION 2. Section 41-135-1, Mississippi Code of 1972, is 31
amended as follows: 32
41-135-1. (1) The Legislature of the State of Mississippi 33
acknowledges that extensive research demonstrates the wide-ranging 34
and compelling benefits of breastfeeding for infants, mothers, 35
families * * *, communities, businesses and the state, including: 36
(a) Numerous health benefits to the child, such as 37
lower incidences of SIDS, childhood obesity, asthma, allergies and 38
diabetes as well as increased intelligence and parental 39
attachment; 40
(b) Numerous health benefits to the mother, such 41
as * * * significantly reduced risk of breast cancer, ovarian 42
cancer, uterine cancer, postpartum * * * depression, osteoporosis 43
and reduced rates of obesity through increased postpartum weight 44
loss; * * * 45
(c) Significant economic and social benefits to the 46
state, such as reduced health care costs * * * and reduced 47
employee absenteeism for care attributable to child illness, as 48
well as * * * significant economic benefits to families, as the 49
United States Surgeon General estimates that the average family 50
can save * * * nearly One Thousand Five Hundred Dollars 51
($1,500.00) during a baby's first year of life * * * using optimal 52
breastfeeding * * * practices, in addition to reduced medical 53
costs and lost wages attributable to child illness; 54
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(d) Significant benefits to businesses and employers, 55
including reduced health care costs, reduced employee absenteeism 56
attributable to child illness, improved employee productivity, 57
higher morale, and improved ability to attract and retain valuable 58
employees; 59
(e) Significant economic benefits to the state through 60
health care savings, estimated between Thirty-six Million Dollars 61
($36,000,000.00) to One Hundred Thirty Million Dollars 62
($130,000,000.00) annually, if Mississippi adopts recommended 63
breastfeeding practices. 64
(2) The Legislature also recognizes that, despite these 65
numerous benefits provided at no cost, * * * Mississippi still has 66
one of the lowest breastfeeding rates in the country, and * * * 67
mothers in Mississippi face many barriers to breastfeeding, 68
including social stigma, lack of * * * education, * * * and lack 69
of support. 70
(3) Therefore, the Legislature declares the intent of this 71
chapter is to create policies that will support and promote 72
breastfeeding in Mississippi, specifically by: * * * 73
(a) Educating mothers about the benefits of 74
breastfeeding and their rights as a breastfeeding mother * * *; 75
(b) Ensuring that maternal health care facilities and 76
employers become places of breastfeeding support and have policies 77
to facilitate a mother's choice to breastfeed; and 78
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(c) Removing the social stigma of breastfeeding through 79
increased protections of existing breastfeeding rights. 80
SECTION 3. Section 41-135-3, Mississippi Code of 1972, is 81
amended as follows: 82
41-135-3. As used in this chapter, the following words and 83
phrases have the meanings as defined in this section: 84
( * * *a) "Breastfeeding in Mississippi: Guidelines" 85
is the statement of rights required by Section 41-135-7. 86
(b) "Employer" means a person engaged in business who 87
has one or more employees and includes the state and its political 88
subdivisions. 89
( * * *c) "Maternal health care facility" means any 90
facility that provides prenatal or perinatal care, including, but 91
not limited to, hospitals, clinics, pediatric offices, and 92
other * * * physical facilities. 93
( * * *d) "Maternal health care provider" means any 94
physician, nurse or other authorized practitioner that attends to 95
pregnant women and mothers of infants. 96
( * * *e) "Perinatal" means the period from twenty-two 97
(22) weeks of gestation to twenty-eight (28) days after birth. 98
( * * *f) "Prenatal" means the period between 99
conception to birth. 100
( * * *g) "Public place" means a place of * * * high 101
patient traffic within the maternal health care facility such as a 102
lobby area or waiting room. 103
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(h) "Reasonable effort" means any effort that does not 104
impose an undue hardship on the operation of the employer's 105
business. 106
(i) "Undue hardship" means any action that requires 107
significant difficulty or expense when considered in relation to 108
factors such as the size of the business, its financial resources, 109
and the nature and structure of its operation. 110
SECTION 4. Section 41-135-5, Mississippi Code of 1972, is 111
amended as follows: 112
41-135-5. It is important that all Mississippi maternal 113
health care facilities become places of breastfeeding support, as 114
the information they disseminate and the support they provide to 115
their patients often determine whether or not a mother chooses or 116
is able to breastfeed. Therefore: 117
( * * *a) * * * All maternal health care facilities 118
shall adopt an infant feeding policy that promotes and supports 119
breastfeeding. * * * Infant feeding policies adopted under this 120
section shall include guidance on the use of formula: ( * * *i) 121
for medically necessary supplementation; ( * * *ii) if preferred 122
by the mother; or ( * * *iii) when exclusive breastfeeding is not 123
advised for the mother and/or infant. 124
( * * *b) * * * This breastfeeding infant feeding 125
policy * * * shall be written down and all relevant * * * maternal 126
health care facility personnel, including, but not limited to, 127
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obstetric and neonatal staff, * * * shall be trained in the 128
necessary skills to implement the adopted policy. 129
( * * *c) * * * Maternal health care facilities shall 130
make a copy of their breastfeeding infant feeding policy available 131
to the State Department of Health. 132
(d) Maternal health care facilities shall provide 133
counseling to the mother about breastfeeding before discharge from 134
the facility, and provide their patients with resources available 135
to them after discharge. 136
SECTION 5. Section 41-135-7, Mississippi Code of 1972, is 137
amended as follows: 138
41-135-7. (1) * * * All maternal health care facilities in 139
the state * * * shall post a copy of the * * * "Breastfeeding in 140
Mississippi: Guidelines" conspicuously in a public place * * * on 141
their premises, and the copy shall be of an adequate size and font 142
so as to be easily read by all visitors and/or patients within the 143
room or space. 144
(2) The "Breastfeeding in Mississippi: Guidelines" shall 145
include the following statements: 146
(a) Breast milk provides the best source of nutrition 147
for infants, supplying the perfect mix of vitamins and immunities 148
that a child needs to grow and thrive. 149
(b) Know the benefits: 150
(i) Breastfed babies are generally healthier and 151
have significantly lower risks of illnesses such as diabetes, ear 152
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infections, allergies, asthma and obesity, and breastfeeding has 153
been linked to higher IQs in children. 154
(ii) Breastfed babies have a much lower risk of 155
sudden infant death syndrome (SIDS). 156
(iii) Mothers also benefit from breastfeeding, 157
having significantly lower risks of breast cancer, ovarian cancer, 158
uterine cancer and postpartum depression. 159
(iv) Even breastfeeding as short as the first week 160
can have a positive health impact on a child. 161
(c) Know the law: 162
(i) A mother has the right to breastfeed in any 163
location, public or private, where she is otherwise authorized to 164
be, which includes hospitals, playgrounds, restaurants, and/or 165
stores. 166
(ii) A mother may breastfeed openly without 167
covering herself if she chooses and doing so is not considered 168
indecent and is not punishable by law. 169
(iii) An employer may not discriminate against a 170
person for using their designated break time to pump or nurse a 171
child. 172
(iv) Parents may request that maternal health care 173
facility staff not feed their baby formula or use pacifiers unless 174
medically necessary. 175
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(v) Parents may request that their baby be brought 176
to them at any time during their maternal health care facility 177
stay for regular feedings. 178
( * * *3) The State Department of Health shall make 179
available to every maternal health care provider and maternal 180
health care facility, via its website, a template copy of 181
the * * * guidelines for use within their facilities. * * * 182
Maternal health care providers and maternal health care facilities 183
are free to choose whether to use the Department of Health 184
template or develop their own copy as long as it includes the 185
specific text outlined in subsection (2) of this section and later 186
updates and comports to the visibility requirements in subsection 187
(1) of this section. 188
( * * *4) The State Department of Health shall revise the 189
"Breastfeeding in Mississippi: Guidelines" as needed to reflect 190
advances in research regarding breastfeeding and to incorporate 191
any additional rights of breastfeeding mothers as * * * later 192
granted by the * * * Legislature, and * * * maternal health care 193
facilities shall post the revised version of the "Breastfeeding in 194
Mississippi: Guidelines" within three (3) months of its updated 195
publishing. 196
( * * *5) The State Board of Health shall adopt any rules 197
and regulations necessary to ensure the display of these * * * 198
guidelines. 199
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SECTION 6. Section 41-135-9, Mississippi Code of 1972, is 200
amended as follows: 201
41-135-9. The State Department of Health shall prepare a 202
video in an appropriate medium for presentation in offices of the 203
department in which the department provides benefits to women of 204
childbearing age, which shall provide information about the 205
importance of breastfeeding infants. Applicants for and 206
recipients of any such benefits provided by the department may 207
view the video in the offices of the department. The 208
department * * * shall provide the video to other state agencies 209
that provide benefits to women of childbearing age, for 210
appropriate use by those agencies. 211
SECTION 7. The following shall be codified as Section 212
41-135-11, Mississippi Code of 1972: 213
41-135-11. Encouraging and promoting breastfeeding provides 214
significant benefits to both employees and employers. (1) All 215
employers shall provide reasonable paid or unpaid break time for 216
an employee who needs to express breast milk for her child. 217
(2) To the extent possible, break times must run 218
concurrently with any paid break time. 219
(3) An employer shall make reasonable effort to provide a 220
private, secure, sanitary room or other location in close 221
proximity to the work area, other than a bathroom or toilet stall, 222
where employees can express milk, and this space must include 223
access to an electrical outlet. 224
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(4) Employers may not discriminate against, discipline, or 225
take adverse action against an employee because she has elected to 226
exercise her right under this section. 227
SECTION 8. Section 17-25-9, Mississippi Code of 1972, is 228
amended as follows: 229
17-25-9. (1) A mother may breastfeed her child in any 230
location, public or private, where the mother is otherwise 231
authorized to be, without respect to whether the mother's breast 232
or any part of it is covered during or incidental to the 233
breastfeeding. 234
(2) Any corporation, manager, agency or person who violates 235
this section is guilty of a misdemeanor and, upon conviction, 236
shall be fined not less than Twenty-five Dollars ($25.00) nor more 237
than Two Hundred Fifty Dollars ($250.00) for each offense. 238
SECTION 9. Section 43-20-31, Mississippi Code of 1972, is 239
amended as follows: 240
43-20-31. The Department of Health shall promulgate 241
regulations to ensure that licensed child care facilities shall be 242
required to comply with the following: 243
(a) Breastfeeding mothers, including employees, shall 244
be provided a sanitary place that is not a toilet stall to 245
breastfeed their children or express milk. This area shall 246
provide an electrical outlet, comfortable chair, and nearby access 247
to running water. 248
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ST: MS Breastfeeding Support and Equity Act;
create to revise and strengthen statutes
supporting and promoting.
(b) A refrigerator will be made available for storage 249
of expressed breast milk following guidelines from the American 250
Academy of Pediatrics and Centers for Disease Control in ensuring 251
that breast milk is properly treated to avoid waste. Universal 252
precautions are not required in handling human milk. 253
(c) Staff shall be trained in the safe and proper 254
storage and handling of human milk. 255
(d) Breastfeeding promotion information will be 256
displayed in order to positively promote breastfeeding to the 257
clients of the facility. 258
(e) The requirements of Section 41-135-11 and such 259
other requirements as the Board of Health finds desirable or 260
necessary to promote and protect breastfeeding. 261
SECTION 10. Section 71-1-55, Mississippi Code of 1972, is 262
amended as follows: 263
71-1-55. No employer shall prohibit an employee from 264
expressing breast milk during any meal period or other break 265
period provided by the employer. In addition, each employer shall 266
comply with the requirements of Section 41-135-11. 267
SECTION 11. This act shall take effect and be in force from 268
and after July 1, 2026. 269