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.

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 NECESSARY TO EFFECTUATE THE ADDITION OF 35
PA.C.S. CH. 58A.
(2) THE ACT OF JULY 8, 2007 (P.L.90, NO.28), KNOWN AS
THE FREEDOM TO BREASTFEED ACT, IS REPEALED.
SECTION 3. THE ADDITION OF 35 PA.C.S. CH. 58A IS A
CONTINUATION OF THE ACT OF JULY 8, 2007 (P.L.90, NO.28), KNOWN
AS THE FREEDOM TO BREASTFEED ACT. THE FOLLOWING APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN 35 PA.C.S. CH. 58A,
ALL ACTIVITIES INITIATED UNDER THE FREEDOM TO BREASTFEED ACT
SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE
COMPLETED UNDER 35 PA.C.S. CH. 58A. ORDERS, REGULATIONS,
RULES AND DECISIONS WHICH WERE MADE UNDER THE FREEDOM TO
BREASTFEED ACT AND WHICH ARE IN EFFECT ON THE EFFECTIVE DATE
OF SECTION 2(2) OF THIS ACT SHALL REMAIN IN FULL FORCE AND
EFFECT UNTIL REVOKED, VACATED OR MODIFIED UNDER 35 PA.C.S.
CH. 58A. CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING
AGREEMENTS ENTERED INTO UNDER THE FREEDOM TO BREASTFEED ACT
ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE FREEDOM TO
BREASTFEED ACT.
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(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE
IN LANGUAGE BETWEEN 35 PA.C.S. CH. 58A AND THE FREEDOM TO
BREASTFEED ACT IS INTENDED ONLY TO CONFORM TO THE STYLE OF
THE PENNSYLVANIA CONSOLIDATED STATUTES AND IS NOT INTENDED TO
CHANGE OR AFFECT THE LEGISLATIVE INTENT, JUDICIAL
CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF THE
FREEDOM TO BREASTFEED ACT.
(3) PARAGRAPH (2) DOES NOT APPLY TO THE ADDITION OF THE
FOLLOWING PROVISIONS:
(I) 35 PA.C.S. § 58A02.1.
(II) 35 PA.C.S. § 58A05.
SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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