Bill Text: NY A05390 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - referred to health [A05390 Detail]

Download: New_York-2023-A05390-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5390

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2023
                                       ___________

        Introduced by M. of A. SOLAGES, GONZALEZ-ROJAS -- 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.
                                                                   LBD05398-01-3
        A. 5390                             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 human breast milk bank operating in this  state  shall
    24  conduct  an  annual audit, at its own expense, that clearly demonstrates
    25  whether or not the distribution of breast milk collected  complies  with
    26  the  requirements  of  subdivision  six  of this section. The for-profit
    27  human breast milk bank shall submit a report with the  findings  of  the
    28  audit to the department no later than January thirty-first, two thousand
    29  twenty-five and every January thirty-first annually thereafter.
    30    9.  A  for-profit human breast milk bank that does not comply with the
    31  provisions of subdivision eight of this section shall be responsible for
    32  a fine to be determined by the  commissioner.    The  comptroller  shall
    33  credit  the  money  from  such fines to the department for use in infant
    34  mortality prevention projects.
    35    10. The provisions of this section shall not apply to mother-to-mother
    36  milk sharing groups.
    37    § 2. This act shall take effect on the first of January next  succeed-
    38  ing the date upon which it shall have become a law.