Illegal to sell Breastmilk? - Mothering Forums

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Old 11-04-2007, 11:37 PM - Thread Starter
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Someone mentioned that they had heard that it was illegal to sell breastmilk but they haven't been able to find any confirmation for that yet, it's just something they heard and took at face value until being questioned about it. I know there are some lactivist lawyers who pop in and out so I thought I would ask here and see if anyone knew anything more about this. Thanks!!
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Old 11-05-2007, 11:04 AM
 
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Looks to be legal in Iowa - http://www.foxnews.com/story/0,2933,308003,00.html

Me, my Sweetie , DD 1 (Dec 07),  and DD 2 (Dec 09). Co-sleeping, delayed-vaxing, quia Lutherans!
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Old 11-05-2007, 12:46 PM
 
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I don't know that its illegal but I know some people think you should only donate it....
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Old 11-05-2007, 01:05 PM
 
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According to the article, Iowa law doesn't specify legality of the sale of breastmilk either way, so in my book, that means it's not illegal.
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Old 11-05-2007, 08:50 PM
 
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i sold and shipped my milk to someone in kentucky. i worked hard to pump my milk and storage supplies cost. i used the money for our household expenses. it is illegal to sell breast milk in california.

Lisa wife to Ronne and mom to 4 kids ,Thomas 4/92, Amanda 9/99, Christopher 8/06 & Nathaniel 5/08.
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Old 11-05-2007, 09:51 PM
 
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The National Organ Transplant Act of 1984 excludes replenishable tissue and body products (hair, fluids, etc.) from the prohibition against buying and selling human tissue. So in the absence of any state laws specifically banning the sale, it is legal sell breast milk.

The California ban applies, I believe, to private parties selling raw (unpasteurized) breast milk.
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Old 11-05-2007, 10:24 PM
 
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Originally Posted by ulla View Post
The [SIZE=-1]The California ban applies, I believe, to private parties selling raw (unpasteurized) breast milk.
That's interesting. Isn't Prolacta based in California?
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Old 11-06-2007, 12:29 AM
 
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That's interesting. Isn't Prolacta based in California?
Yes, it is, but Prolacta is a corporation subject to FDA and local health department regulations and it sells pasteurized breast milk products.
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Old 11-06-2007, 01:26 AM
 
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I'm the lawyer who keeps asking for someone to post a citation to the law. I still haven't seen one. Prolacta's website says it is regulated by the FDA, which makes sense. Since I keep track of all breastfeeding laws in a fairly OCD-like fashion, I'd really appreciate the info if anyone has a law or regulation cite. PM me if you like.

Thanks.

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Old 11-06-2007, 04:44 PM
 
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Yes, it is, but Prolacta is a corporation subject to FDA and local health department regulations and it sells pasteurized breast milk products.
My point was more that California is the only state that has any law specific to the sale of breastmilk, and that law forbids the sale person to person of unpasturized breastmilk (maybe...as Jake pointed out, there have been no official citings). It seems nicely convenient for Prolacta to be in the only state that has this (possible) law. I would be interested to learn if the CA law exists, when it was put on the books, and who pushed it through. I would almost bet money that it coincides with the time that Prolacta opened business.
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Old 11-06-2007, 07:28 PM - Thread Starter
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Originally Posted by mamajake View Post
I'm the lawyer who keeps asking for someone to post a citation to the law. I still haven't seen one. Prolacta's website says it is regulated by the FDA, which makes sense. Since I keep track of all breastfeeding laws in a fairly OCD-like fashion, I'd really appreciate the info if anyone has a law or regulation cite. PM me if you like.

Thanks.
The person who first brought it up hasn't come up with anything yet either. She heard it from someone and took it as the truth until she was questioned for a source. If anything does pop up I'll make sure and let you know. And thank you for chiming in, I was hoping you'd see this since I know you are very up to date on all of the laws, current and pending, WRT BFing.
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Old 11-06-2007, 07:45 PM
 
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Originally Posted by My4Boys View Post
My point was more that California is the only state that has any law specific to the sale of breastmilk, and that law forbids the sale person to person of unpasturized breastmilk (maybe...as Jake pointed out, there have been no official citings). It seems nicely convenient for Prolacta to be in the only state that has this (possible) law. I would be interested to learn if the CA law exists, when it was put on the books, and who pushed it through. I would almost bet money that it coincides with the time that Prolacta opened business.
Excellent point. Good thinking, fellow lactivist.

Also: stupid laws/rules/proclamations deserve to be broken. Or bent. Or at the very least, challenged. Rule of thumb, of course.
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