Join Date: Sep 2006
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Our laws here in MN are pretty good (among the best, I guess)...though I still think they could be improved. As far as I know, there are no enforcement provisions like fines, etc.
|Public Act 093-0942, SB 3211, enacted August 16, 2004.
Section 15. Private right of action. A woman who has been denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship, may bring an action to enjoin future denials of the right to breastfeed. If the woman prevails in her suit, she shall be awarded reasonable attorney's fees and reasonable expenses of litigation.
3. a. The local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect a violation of this act has occurred shall, by written notification, advise the owner, manager or other person having control of the public accommodation, resort or amusement of the initial complaint and of the penalties for any subsequent complaints. Thereupon, any owner, manager or other person having control of the public accommodation, resort or amusement receiving such notice who knowingly fails or refuses to comply with the provisions of this act is subject to a fine not to exceed $25.00 for the first offense following initial notification and not to exceed $100.00 for the second offense and not to exceed $200.00 for each offense thereafter. When there exists no local board of health or such board, body or officers having the authority to exercise the functions of the local board of health according to law in the municipality in which a violation of this act has allegedly occurred, the State Department of Health and Senior Services shall exercise the functions of the local boards of heath for purposes of this act.
b. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.
c. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "the penalty enforcement law," N.J.S.2A:58-1 et seq. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff.
|Conn. Gen. Stat. § 46a-64, and § 53-34b
1997 Ct. ALS 210; 1997 Ct. P.A. 210; 1997 Ct. SB 260
Section 46a-64 provides: (Formerly Sec. 53-35). Discriminatory public accommodations practices prohibited.
(a) It shall be a discriminatory practice in violation of this section ... (3) for a place of public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child; ... (c) Any person who violates any provision of this section shall be fined not less than twenty-five nor more than one hundred dollars or imprisoned not more than thirty days or both.
|HRS §489-21, HRS §489-22
§489-21 Discriminatory practices; breast feeding.
It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breast feeding a child.
§489- 22 Private cause of action.
Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.
Note that Section 489-23 states that the Hawaii civil rights commission does not have jurisdiction to enforce the law relating to breastfeeding.
|The period granted to breastfeed or to express breast milk is hereby regulated by granting working mothers who return to work after enjoying maternity leave the opportunity to nurse their children for a half (1/2) hour during each full-time working day, a period which may be divided into two fifteen (15) minute sessions, to go to where the child to be breastfed is being cared for, should the company or employer have a child care center in its facilities, or to express breast milk at the place provided for such purposes in the workplace.
(Dec. 16, 2000, No. 427, § 3, eff. 90 days after Dec. 16, 2000.)
|(a) With the mission to maximize and develop the physical, mental and social development of all mothers, children, and their families, it is hereby decreed that it is the public policy of the Commonwealth of Puerto Rico to develop the return to the practice of breastfeeding and to sponsor the benefits for health in such activity.
The Commonwealth of Puerto Rico hereby sets forth as public policy:
(1) To develop breastfeeding as the best method for feeding the newborn infant.
(2) To support the observation of the following elements in all facilities that render health services to mothers and children:
(A) A favorable attitude and ambiance in which breastfeeding may be effectively developed.
(B) Personnel that is capable and skilled in breastfeeding to render orientation, education, support and assistance in the practice of breastfeeding to the population that requests pregnancy health services.
(C) The sponsoring of the topic of breastfeeding in prenatal orientation and education programs for pregnant women and their relatives.
(D) The breastfeeding topic within the guidance and prenatal production program to pregnant women and their family.
(E) Support and assistance during the post-partum period for women who breastfeed.
(3) To coordinate the rendering of services and support in activities for the development of breastfeeding.
(4) To acknowledge the responsibility of all health providers to recognize, respect and protect a mother's right to choose and perform breastfeeding, even when same needs to return to the workplace.
(5) To coordinate with other public and private sector agencies for the development of breastfeeding.
(b) Upon the approval of this act, August of each year is hereby declared as "Breastfeeding Awareness Month" in Puerto Rico. Likewise, the first week of August is hereby designated as "World Breastfeeding Week" in Puerto Rico.
(c) The Governor of the Commonwealth of Puerto Rico, by means of [a] proclamation published through all news and broadcasting media, shall exhort the Puerto Rican community to hold activities in behalf of the practice of breastfeeding and to develop ways to support collective awareness of such activity.
(d) The Governor of the Commonwealth of Puerto Rico, in coordination with the Department of Health, the Office of the Women's Advocate, and all professional associations and organizations related to breastfeeding shall hereby hold annual activities pursuant to the purposes of this section.
(Aug. 22, 2003, No. 200, §§ 1-4.)
|(1) The Regulations and Permits Administration is hereby empowered and directed to adopt regulations, which shall provide that in shopping malls, ports, airports and public service government centers there shall be accessible areas designed for breastfeeding and diaper changing of children. The accessible areas designed for breastfeeding referred to in this section shall guarantee privacy, security and hygiene for the breastfeeding mother. Such areas shall not coincide with the area or physical space destined for sanitary services, commonly known as bathrooms.
(2) Every existing shopping mall that has a commercial area greater than one hundred thousand (100,000) square feet, shall be bound to provide areas for breastfeeding and diaper changing within twelve (12) months from the date of approval of this act. The strip centers or groups of abutting stores without common access that exist at the time of approval of this act, shall not be required to comply with this legislation. Every new shopping mall to be built, regardless of its classification, must provide areas for breastfeeding and diaper changing in their premises.
(3) All Commonwealth or municipal, public service government centers shall be subject to the provisions of this chapter, and in the case of the existing centers, they shall provide areas outfitted to breastfeed and change diapers within twelve (12) months from the date of its approval. All terminals in Luis Munoz-Marin Airport, Juan Morell-Campos (Mercedita) Airport in Ponce, and Rafael Hernandez Airport in Aguadilla, and all maritime terminals in San Juan, Catano, Fajardo, Vieques and Culebra shall be subject to the provisions of this chapter, and shall provide areas for breastfeeding and diaper changing within twelve (12) months from the approval of this act. Those airports and maritime port terminals not indicated herein are expressly excluded from the effects of this chapter. However, any new terminal to be built in airports that have four (4) or more boarding exits shall comply with the provisions of this chapter.
(4) [Providing, That] and reaffirming that every breastfeeding mother has the right to nurse her children in any place of public access, whether or not in these places are areas designated for breastfeeding.
(May 4, 1949, No. 168, added as § 1A on Jan. 10, 1999, No. 32, § 1; Sept. 23, 2004, No. 456, § 1; June 3, 2005, No. 17, § 1.)
|(a) Public policy
(1) It is hereby confirmed as the public policy of the Commonwealth of Puerto Rico, through the Department of Health, and in accordance with the public policies established by the Department of Health and Human Services of the United States; the World Health Organization and the United Nations Children's Fund (UNICEF), the importance of increasing the breastfeeding practice. The Surgeon General of the United States recommends that newborn children until the age of one (1) year be breastfed, except if it has been medically contraindicated, to propitiate that children achieve an optimal health condition from the time of their birth.
(2) It has been shown that breast milk provides a better nutrition and higher immunity against diseases, is better to digest, and may increase the children's IQ. Some sectors of society are against the promotion of breastfeeding. Likewise, the demands of modern life force new mothers who have a busy work schedule to choose formula or artificial milk to feed their babies. On occasions, some mothers are ashamed and even fear social repudiation or criminal accusation if they breastfeed their children in public.
(3) It is hereby declared that the promotion of family values and the health of infants demands that our society put a stop to the vicious cycles of shame and ignorance of men and women regarding breastfeeding, and in the genuine interest of promoting family values, our society shall encourage public acceptance of the most basic natural act between a mother and her child. This Legislature rejects that any mother should feel discriminated for breastfeeding her child.
(b) The right to breastfeed Notwithstanding any contrary precept of law, a mother may breastfeed her child in any public or private recreational place.
(c) Breastfeeding, prohibition of discriminatory practices Any direct or indirect act of exclusion, alienation, restriction, segregation, limitation, rejection, or any other act or practice of differentiation, including denying a person the total enjoyment of goods, services, facilities, privileges, advantages, and accommodations in any public or private place which she attends, whether it is visited by the public or used for recreation, based on the fact that a mother is breastfeeding her child, shall constitute a discriminatory practice prohibited by §§ 3518--3518b of this title.
(d) Breastfeeding is not a violation to the law A mother breastfeeding her child in any place, whether public or private, in where the mother is otherwise authorized to be, shall not be deemed as indecent exposure, obscene act or other punishable action established in similar articles that comprise these conducts in the Penal Code of Puerto Rico, or other legal precept of penal or civil nature.
(Apr. 23, 2004, No. 95, § 1.)
|Any nursing mother denied by her employer the period granted by this chapter to breastfeed or to express breast milk may resort to the pertinent forum to demand that her rights be upheld. The forum with jurisdiction may impose a fine to the employer who refuses to uphold the right herein established for the damages suffered by the employee. Said fine may be equal to three times the salary paid to said employee for each day she was denied the period to nurse or express breast milk.
(Dec. 16, 2000, No. 427, § 10, eff. 90 days after Dec. 16, 2000.)
|(a) It is prohibited in the jurisdiction of the Commonwealth of Puerto Rico, for maternity centers, care centers, or gynecologic, pediatric or obstetric offices that treat women who are six (6) months pregnant or over, or children less than one (1) year of age, to administer maternal milk substitutes, glucose serum, water, or any other food or drink other than maternal milk to newborn babies and infants, without prior written medical authorization, or the express written consent of the mother, father or tutor. A mother who wants maternal milk substitutes to be fed to the newborn may also state her consent in writing at any time after childbirth. In the event of a medical emergency in which there has been no express written consent authorization by the mother, the prior medical authorization may be replaced by a subsequent authorization that refers to the possibility of an emergency.
(b) Doctors shall not authorize the use of said foods or beverages unless it is recommended by the best medical practices and to benefit the health of the infant.
(c) The Department of Health shall prepare brochures that clearly describe the provisions of this act within ninety (90) days of its approval, and shall make them available in maternity wards, care centers and offices of gynecologists and obstetricians; the materials shall be placed in visible areas in maternity service centers to be seen by all visitors and patients who are waiting or resting. Maternity wards, care centers and offices of gynecologists and obstetricians shall place said informative materials within one hundred twenty (120) days after the effective date of this act.
(Mar. 13, 2004, No. 79, § 3.)
§ 3517b. Penalties.
The Department of Health, through the Assistant Secretary of Health Facilities Certification and Regulation may impose fines of up to two thousand (2,000) dollars for each act of noncompliance with §§ 3517--3517b of this title, following the applicable procedures set forth in the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3. Said fine shall never be less than five hundred (500) dollars.
(Mar. 13, 2004, No. 79, § 4.)
I'm crunchy... Like a Dorito.
Mama to Sprout 4.09 and Bruises 7.11 handfasted to 9.07
nicole, wife & very blessed mom of 2 fun boys '03 & '05 & sweet girl '10. Due 1-6-13