HB 526 — 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.

PRINTER'S NO.   519

                     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 AND BOYD, FEBRUARY 10, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2025


                                    AN ACT
 1   Amending the act of July 8, 2007 (P.L.90, No.28), entitled "An
 2      act permitting a mother the freedom to nurse her child in
 3      public; and providing that breastfeeding may not be
 4      considered a nuisance, indecent exposure, sexual conduct or
 5      obscenity," providing for definitions and for private right
 6      of action.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of July 8, 2007 (P.L.90, No.28), known as
10   the Freedom to Breastfeed Act, is amended by adding sections to
11   read:
12   Section 2.1.    Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Breastfeeding."    The process of feeding human milk to a
17   child, either directly from the breast or by expressing milk
18   from the breast and bottle-feeding the milk to the child.
19   Section 5.   Private right of action.
 1      An individual whose freedom to breastfeed as provided in this
 2   act has been denied, interfered with or otherwise restricted or
 3   who has experienced retaliation for exercising the freedom to
 4   breastfeed under this act may bring an action in a court of
 5   competent jurisdiction within two years of the violation to:
 6          (1)   enjoin future denials, interference and restriction;
 7          (2)   recover statutory damages of $1,000 per violation;
 8          (3)   recover reasonable attorney fees and litigation
 9      expenses; or
10          (4)   recover any other equitable relief as the court may
11      determine appropriate to remedy the violation.
12      Section 2.   This act shall take effect in 60 days.




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