S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5390
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  The  public health law is amended by adding a new section
 2505-c to read as follows:
   § 2505-C.  BREAST  MILK  BANKS.  1.  PROCURING,  PROCESSING,  STORING,
 DISTRIBUTING  AND  USING  HUMAN  MILK  FOR  THE  PURPOSE OF INFANT HUMAN
 CONSUMPTION FROM A NONPROFIT HUMAN BREAST MILK BANK IS A RENDERING OF  A
 SERVICE AND NOT THE SALE OF HUMAN MILK FOR PROFIT OR FINANCIAL GAIN.
   2.  A  HOSPITAL  OR  ORGANIZATION THAT COLLECTS, PROCESSES, STORES, OR
 DISTRIBUTES HUMAN MILK EITHER FROM A  MOTHER  EXCLUSIVELY  FOR  HER  OWN
 CHILD  OR  FROM  A  MOTHER  TO  NOURISH A CHILD OTHER THAN HER OWN SHALL
 COMPLY WITH THE STANDARDS, ETHICAL PRACTICES AND GUIDELINES FOR COLLECT-
 ING, PROCESSING, STORING, OR DISTRIBUTING HUMAN MILK OF THE  HUMAN  MILK
 BANKING  ASSOCIATION  OF  NORTH  AMERICA  UNLESS THE DEPARTMENT APPROVES
 ALTERNATE STANDARDS.
   3. NO SCREENING TEST  IS  REQUIRED  TO  BE  PERFORMED  ON  HUMAN  MILK
 COLLECTED FROM A MOTHER EXCLUSIVELY FOR HER OWN CHILD.
   4.  A  FOR-PROFIT HUMAN BREAST MILK BANK, COMPANY, OR COOPERATIVE THAT
 PROVIDES FINANCIAL COMPENSATION OR SHARES IN STOCK FOR PROCURING,  PROC-
 ESSING,  DISTRIBUTING,  OR  USING  HUMAN  MILK  FOR THE PURPOSE OF HUMAN
 CONSUMPTION MUST COMPLY WITH THE STANDARDS, ETHICAL PRACTICES AND GUIDE-
 LINES OF THE HUMAN MILK BANKING ASSOCIATION OF  NORTH  AMERICA  OR  MORE
 STRINGENT  GUIDELINES  FOR  SAFE  PROCUREMENT,  PROCESSING,  STORING, OR
 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
              

 
   5. (A) A FOR-PROFIT HUMAN BREAST MILK BANK,  COMPANY,  OR  COOPERATIVE
 WORKING  WITH  BREASTFEEDING  MOTHERS IN THIS STATE CAN ONLY ACCEPT MILK
 FROM A MOTHER WHO IS AT LEAST ONE HUNDRED EIGHTY DAYS POSTPARTUM.
   (B) A FOR-PROFIT HUMAN BREAST MILK BANK, COMPANY, OR COOPERATIVE OPER-
 ATING IN THIS STATE CANNOT REMIT PAYMENT TO A PARTICIPATING MOTHER UNTIL
 AT LEAST TWENTY-EIGHT DAYS AFTER RECEIPT AND ACCEPTANCE OF THE EXPRESSED
 HUMAN BREAST MILK.
   6.  A FOR-PROFIT HUMAN BREAST MILK BANK, COMPANY, OR COOPERATIVE SHALL
 WORK WITH LOCAL, COMMUNITY-BASED LACTATION  SUPPORT  GROUPS  TO  PROVIDE
 ONGOING  BREASTFEEDING  EDUCATION  AND LACTATION SUPPORT FOR ITS PARTIC-
 IPATING MOTHERS TO ENSURE THAT THE NEEDS  OF  THE  NURSING  CHILDREN  OF
 PARTICIPATING  MOTHERS  ARE THE PRIORITY AND ARE ADEQUATELY NOURISHED BY
 THE MOTHER'S OWN BREAST MILK.
   7. A FOR-PROFIT HUMAN BREAST MILK BANK, COMPANY, OR COOPERATIVE  OPER-
 ATING  IN  THIS  STATE SHALL ENSURE THAT, AT A MINIMUM, FIFTY PERCENT OF
 THE HUMAN BREAST MILK PRODUCED BY PARTICIPATING MOTHERS  IN  A  SPECIFIC
 LOCALITY  IS  DISTRIBUTED  TO HOSPITALS IN THIS STATE FOR THE HOSPITAL'S
 NEONATAL INTENSIVE CARE UNIT OR TO LOCAL  NONPROFIT  HUMAN  BREAST  MILK
 BANKS  TO  PROVIDE  HUMAN  BREAST  MILK  FOR VULNERABLE PREMATURE OR ILL
 INFANTS OR FOR DISTRIBUTION TO FOSTER PARENTS  OR  ADOPTIVE  PARENTS  IN
 THIS  STATE WHO WISH TO PROVIDE BREAST MILK FOR THEIR FOSTER OR ADOPTIVE
 NEWBORN OR INFANT CHILDREN.
   8. A FOR-PROFIT HUMAN BREAST MILK BANK OPERATING IN THIS  STATE  SHALL
 CONDUCT  AN  ANNUAL AUDIT, AT ITS OWN EXPENSE, THAT CLEARLY DEMONSTRATES
 WHETHER OR NOT THE DISTRIBUTION OF BREAST MILK COLLECTED  COMPLIES  WITH
 THE  REQUIREMENTS  OF  SUBDIVISION  SIX  OF THIS SECTION. THE FOR-PROFIT
 HUMAN BREAST MILK BANK SHALL SUBMIT A REPORT WITH THE  FINDINGS  OF  THE
 AUDIT TO THE DEPARTMENT NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
 TWENTY-FIVE AND EVERY JANUARY THIRTY-FIRST ANNUALLY THEREAFTER.
   9.  A  FOR-PROFIT HUMAN BREAST MILK BANK THAT DOES NOT COMPLY WITH THE
 PROVISIONS OF SUBDIVISION EIGHT OF THIS SECTION SHALL BE RESPONSIBLE FOR
 A FINE TO BE DETERMINED BY THE  COMMISSIONER.    THE  COMPTROLLER  SHALL
 CREDIT  THE  MONEY  FROM  SUCH FINES TO THE DEPARTMENT FOR USE IN INFANT
 MORTALITY PREVENTION PROJECTS.
   10. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO MOTHER-TO-MOTHER
 MILK SHARING GROUPS.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.