CHAPTER 10

FORMERLY

HOUSE BILL NO. 31

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO INFANT NUTRITION, AND PROVIDING FOR AN INFANT NUTRITION ACT.

WHEREAS, the Surgeon General of the United States recommends that babies from birth to one year of age should be breast-fed, unless medically contraindicated, in order to achieve a healthy start on life; and

WHEREAS, breast milk strengthens the immune system of babies, improves digestion and is of better nutritional value than regular milk; and

WHEREAS, despite the Surgeon General's recommendation, statistics reveal a declining number of women are choosing to breast-feed their children, and nearly half of all new mothers are now choosing formula over breast milk even before they leave the hospital; and

WHEREAS, the social constraints of modem society impede a woman's choice to breast-feed due to embarrassment and the lack of public acceptance; and

WHEREAS, in the best interest of the state to recognize breast-feeding in places of public accommodation as an important right which must be encouraged in order to promote child health.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

SECTION 1. Amend Chapter 3, Title 31 of the Delaware Code by adding thereto a new section, designated as § 312, which new section shall read as follows:

"§ 312 Breast-feeding, Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation, wherein the mother is otherwise permitted."

Approved April 7, 1997