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Weinberg, Cruz-Perez Bill to Establish Standards for Donated Breast Milk Now Law

Senator Majority Leader Weinberg and Senator Cruz-Perez

Requires Registration, Accreditation of Milk Banks Providing Milk to NJ


TRENTON – Legislation sponsored by Senate Majority Leader Loretta Weinberg and Senator Nilsa Cruz-Perez to ensure the safety of donated breast milk delivered to health care settings in New Jersey is now law. The law will establish standards for human milk banks that donate milk to a hospital in the state, and for milk banks seeking to operate in New Jersey.


“Research shows that breast milk contains nutritional elements that are important to an infant’s health. For mothers who cannot produce it or have low lactation, breast milk sharing has become an increasingly common practice,” said Senator Weinberg. “This is part of the effort to ensure that milk provided to new mothers and, ultimately, to their babies is safe. It will establish uniform standards for human milk banks that are delivering milk to hospitals in the state, and for any banks that want to operate here.”


The law (S-974) will require that human milk banks seeking to operate in New Jersey, or providing donated milk to hospitals in the state, be registered with the state Department of Health and accredited by the department under accreditation standards established by DOH.


As defined in the legislation, “human milk bank” means an organized service that provides for the selection of a donor of human breast milk, the collection, processing, storage and marketing of donated human breast milk and the distribution of donated human breast milk to a hospital for use by low birth weight babies or new mothers with delayed lactation, or directly to a parent, with a physician’s prescription order, who is unable to nurse, or is in need of additional breast milk to feed the parent’s child.


“The benefits of human breast milk as the primary source of food and nutrition for infants are well established. We want to be sure that when this product is provided to new mothers in the state it is safe,” said Senator Cruz-Perez (D-Camden). “This creates oversight measures for human breast milk that is being used in our hospitals but also establishes guidelines and standards for milk banks going forward.”


The law will require the department to inspect each human milk bank operating in the state at least once every five years. The department would be authorized to revoke accreditation if an on-site inspection reveals that the human milk bank is not in compliance with the DOH’s accreditation requirements and guidelines.


DOH would be authorized to institute a civil action to enjoin the operation of a human milk bank whenever the commissioner determines that safety hazards exist or a milk bank is not complying with the provisions of the law. Violators of the act would be subject to financial penalties.


The bill was approved in the Senate by a vote of 38-0. The Assembly approved it 73-0. The governor signed it today.