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AB-532 Human milk.(1999-2000)

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AB532:v96#DOCUMENT

Assembly Bill No. 532
CHAPTER 87

An act to add Chapter 4.75 (commencing with Section 1647) to Division 2 of the Health and Safety Code, relating to human milk.

[ Filed with Secretary of State  July 12, 1999. Approved by Governor  July 12, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 532, Lempert. Human milk.
Existing law provides that the procurement, processing, distribution, or use of whole blood, plasma, blood products, and blood derivatives for specified purposes constitutes the rendition of a service, and not a sale of the whole blood, plasma, blood products, or blood derivatives for any purpose.
This bill would apply similar provisions to the procurement, processing, distribution, or use of human milk for human consumption.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Extensive research, particularly in recent years, documents diverse and compelling advantages to infants, mothers, families, and society, as a result of breast feeding, and the use of human milk for infant feeding, including health, nutritional, immunologic, developmental, psychological, social, economic, and environmental benefits.
(b) Milk banks play a critical role in serving the needs of ill or premature infants whose mothers are unable to supply their own milk, due to illness or use of medication. Many of these infants cannot tolerate any type of formula, and would not survive without banked human milk.
(c) Milk banks follow strict procedures and protocols for milk collection, processing, storage, and distribution, and are licensed as tissue banks by the State Department of Health Services.
(d) The high cost of liability insurance places a heavy burden on existing milk banks, and has significantly impeded the creation of new ones.
(e) Section 1606 of the Health and Safety Code provides that the procurement, processing, distribution, and use of human whole blood and whole blood derivatives is the rendition of a service. It is the intent of the Legislature to consider nonprofit milk banks to be providing a service, with respect to the procurement, processing, distribution, and use of human milk.

SEC. 2.

 Chapter 4.75 (commencing with Section 1647) is added to Division 2 of the Health and Safety Code, to read:
CHAPTER  4.75. Human Milk

1647.
 The procurement, processing, distribution, or use of human milk for the purpose of human consumption shall be construed to be, and is declared to be for all purposes, the rendition of a service by each and every nonprofit organization and its employees participating therein, and shall not be construed to be, and is declared not to be, a sale of the human milk for any purpose or purposes.