Chapter 4.75 - Human Milk

California Health and Safety Code — §§ 1647-1648

Sections (2)

Added by Stats. 1999, Ch. 87, Sec. 2. Effective January 1, 2000.

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.

Amended by Stats. 2024, Ch. 975, Sec. 3. (AB 3059) Effective January 1, 2025.

(a)A hospital

collecting, processing, storing, or distributing human milk collected from a mother exclusively for the mother’s own child, or a hospital storing or distributing human milk obtained from a tissue bank that is licensed pursuant to Chapter 4.1 (commencing with Section 1635), is exempt from the requirements of Chapter 4.1 (commencing with Section 1635). Hospitals that collect, process, store, or distribute human milk in any other circumstance shall obtain a tissue bank license pursuant to Chapter 4.1 (commencing with Section 1635).

(b)A hospital that is exempt from tissue bank licensure pursuant to subdivision (a) shall comply with the most

current standards established for the collection, processing, storage, or distribution of human milk by the Human Milk Banking Association of North America or other standards approved by the department.

(c)Notwithstanding any other provision of law, no screening tests shall be required to be performed on human milk collected from a mother exclusively for the mother’s own child.
(d)The department shall assess hospital processes for collecting, processing, storing, or distributing human milk pursuant to its current practice, as required by Chapter 2 (commencing with Section 1250).