Section 5012 - Legislative intentThe General Assembly finds and declares as follows:
(1) A mother's own milk is the optimal nutrition for newborn infants and is a public health goal for the delivery of food to all infants.(2) Medically vulnerable infants, including those born prematurely, with low birth weights or with congenital or acquired conditions, derive significant health benefits from receiving human milk.(3) Necrotizing enterocolitis is a devastating complication that may result in partial or complete destruction of the intestinal lining and may lead to both short-term and life-long health consequences, including premature death. An all-human-milk diet can significantly lower the risk of necrotizing enterocolitis in medically vulnerable infants, including those born prematurely.(4) Mothers of medically vulnerable babies often face unique obstacles to producing enough milk for their babies. When a mother's own milk is not available, donor human milk can provide a lifesaving health benefit for high-risk infants as a supplement or bridge when determined to be medically necessary.(5) The American Academy of Pediatrics is a strong and vocal proponent of the use of donor human milk for medically fragile newborns when provided through properly regulated milk banks.(6) Children with a wide range of congenital or acquired conditions may benefit from the use of donor human milk as a component of treatment for their medical conditions when their mother's own milk is unavailable or cannot meet all of their needs.(7) The use of donor milk is safe when appropriate measures are used to screen donors and collect, store and process the milk for distribution through milk banks licensed by the Department of Health.(8) Banked donor milk is predominantly pasteurized to inactivate pathogens, tested for chemicals or substances that could be injurious to high-risk infants and frozen for storage and shipping. Human milk donors are carefully medically screened and blood tested to ensure they are healthy and that the DONOR milk is free from any infectious diseases or substances that could be harmful to high-risk infants. Added by P.L. TBD 2020 No. 7, § 2, eff. 8/10/2020.