New Jersey



Public Breastfeeding Law

26:4B-4. Right to breast feed in public

2. Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of public accommodation, resort or amusement wherein the mother is otherwise permitted.

L.1997,c.101,s.2.

Enforcement Provision

26:4B-5. Enforcement, violations, penalties

3. a. The local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect a violation of this act has occurred shall, by written notification, advise the owner, manager or other person having control of the public accommodation, resort or amusement of the initial complaint and of the penalties for any subsequent complaints. Thereupon, any owner, manager or other person having control of the public accommodation, resort or amusement receiving such notice who knowingly fails or refuses to comply with the provisions of this act is subject to a fine not to exceed $25.00 for the first offense following initial notification and not to exceed $100.00 for the second offense and not to exceed $200.00 for each offense thereafter. When there exists no local board of health or such board, body or officers having the authority to exercise the functions of the local board of health according to law in the municipality in which a violation of this act has allegedly occurred, the State Department of Health and Senior Services shall exercise the functions of the local boards of health for purposes of this act.

b. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

c. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with “the penalty enforcement law,” N.J.S.2A:58-1 et seq. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff.

L.1997,c.101,s.3.

Workplace Pumping Law

None

Enforcement Provision

None



11 Responses to “New Jersey”

  1. Rene says:

    Since there is no state law protecting my right to pump at work, does Federal Law prevail in the absence of any state law?

    • admin says:

      Federal law would either trump or be available to you. However, current federal law is of no use to you.

  2. brad says:

    My wife works for a large gas/convenience store chain. Her managers do not provide a room free of intrusion, or even the break times that the company said she would have when hired.she works 8 hr shifts and her milk supply is dwindling. What should she do to get them to comply with federal law? If they refuse to comply could she file for a lawsuits?

    • admin says:

      Take a look at the page here on the federal law. Other than filing a complaint with the federal Department of Labor – which does not have the authority to sanction unless your wife is fired – there is nothing she can do. As for filing a lawsuit, there is no private right of action under the federal law. Meaning there is no right to file a lawsuit. So there may be very little she can do legally. However I strongly recommend she work with an IBCLC if she isn’t already. There are strategies that might help her maintain her supply even given this terrible work situation.

      • brad says:

        i think you should take steps to try to pass a bill that any laws dealing with personal rights needs to have an enforcement provision attached. i believe this is very important since the laws dont really matter if they can not be enforced. i would try this myself but i dont know the first thing about anything political or bill passing. if americans could get such a bill passed it would greatly help for all people suffering from their rights being stepped on.

  3. […]  Many states have laws protecting breastfeeding mothers, too.  In New Jersey, here is a link to Jake Marcus, JD about breastfeeding law in our state.  Hat tip to Jake for taking the time to put it together! […]

  4. Mel says:

    Are breastfeeding moms excused or postponed from jury duty? In New Jersey?

  5. Caroline says:

    While the law protects breastfeeding, does it also apply when asked to cover-up?

  6. Chris says:

    My wife was eating at McDonalds when our 6 week old needed to eat. She decidedto go to the restroom to be private. She was harassedby employees the while time she was feeding. one employee even demandeddemanded to she her feeding or she would call police and have her arrested for doing drugs.What are we able to do?