Utah



Public Breastfeeding Law

17-15-25. Right to breast feed.
The county legislative body may not prohibit a woman’s breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.

[NOTE: This creates no state law. It merely forbids counties creating ordinances forbidding public breastfeeding.]

Offenses Against Public Health, Safety, Welfare, and Morals
Section 1229.5
Breast feeding is not violation of this part.
76-10-1229.5. Breast feeding is not violation of this part.
A woman’s breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a violation of this part, irrespective of whether or not the breast is covered during or incidental to feeding.

[Exempts breastfeeding from criminal indecency law]

Enforcement Provision

None.

Workplace Pumping Law

None

Enforcement Provision

None



13 Responses to “Utah”

  1. Ashlee says:

    I have had 2 children that I have breastfed while living in Utah. Both of which I was employed PT or FT and had to pump. My employers were both agreeable and allowed me a private office and the time to breastfeed/pump throughout the work day. It made my choice to continue breastfeeding until at least 1 year old easier and more convenient.

  2. Alicia says:

    When I went back to work after having my first baby I was given space to pump so I could continue breastfeeding, but I had to do it during my breaks which where short and lunch. later they took away the private space and I had to go use a bathroom . looks like we need laws in utah to allow women the time and space here to pump.

    • Erica says:

      Actually, that is a law. In general, I don’t support Obamacare, but I was pleasantly surprised to find out that Obama did sign into law that women who are breast feeding (for one year after the birth of a child) must be provided with sufficient breaks and a space other than the bathroom to breast pump.

  3. Sherry S. says:

    I work in direct sales. I was doing an event today and in less than a minute of starting to breastfeed my almost exclusively breastfed baby, I was asked to stop, go to the bathroom or a hidden corner where no one would see me. I was told I could also go outside to my car. I know the law and know I am legally allowed to nurse where I am allowed to be. I informed them of my rights, also had the law pulled up on my phone, they did not care. Said I was breaching my contract with them, but nowhere in the contract states I could not nurse my baby. I informed them I would probably only need to feed him 2-3 times both days. 5 minutes or so each time.

    The event coordinator and building owner informed me I was breaking the law, being disrespectful, harming my business and theirs. They were bullying me to not feed him. They finally said I could just cover up but my baby wont, he is 13 months old.

    After leaving the building for a while, we talked to the police to make sure we were with in our rights to leave, as the owner stated I could not take my property and leave. They also refused to refund my money. Stating there was a no refund policy in the contract, again, there was not one.

    I cant seem to find a lawyer local, who I can talk to about this case though. I just want my money back, and possibly them to change their contract. This also is not the first time they have done this, I have info from one other who can not feed her infant there.

    • admin says:

      Please read Utah’s public breastfeeding law on this page. In fact it does not create a right to breastfeed wherever you legally allowed to be. It is merely an exemption from public indecency law. :(

      • Kit says:

        So it’s like the amendment about guns, the right shall not be infringed. I’ve always understood that since the right to breastfeed cannot legally be infringed, then you do in fact have the right to breastfeed anywhere you legally have the right to be. That’s always the way I’ve heard the Utah law explained. I’ve always understood that Utah had one of the best breastfeeding policies of all the states.

        • admin says:

          No. Utah has one of the weakest public breastfeeding laws. It does not create a right to breastfeed in public. You have definitely been misinformed. On the bright side, Utah has one of the highest breastfeeding rates in the country and the fewest complaints of breastfeeding harassment.

  4. I don’t understand? So any business can create their own rules prohibiting breastfeeding but the state laws can’t?
    Raquel Salazar recently posted..Why Is An Enforcement Provision Important?My Profile

    • admin says:

      Unless state or federal law overrides the owner’s right to decide who enters the business, the owner can prohibit any behavior. State can as well under most circumstances.

  5. Cam says:

    http://www.deseretnews.com/article/525037306/Breast-feeding-mom-has-law-on-her-side.html?pg=all

    Sounds like the law is on your side to me Sherry.

    A law passed in 1995 says a business “may not prohibit a woman’s breast-feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast-feeding.”

    • admin says:

      Please note that Utah’s law has no enforcement provision. There is nothing a breastfeeding person to do if this law is violated.

  6. Allen says:

    First of all, thanks for making this site and being so responsive with comments! It’s quite informative. The reason I came here was because of this article: http://www.huffingtonpost.com/julia-wykes/the-disturbing-trend-i-noticed-when-my-breastfeeding-story-went-viral_b_5551589.html At the very end she mentions that breastfeeding is “a legally protected right”, so thought I’d look it up myself.

    My wife and I are currently students here in Utah, and it looks like we unfortunately don’t have any rights at all. Do you know of any initiatives or other ways to push legislation that will create more rights for breastfeeding in Utah? Or what about nation-wide intitiatives?

  7. Bonnie says:

    My sister was asked to cover up or go to a private place at a free summer lunch program at a middle school. Are they in their right to do that? She only lifts her shirt barely above the nipple, right before the feeding, to let her baby eat and covers up quickly after.

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