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


Workplace Pumping Law

Effective 5/12/2015
34-49-202. Reasonable breaks and private room required.
(a) A public employer shall:
(i) provide for at least one year after the birth of a public employee’s child reasonable breaks for each time the public employee needs to breast feed or express milk; and
(ii) consult with the public employee to determine the frequency and duration of the breaks.
(b) A break required under Subsection (1)(a) shall, to the extent possible, run concurrent with any other break period otherwise provided to the public employee.
(a) A public employer shall provide for a public employee a room or other location in close proximity to the public employee’s work area.
(b) The room described in Subsection (2)(a):
(i) may not be a bathroom or toilet stall; and
(ii) shall:
(A) be maintained in a clean and sanitary condition;
(B) provide privacy shielded from the view of and intrusion from coworkers or the public;
(C) be available at the times and for a duration required by the public employee as determined in consultation with the public employee under Subsection (1)(a)(ii); and
(D) have an electrical outlet.
(i) Notwithstanding Subsection (2)(a), an employer is not required to comply with the requirements of Subsections (2)(a) and (b) if compliance would create an undue hardship on the operations of the employer.
(ii) For purposes of Subsection (2)(c)(i), an undue hardship is a requirement that would cause the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s operations.
(3) A public employer shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of the public employee’s breast milk.

Effective 5/12/2015
34-49-203. Policies.
A public employer shall adopt written policies that:
(1) support breastfeeding; and
(2) identify the means by which the public employer will comply with Section 34-49-202.

Enacted by Chapter 156, 2015 General Session

Effective 5/12/2015
34-49-204. Discrimination prohibited.
A public employer may not refuse to hire, promote, discharge, demote, or terminate a person, or may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified because the person breastfeeds or expresses milk in the workplace.

Enforcement Provision


19 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.

      • admin says:

        Please read the page on federal law to understand why the federal law under the Affordable Care Act is unenforceable unless the woman is fired and then she can only recover lost wages.

  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?

    • 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:


    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?

    • admin says:

      You can see if Utah has a breastfeeding coalition. You can also start your own movement. Through Facebook you can find the people who have successfully organized and made legal change in Michigan most recently.

  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.

  8. gioia says:

    I know you may have answered this somewhere already. I’ve tried to read as much as I can about this. However it is still confusing to me. I work hourly job at in-n-out burger in Utah and trying to pump at work has been a nightmare. I’ve tried pumping in my car, which for late night shifts the darkmess helps conceal things, but when i work a day shift its too awkward and embarrassing to try and sit in your car(which doesn’t have tinted windows) and manage holding a nursing cover while juggling the pumps. All of this while tons of auto and pedestrian traffic in this busy shopping center can witness. The locker room we have is tiny, no room for even a chair and the bathrooms would be a disgusting option. I only get a 10 minute break for every six hour shift, and that is not even enough time to get set up it seems. I really feel so defeated about all this. How can something so neccesary and natural be treated so ignorantly? I plan on calling our HR department because it is a great company, but thier literally is no physical location at the store where pumping is possible. I guess what i don’t understand is how the federal law has no effect on utah, because they simply choose to not address this law? I know I am lacking crucial knowledge with how a lot of this works, but I thought federal law superseded state laws…so why doesn’t utah have to provide time and a place for breastfeeding? Even if there is no enforcement provision to it, what good is federal law if states seem to opt out so easily? Also…please forgive me for my lack of knowledge I’m trying to learn about all this and i am just barely getting started with all this.

    • admin says:

      Federal law absolutely applies in Utah. The problem with the federal law is that there is no enforcement provision. Utah did not and can not opt-out of federal law. If you have not already informed your employer of federal law or filed a complaint with the federal Department of Labor, you should do so. However, when push comes to shove, Congress did not include a mode of enforcement in this provision.

  9. Cooper says:

    If a church respectfully requests that nursing mothers use the provided nursery, and provide live color TV and audio for the mother to watch the worship service are they in violate of Federal or Utah law?