Esta ley enmienda la Ley Núm. 155 de 10 de agosto de 2002 para establecer expresamente que el área o espacio físico destinado a la lactancia materna no podrá coincidir con el área o espacio físico destinado a los servicios sanitarios (baños). La ley busca garantizar un espacio adecuado e higiénico para la lactancia, reconociendo sus beneficios para la salud de la madre y el bebé.
(Approved September 23, 2004)
To add Section 2A to Act No. 155 of August 10, 2002, to expressly establish that the area or physical space for breastfeeding to which said Act refers shall not coincide with the area or physical space destined for the sanitary services, commonly known as bathrooms.
Breastfeeding has been recognized as the single best infant feeding method. Its benefits for the physical and mental health of children are unequalled. Recent studies show that physical deficiencies such as diarrhea, respiratory diseases, malnutrition, ear and urine infections, vitamin A deficiency and mortality, among others, may be reduced with breastfeeding, because the mother's milk contains antibodies that prevent such conditions.
Breastfeeding may also have positive consequences for the health of the mother, since it reduces the risk of anemia, breast and ovarian cancer and osteoporosis in old age. In addition to the physical health benefits for both the mother and child, breastfeeding has psychological and social advantages that are very particular, because it helps in the development of a closer bond between the mother and the infant.
In view of the importance of breastfeeding for the health of the newborn as well as the mother, a series of laws pertaining to breastfeeding have been approved in Puerto Rico. To wit: Act No. 32 of January 10, 1999, which requires shopping malls, government centers, ports and airports to designate areas for breastfeeding and diaper changing of infants; Act No. 427 of December 16, 2000, which
regulates the period granted to working mothers to breastfeed or to express breast milk during working hours; Act No. 31 of January 30, 2002, which excludes breastfeeding mothers from jury duty; Act No. 155 of August 10, 2002, which directs the Departments Secretaries, Agency Executive Directors, Presidents of Public Corporations and the Directors and Administrators of the public instrumentalities of the Government of the Commonwealth of Puerto Rico to designate areas for breastfeeding that safeguard the right to privacy of all breastfeeding mothers in the workplace.
However, it is imperative, in view of the fact that breastfeeding is a feeding process, that the area designated for such shall be adequate and hygienic. Under no circumstances may said area coincide with the area designated for sanitary services or changing the diapers of infants. It cannot be allowed that infants be fed in an area which it is not recommended for a conscious person, adolescent or adult, among others, to ingest food due to its high count of bacteria, despite the maintenance of said area.
Therefore, in the same manner that adequate and hygienic areas are promoted for the feeding of adult persons, it is necessary to have equal protection for our infants, especially when fed naturally, namely, breastfed. It is necessary to expressly establish such a prohibition in the Act amended herein, to avoid any doubt, including subterfuge to prevent faithful compliance with said Act.
Section 1.- Section 2A is hereby added to Act No. 155 of August 10, 2002, to read as follows: "Section 2A.- The area or physical space for breastfeeding to which this Act refers shall not coincide with the area or physical space destined for the sanitary services, commonly referred to as bathrooms."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 455 (S.B. 2356) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add Section 2A to Act No. 155 of August 10, 2002, to expressly establish that the area or physical space for breastfeeding to which said Act refers shall not coincide with the area or physical space destined for the sanitary services, commonly known as bathrooms, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 7th of April of 2006.
Francisco J. Domenech Director