Esta ley enmienda la Ley Núm. 168 de 4 de mayo de 1949 para garantizar que las áreas accesibles designadas para la lactancia materna en centros comerciales, puertos, aeropuertos y centros gubernamentales de servicio público ofrezcan privacidad, seguridad e higiene, prohibiendo expresamente que coincidan con los baños.
(Approved September 23, 2004)
To add a second paragraph to subsection (1) of Section 1A of Act No. 168 of May 4, 1949, as amended, to expressly establish that the accessible areas designed for breastfeeding referred to in this Act shall guarantee privacy, security and hygiene to the breastfeeding mother, and that such areas shall not coincide with the physical space destined for 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.- A second paragraph is hereby added to subsection (1) of Section 1A of Act No. 168 of May 4, 1949, as amended, to read as follows: "Section 1A.-Equipment of Areas for Breastfeeding and Diaper Changing
(1) The Regulations and Permits Administration is hereby empowered and directed to adopt regulations, which shall provide that in shopping malls, ports, airports and public service government centers there shall be accessible areas designed for breastfeeding and diaper changing of children. The accessible areas designed for breastfeeding referred to in this Section shall guarantee privacy, security and hygiene for the breastfeeding mother. Such areas shall not coincide with the area or physical space destined for sanitary services, commonly known as bathrooms. (2) ... (3) ...
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 456 (S.B. 2357) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a second paragraph to subsection (1) of Section 1A of Act No. 168 of May 4, 1949, as amended, to expressly establish that the accessible areas designed for breastfeeding referred to in this Act shall guarantee privacy, security and hygiene to the breastfeeding mother, and that such areas shall not coincide with the physical space destined for 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