2007 California Health and Safety Code Chapter 4.75. Human Milk

CA Codes (hsc:1647-1648)

1647.  The procurement, processing, distribution, or use of human
milk for the purpose of human consumption shall be construed to be,
and is declared to be for all purposes, the rendition of a service by
each and every nonprofit organization and its employees
participating therein, and shall not be construed to be, and is
declared not to be, a sale of the human milk for any purpose or
purposes.


1648.  (a) A hospital that collects, processes, stores, or
distributes human milk collected from a mother exclusively for her
own child shall comply with the most current standards established
for the collection, processing, storage, or distribution of human
milk by the Human Milk Banking Association of North America until or
unless the department approves alternative standards.
   (b) A hospital shall be exempt from the requirements of Chapter
4.1 (commencing with Section 1635) for the purpose of collecting,
processing, storing, or distributing human milk collected from a
mother exclusively for her own child.
   (c) Notwithstanding any other provision of law, no screening tests
shall be required to be performed on human milk collected from a
mother exclusively for her own child.
   (d) The department shall assess hospital processes for collecting,
processing, storing, or distributing human milk pursuant to its
current practice, as required by Chapter 2 (commencing with Section
1250).
   (e) This section does not apply to any hospital that collects,
processes, stores, or distributes milk from human milk banks or other
outside sources.