PROHIBIT INTERNET SALE

OF HUMAN BREAST MILK

House Bill 4691 as introduced

Sponsor:  Rep. Erika Geiss

Committee:  Health Policy

Complete to 8-30-16

SUMMARY:

House Bill 4691 would amend the Food Law to prohibit a person from knowingly selling, for valuable consideration, the sale of human breast milk over the Internet.  The bill would take effect 90 days after being enacted into law.

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Under the Food Law, unless a specific penalty is provided, a person who violates any provision of the act or rules promulgated under the act is guilty of a misdemeanor, punishable by a fine of not less than $250 or more than $2,500, or by imprisonment for not more than 90 days, or both.

Proposed MCL 289.5104

BACKGROUND:

           

This bill is understood to address sale of human milk on websites such as "Only the Breast," a site which uses a classified advertising format, on which nursing mothers can sell breast milk. These sites allow people to advertise milk from women with specific diets (gluten-free, vegan) or specific-aged children (based on the premise that breast milk provides different nutrients based on the nursing child's age) for approximately $1-3/oz (a baby's consumption peaks at about 30 ounces a day).  Breast milk is considered more nutritious for the child and as a protection against certain diseases, such as asthma, ear infections, and gastrointestinal distress.  Because some women are unable to produce the necessary amount, there is a large and growing market for the sale of breast milk.

However, critics say these websites operate with virtually no regulation.  Human milk sold online is not likely to be screened for infectious diseases, such as HIV, or contamination by nicotine, alcohol, prescription drugs, or illegal drugs.  Also, it may not be handled using sanitized equipment and containers, stored at the correct temperature, or transported to ensure freshness.  Accordingly, the United States Food and Drug Administration[1] and the American Academy of Pediatrics (AAP)[2] recommend against feeding infants milk acquired over the internet.  A 2013 study published in the AAP journal found that 74% of milk samples purchased over the internet for the study contained bacteria such as those colloquially referred to as staph, strep, salmonella, and E.coli.[3]  Approximately 10% also contained cow's milk.[4]  Consumption of cow's milk is not recommended until an infant is a year old. 

FISCAL IMPACT:

The bill adds a new misdemeanor. Misdemeanor convictions would increase costs related to county jails and/or local misdemeanor probation supervision.  The costs of local incarceration in a county jail and local misdemeanor probation supervision vary by jurisdiction.  Misdemeanor fines go to public libraries

                                                                                        Legislative Analyst:   Jenny McInerney    

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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