Breastfeeding Laws

  • BREASTFEEDING IN PUBLIC PLACES — NMSA 1978, Section 28-20-1 (1999) makes it legal for a mother to breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
  • USE OF A BREAST PUMP IN THE WORKPLACE — NMSA 1978, Section 28-20-2 (amended 2007) requires employers to provide flexible break time, and a clean, private space, not a bathroom, in order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace.

Past Breastfeeding Bills

HB 156: Health Coverage for Milk Donations (NM Legislature, Regular Session, 2017)

Relating to health coverage; enacting sections of the health care purchasing act, the public assistance act, the New Mexico insurance code, the health maintenance organization law and the nonprofit health care plan law to require coverage for donor human milk for at-risk infants in hospital settings.

To follow the progress of HB 156, click here

To read the Fact Sheet, click here

Status: Passed two House committees, but was not heard on the House floor


HB 277/SB 293: Lactation Policies for Female Inmates (NM Legislature, Regular Session, 2017)

Relating to incarcerated women; requiring correctional facilities to develop and implement policies for lactating inmates.

To follow the progress of HB 277, click here

To follow the progress of SB 293, click here

To read the Fact Sheet, click here

Status: Pocket Veto; NM Association of Counties has agreed to include a lactation policy requirement into the accreditation standards for each county correctional facility.


SB 277: Release of Incarcerated Pregnant Women (NM Legislature, Regular Session, 2017)

Relating to incarcerated women; providing for the release of women who are expecting a child or lactating.

To follow the progress of SB 277, click here

To view the Fact Sheet, click here

Status: Pocket Veto


Health Care for Immigrants in New Mexico

Resource List for Immigrants & Healthcare (english)

Help us Advocate

We are working toward paid family leave, enforcement of the WHO International Code of Marketing of Breastmilk Substitutes, and supportive local, state, and federal laws on breastfeeding in the workplace.

What You Can Do

  • Sign up to receive issue specific advocacy updates here
  • Become a member of our Advocacy & Policy Committee (set breastfeeding advocacy priorities, help draft legislation, participate in strategy sessions, attend committee hearings, meet with legislators, etc.)
  • Contact your legislators and/or the governor about issues on the NMBTF Advocacy Agenda here
  • Organize your community to respond to breastfeeding related advocacy priorities (e.g. send out an action alert, organize a rally/press conference, invite people to join you for a visit with an elected official)
  • Follow the New Mexico Breastfeeding Task Force on Facebook
  • Follow the New Mexico Breastfeeding Task Force on Twitter
  • Contribute a post to the NMBTF and/or share a post on your personal page
  • Join our mailing list to receive our quarterly newsletter here
  • Provide financial support here
  • Invite a speaker from NMBTF to visit your community organization here
  • Become a NMBTF member
  • Attend our annual NMBTF Conference
  • Request a press packet here