Human Breast Milk Bank Regulation

Current understanding

SB 0724 (103rd Legislature) would create a new Michigan act to regulate human breast milk banks, companies, and cooperatives, establishing a licensing or oversight framework where none currently exists in state statute. The bill is tie-barred to SB 0726 and was introduced. Donors, recipient families (particularly infants requiring donor milk), and milk bank operators would be affected by the new regulatory regime.

Evidence log

• 2025-12-03 — Criminal procedure: sentencing guidelines; sentencing guidelines for crimes involving the provision of adulterated or raw human milk for human consumption; provide for. Amends sec. 12m, ch. XVII of 1927 PA 175 (MCL 777.12m). TIE BAR WITH: SB 0724’25: cross-connection with adulterated-raw-human-milk-offense: The new criminal offense for adulterated/raw human milk provision sits alongside Michigan’s human breast milk bank regulatory framework, defining the boundary between licensed milk banking and unregulated/adulterated distribution. (novelty: 2)
• 2025-12-03 — Human services: medical services; medical assistance coverage for donor human milk; require under certain conditions. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 109y.: cross-connection with medicaid-donor-human-milk-coverage: A Medicaid coverage mandate for donor human milk would create a payer pathway for products dispensed by human milk banks regulated under the separate breast milk bank statute. (novelty: 3)

Open questions

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