Is it against the law in California to sell human breast milk?

I need to know if there are any laws prohibiting the sale of human breast milk in California. I know there are many conflicting opinions on this subject, but I'm not asking for anyone's thoughts or opinions. I would just like an answer to my question. Only serious & informed responses please. And please list any sources/references. Thank you.


Milk banks only take donations. I donated to one when I had my last baby, but this time I really need the money and I know alot of people do sell their milk online. I just wanted to know if there were any laws against it.

*Bloom B - Maybe you should've tried reading my question a little more thoroughly before responding.

14 Answers

  • 1 decade ago
    Favorite Answer

    "Right now, only California and New York have restrictions against selling breast milk. But other states are considering legislation to ban the practice." Quote from, According to this, it sounds like it is illegal to sell your breast milk in California.

    And why do some of you find it disgusting? Is cow milk better? Or formula made in factories? Let's not forget about Chinese formula that killed and made ill many, many babies. Human milk banks offer a wonderful and potentially life saving service to babies that are for some reason unable to receive breast milk from their mothers. Google it and educate yourselves before passing judgment.

    Source(s): Found this, too: "In California, anyone storing or shipping breast milk is required to be licensed as a tissue bank or face misdemeanor charges."
  • opp
    Lv 4
    3 years ago

    Selling Breast Milk Legal

  • Anonymous
    4 years ago


  • larry
    Lv 4
    3 years ago

    Human Breast Milk For Sale

  • How do you think about the answers? You can sign in to vote the answer.
  • 5 years ago

    Although states such as California, New York, and Texas have laws pertaining to the procurement and distribution of human milk, these laws pertain to milk donated through a licensed milk bank, and not to individual sellers in the informal “gray” market.


  • 1 decade ago

    I tried to buy breastmilk online, and I googled a lot, without success. I couldn't find any serious website, I seriously don't know anyone who bough or sold brestmilk. When you search online it seems like lots of people buy and sell because there's so much discussion about it, but I seriously never saw any website actually offering the service. I think you would need to find yourself someone in your area who needs breastmilk, you can't really ship it because it's gonna get spoiled.

    It's most likely illegal, only milk banks are allowed. But if you're doing a private transaction with someone, who'se gonna know?

  • 1 decade ago

    I would imagine you would have to go threw an agency for that. its not uncommon to sell breast milk. You can make a lot of money off of it actually. Theres a lot of mothers out there that can't produce it. My mother said that i should look into this after I am done breast feeding my own. Still trying to decide if I want to or not.

  • 1 decade ago

    They have breast milk banks your hospital would know more about it and I don't think they will take the milk unless they check you out. But I'm not sure about it. I know I would not buy breast milk from just anyone.

  • I tried to find it, couldn't.

    I have never heard anything about it being illegal.

    They sell just about anything on Craiglist and Ebay...

    Good luck~ and I hope money situation gets better.

    P.S. you might want to contact the milk banks and get their advice on handling and packaging the milk for transport to whoever buys it!

    Source(s): Mom of 5, gramma of 2 newborns. Former donor/volunteer at Mother's Milk Bank in Denver.
  • 1 decade ago

    Call your local hospital and ask about milk banking and how it works. I know they have milk banks out there, but I'm not sure how it works. I just know that they screen the milk and make sure the milk is safe and stuff like that.

Still have questions? Get your answers by asking now.