Section 5020 - Exemptions(a) General rule.--Notwithstanding the definitions of "donor" and "donor milk" under section 3, the department may exempt a milk bank from the requirement that donors provide donor milk voluntarily and for no remuneration. In Order to be granted this exemption, the milk bank must satisfy the following:
(1) The milk bank may not sell, donate or distribute donor milk and donor-milk-derived products for which the donor has been remunerated without testing for controlled substances as determined by the department. the department may, at any time, require additional testing for donor milk and donor-milk-derived products.(2) The milk bank may not sell, donate or distribute donor milk and donor-milk-derived products for which the donor has been remunerated without obtaining medical verification that the donor's biological infant is achieving adequate growth.(3) The milk bank must meet or exceed any additional standards required by the department reasonably necessary to protect public health and the recipient of the donor milk, the donor and the donor's baby.(b) Construction.--If the milk bank is exempt under subsection (a), the donor of the human milk shall be considered a "donor" as defined in section 3 and the human milk provided by the donor shall be considered "donor milk" as defined in section 3.(c) Penalties.--A violation of this section shall constitute a misdemeanor of the third degree.(d)Applicability.--The provisions of subsection (a)(1) and (2) shall not apply to milk banks that do not remunerate donors.Added by P.L. TBD 2020 No. 7, § 10, eff. 8/10/2020.