South Dakota

Breastfeeding in South Dakota is supported by various laws, programs, and resources designed to ensure that parents can breastfeed their infants safely and comfortably, whether at home, in public, or at work.

Legal Protections for Breastfeeding

Right to Breastfeed in Public: In South Dakota, mothers have the legal right to breastfeed their child in any public or private location where they are authorized to be present. This protection is enshrined in South Dakota Codified Law § 25-5-35, which states that no municipality may outright ban breastfeeding in public places.

Exemption from Indecency Laws: Breastfeeding mothers in South Dakota are exempt from indecency laws, ensuring they can nurse their children without fear of violating public decency statutes.
Exemption from Jury Duty: Mothers who are breastfeeding a baby younger than one year may be exempt from jury duty upon submitting a written notice requesting an exemption to the clerk of court Learn More

Workplace Protections for Breastfeeding

Federal Protections: Under the federal Fair Labor Standards Act (FLSA), employers are required to provide reasonable break times and a private, non-bathroom space for employees to express breast milk during the workday. This ensures that breastfeeding employees have the opportunity to pump milk as needed.

State Policies: While South Dakota does not have additional state-level workplace lactation accommodation laws, the South Dakota Board of Regents has implemented a policy to provide private lactation spaces and appropriate break periods for the expression of milk for its employees. Learn More

Support for Breastfeeding Families

South Dakota WIC Program: The Women, Infants, and Children (WIC) program in South Dakota emphasizes supporting and promoting breastfeeding as the optimal feeding choice for infants. Trained staff provide guidance, education, and support to breastfeeding mothers, including assistance with common breastfeeding challenges and access to breast pumps if needed.

Breastfeeding Peer Counseling: The South Dakota Breastfeeding Peer Counseling Program offers free support to WIC participants. Peer counselors—women from the WIC community with personal breastfeeding experience and specialized training—assist mothers with breastfeeding, providing support through phone, email, and text.
Hospital Lactation Consultants: Many hospitals and clinics in South Dakota have lactation consultants available to assist new mothers with breastfeeding. These professionals offer one-on-one support, advice on latch and positioning, and guidance on overcoming common breastfeeding challenges.

Education and Awareness

Community Support Groups: South Dakota communities have prioritized breastfeeding by offering support groups and classes to help mothers overcome barriers and breastfeed longer. For example, the WIC program provides breastfeeding preparation classes and lactation conversations via Zoom for pregnant or breastfeeding parents. Learn More

Public Health Initiatives: The South Dakota Department of Health promotes breastfeeding through various public health initiatives, recognizing its significant health benefits for both mothers and babies. In acknowledgment of the importance of breastfeeding, the state has proclaimed August as Breastfeeding Awareness Month. Learn More
These laws and programs aim to support breastfeeding parents in South Dakota, ensuring they have the necessary resources and protections to successfully breastfeed their children.