2015 -- S 0367 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     

     Introduced By: Senators Sosnowski, Goldin, Ottiano, Nesselbush, and Satchell

     Date Introduced: February 25, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

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hereby amended by adding thereto the following section:

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     16-21-7.1. Unhealthy food and beverage advertising prohibited in schools. – (a)

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Except as provided in subsection (b) of this section, a school district shall prohibit at any school

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within the district:

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     (1) The advertising of any food or beverage that may not be sold on the school campus

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during the school day. For purposes of this section, food and beverages that may not be sold on

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the school campus during the school day are those that do not meet the minimum nutrition

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standards as set forth by the United States Department of Agriculture under the Healthy, Hunger-

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Free Kids Act of 2010 and federal regulations implementing the Act [42 U.S.C. § 1779(b)], and

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as set forth by the board of education or local school committee. Advertising is prohibited on any

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property or facility owned or leased by the school district or school and used at any time for

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school-related activities, including, but not limited to, school buildings, athletic fields, facilities,

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signs, scoreboards, parking lots, school buses or other vehicles, equipment, vending machines,

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uniforms, educational material, or supplies;

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     (2) The advertising of any corporate brand, unless every food and beverage product

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manufactured, sold, or distributed under the corporate brand name can be served or sold on the

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school campus during the school day. A corporate brand may advertise an individual product or

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product line that can be served or sold on the school campus during the school day as set forth in

 

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subsection (a)(1) of this section.

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     (3) The participation in a corporate incentive program that rewards children with free or

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discounted foods or beverages that may not be sold on the school campus during the school day

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when they reach certain academic goals; and

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     (4) The participation in corporate-sponsored programs that provide funds to schools in

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exchange for consumer purchases of foods and beverages that may not be sold on the school

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campus during the school day.

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     (b) Exceptions. The restriction on advertising in subsection (a) of this section shall not

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apply to:

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     (1) Advertising on broadcast, digital, or print media, unless the media are produced or

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controlled by the local education agency, school, faculty, or its students;

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     (2) Advertising on clothing with brand images worn on school grounds; or

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     (3) Advertising contained on product packaging.

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     (c) Implementation as contracts or leases are renewed, or as permanent fixtures are

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replaced. The restriction on advertising in subsection (a) of this section shall take effect on

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September 1, 2015 with the following limited exceptions:

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     (1) For advertising that occurs under a contract or lease, the restrictions in subsection (a)

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of this section apply to advertising that occurs under a contract or lease that was entered into or

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renewed on or after the effective date of this section; and

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     (2) Nothing in this section requires the removal, from a permanent fixture, of advertising

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that does not comply with the restrictions in subsection (a) of this section until the permanent

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fixture is removed or replaced, provided the advertising or display is a permanent feature of the

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permanent fixture.

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     (d) Definitions as used in this section.

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     (1) "Advertising" means an oral, written, or graphic statement or representation,

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including a company logo or trademark, made for the purpose of promoting the use or sale of a

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product by the producer, manufacturer, distributer, seller, or any other entity with a commercial

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interest in the product.

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     (2) "Brand" means a corporate or product name, a business image, or a mark, regardless

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of whether it may legally qualify as a trademark used by a seller or manufacturer to identify

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goods or services and to distinguish them from competitors' goods.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

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     This act would prohibit the advertising of unhealthy food and beverage products in

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schools, that may not be sold on the school campus during the school day, since they do not meet

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the minimum nutrition standards.

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     This act would take effect upon passage.

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