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:

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

hereby amended by adding thereto the following section:

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

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

within the district:

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

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

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

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

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

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

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

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

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

uniforms, educational material, or supplies;

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

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

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

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

subsection (a)(1) of this section.

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

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

when they reach certain academic goals; and

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

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

campus during the school day.

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

apply to:

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

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

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

     (3) Advertising contained on product packaging.

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

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

September 1, 2015 with the following limited exceptions:

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

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

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

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

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

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

permanent fixture.

     (d) Definitions as used in this section.

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

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

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

interest in the product.

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

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

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

     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

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

the minimum nutrition standards.

     This act would take effect upon passage.

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