TITLE 16
Education

CHAPTER 16-21
Health and Safety of Pupils

SECTION 16-21-7.1


§ 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 (Pub. L. No. 111-296) federal regulations implementing the Act [42 U.S.C. § 1779(b)], and as set forth by the Rhode Island board of education and local school committees. 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 materials, or supplies; and

(2) 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.

(b) Exceptions. The restriction on advertising in subsection (a) 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;

(3) Advertising contained on product packaging; or

(4) Advertising on a food truck that sells foods and beverages on school property, after the end of the school day, as defined in § 16-21-7.

(c) Implementation. The restriction on advertising in subsection (a) shall take effect on September 1, 2018, with the following limited exceptions:

(1) For advertising that occurs pursuant to a contract or lease, the restrictions in subsection (a) apply to advertising that occurs pursuant to a contract or lease that was entered into or renewed on or after the effective date [June 4, 2018] 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), 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, the following words shall have the following meanings:

(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 its 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 legally qualifies as a trademark used by a seller or manufacturer to identify their goods or services and to distinguish them from competitors' goods.

History of Section.
(P.L. 2018, ch. 15, § 1; P.L. 2018, ch. 22, § 1.)