Senate Bill #2350 (2018)

AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

Prohibits the advertising of unhealthy food and beverage products in schools that do not meet minimum federal and state governmental nutrition standards.

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Changes since original draft

  • 2018 – S 2350
  • 2018 – S 2350 SUBSTITUTE A
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  • LC004599
  • LC004599/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – HEALTH AND SAFETY OF PUPILS
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – HEALTH AND SAFETY OF PUPILS
  • Introduced By: Senators Sosnowski, Goldin, Crowley, Coyne, and Miller
  • Date Introduced: February 15, 2018
  • Referred To: Senate Education
  • It is enacted by the General Assembly as follows:
  • It is enacted by the GeneralAssembly 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 [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;
  • (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. Provided, a corporate brand may advertise an individual product or product line, including with brand identification, that can be served or sold on the school campus during the school day as set forth in subsection (a)(1) of this section; and
  • (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.
  • (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) 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;
  • (1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the localeducation 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.
  • (4) Advertising on a food truck that sells foods and beverages on school property, after the end of the schoolday, as defined in § 16-21-7.
  • (c) Implementation. The restriction on advertising in subsection (a) of this section 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) of this section apply to advertising that occurs pursuant to 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, 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.
  • SECTION 2. This act shall take effect upon passage.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC004599
  • LC004599/SUB A
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  • LC004599/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO EDUCATION – HEALTH AND SAFETY OF PUPILS
  • ***
  • This act would prohibit the advertising of unhealthy food and beverage products in schools that do not meet minimum federal and state governmental nutrition standards.
  • This act would take effect upon passage. ======== LC004599 ========
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO EDUCATION – HEALTH AND SAFETY OF PUPILS
  • ***
  • This act would prohibit the advertising of unhealthy food and beverage products in schools that do not meet minimum federaland state governmentalnutrition standards.
  • This act would take effect upon passage. ======== LC004599/SUB A ========
  • LC004599/SUB A - Page 3of 3

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

May 02, 2018 at 4:37pm
Yeas: 32 / Nays: 1 / Not voting: 4 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley NV
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin NV
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller NV
Sen. Morgan N
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis NV
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for PASSAGE IN CONCURRENCE

May 30, 2018 at 4:38pm
Yeas: 62 / Nays: 8 / Not voting: 5 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi NV
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia N
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan NV
Rep. McLaughlin N
Rep. McNamara Y
Rep. Mendonca N
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry N
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price N
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y