§ 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.
Structure Rhode Island General Laws
Chapter 16-21 - Health and Safety of Pupils
Section 16-21-1. - Transportation of public and private school pupils.
Section 16-21-1.1. - Student registration for transportation.
Section 16-21-3. - Standards for school building.
Section 16-21-3.1. - Approval.
Section 16-21-4. - Fire, evacuation and lockdown drills required — Failure to comply.
Section 16-21-5. - Uniform fire code or drill tactics — Reports.
Section 16-21-5.1. - Carbon monoxide detectors required in school buildings.
Section 16-21-7. - School health.
Section 16-21-7.1. - Unhealthy food and beverage advertising prohibited in schools.
Section 16-21-8. - Certified nurse-teacher.
Section 16-21-9. - Health examinations and dental screenings — Reports — Records.
Section 16-21-10. - Scoliosis screening.
Section 16-21-12. - Dental treatment provided by town or city.
Section 16-21-14.1. - Vision screening.
Section 16-21-15. - Eye protective devices.
Section 16-21-16. - Students suspected of narcotic addiction.
Section 16-21-17. - School bus safety programs.
Section 16-21-18. - Students prohibited from bringing or possessing firearms on school premises.
Section 16-21-19. - Special rules for students with disabilities bringing firearms to school.
Section 16-21-20. - Alternative placement and prevention activities.
Section 16-21-21. - Student discipline codes.
Section 16-21-21.1. - Penalties for drug, alcohol or weapons offenses.
Section 16-21-23.1. - Model school safety plans and checklists — Development and dissemination.
Section 16-21-23.2. - Threat assessment teams and oversight committees.
Section 16-21-27. - Alternative education programs.
Section 16-21-28. - Health and wellness subcommittee.
Section 16-21-28.1. - Legislative findings.
Section 16-21-28.2. - Requirements for glucagon administration in a school setting.
Section 16-21-28.3. - Performance standards.
Section 16-21-28.4. - Immunity for those using glucagon.
Section 16-21-28.5. - Training of school personnel.
Section 16-21-28.6. - Administration.
Section 16-21-30. - Dating violence policy.
Section 16-21-31. - Notice of peanut/tree nut allergies — Posting.
Section 16-21-32. - Peanut/tree nut allergies.
Section 16-21-33. - Safe schools act.
Section 16-21-33.1. - Automatic external defibrillators.
Section 16-21-34. - Statewide bullying policy implemented.
Section 16-21-36. - Duty to report — Posting child abuse hotline telephone number.
Section 16-21-37. - Water bottle filling stations in new and renovated schools.
Section 16-21-38. - Availability of feminine hygiene products.
Section 16-21-39. - Sun safety.