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BILL AS INTRODUCED 2007-2008

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H.813

Introduced by Representatives Pearson of Burlington, Edwards of Brattleboro, Aswad of Burlington, Deen of Westminster, Devereux of Mount Holly, Donovan of Burlington, Fisher of Lincoln, Gervais of Enosburg, Godin of Milton, Grad of Moretown, Hosford of Waitsfield, Jewett of Ripton, Kitzmiller of Montpelier, Larson of Burlington, Leriche of Hardwick, Manwaring of Wilmington, Martin of Springfield, McCullough of Williston, Milkey of Brattleboro, Mitchell of Barnard, Moran of Wardsboro, Mrowicki of Putney, Nuovo of Middlebury, Pellett of Chester, Perry of Richford, Pillsbury of Brattleboro, Sharpe of Bristol, Spengler of Colchester, Stevens of Shoreham, Sweaney of Windsor, Weston of Burlington and Zenie of Colchester

Referred to Committee on

Date:

Subject:  Education; schools; administration; commercialism

Statement of purpose:  This bill proposes to prohibit manufacturers and distributors from advertising consumer products on public school property or providing public schools with promotional gifts that bear the mark or brand name of the manufacturer’s product.

AN ACT RELATING TO COMMERCIALISM IN PUBLIC SCHOOLS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  16 V.S.A. § 1266 is added to read:

§ 1266.  PRODUCT ADVERTISING

(a)  For purposes of this section:

(1)  “Mark” means a brand name alone or in conjunction with one or more other words, a logo, a symbol, a motto, a selling message, a sign, a recognizable color or pattern of colors, a spokesperson or a character acting as spokeperson, and any other indicia of product identification identical or similar to or identifiable with those used for any consumer product or service.

(2)  “School property” means all buildings, vending machines, posters, cups, book covers, banners, beverage coolers, screensavers on computers and any other electronic equipment or items located within school buildings, on school building exteriors, or on school grounds, regardless of whether they are owned or leased by a public school district.

(b)  No manufacturer or distributor shall advertise and no public school shall permit a manufacturer or distributor to advertise consumer products or consumer services on school property beginning one-half hour before the school day until one-half hour after the school day’s completion.  Prohibited advertising activities include placement on school property of manufacturer marks or of manufacturers’ or distributors’ consumer product or service marks for the purpose of encouraging purchase of the product or service or of promoting brand loyalty.  Advertising is prohibited in analogue and digital formats, including audio and video formats.

(c)  No manufacturer or distributer shall provide and no public school shall accept any information, promotional items, or gifts that bear the manufacturer’s or the product’s mark, except if the object donated is a primary consumer product produced by the manufacturer that bears the mark of the product.

(d)  This section shall not apply to the package labels of a manufacturer’s or distributor’s primary consumer product.

Sec. 2.  RULEMAKING AUTHORITY

The state board of education shall have the authority to adopt rules necessary to implement this act, including enforcement provisions.

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us