good news on school commercialism

[Gary Ruskin]

Commercial Alert				February 7, 2001

* The U.S. Department of Agriculture issued a report recommending that
Congress enact a law to get junk food out of our nation's public
schools.

* A Maryland state legislator introduced a bill to prohibit the use of
Maryland public schools to advertise or market to children. The bill is
noteworthy as a model for how to banish corporate marketers from public
schools in other states.

<------->
USDA Report to Congress

Following is an Associated Press article about the U.S. Department of
Agriculture (USDA) report to Congress.

http://www.washingtonpost.com/wp-srv/aponline/20010206/aponline172718_001.htm

Gov't Concerned About School Snacks 
By Philip Brasher
                 
WASHINGTON –– To cut down on the soda, snacks and sweets children are
eating, the government wants to require that all food sold in
schools meets nutrition standards. That could mean an end to soda
machines in the hall and candy and cookie sales to buy band uniforms. 

The junk food that kids consume at school is contributing to obesity and
other health problems, the Agriculture Department said in a report
requested by Congress. 

The department sets nutrition standards for school lunches and
breakfasts, but it would take an act of Congress for it to begin
regulating what is served outside the cafeterias. 

"You walk outside the door of the cafeteria and the halls are lined with
pop machines," said Marilyn Hurt, president of the American School Food
Association. "There's nothing to prevent the student from spending their
money on pop and candy instead of going in and getting a sandwich, milk
and a piece of fruit." 

The Agriculture Department says there are nutritional problems with both
the snacks being offered in cafeterias and what's being offered in
vending machines elsewhere in schools. 

"When children are taught in the classroom about good nutrition and the
value of healthy food choices but are surrounded by vending machines,
snack bars, school stores and a la carte sales offering low nutrient
density options, they receive the message that good nutrition is merely
an academic exercise," the report says. 

Soft drink contracts have become an ever-popular fund-raiser for
cash-strapped schools, and cafeterias are also offering an increasing
array of items that include snacks, desserts and flavored drinks. 

Between 1996 and 1997, more than 30 percent of school districts
increased the number of snacks they were offering in cafeterias, and 22
percent widened the array of desserts, a separate USDA report says. 

No data were available on sodas sold outside cafeterias, but about 200
of the nation's 12,000 school districts have contracts that give soft
drink companies exclusive rights to sell their products in schools,
according to the National Soft Drink Association. 

[snip]
<-------->
FOR MORE INFORMATION
* The USDA report to Congress is available at
<http://www.fns.usda.gov/cnd/Lunch/CompetitveFoods/competitive.foods.report.to.congress.htm>

* Background on the marketing of junk food to schoolchildren is
available on the Commercial Alert website at
<http://www.commercialalert.org/junkfood/index.html>.

WHAT YOU CAN DO TO HELP
The USDA report to Congress recommends that Congress "Strengthen the
statutory language to ensure that all foods sold or served anywhere in
the school during the school day meet nutrition standards." Please ask
your Members of Congress to implement this USDA recommendation by
enacting strict rules prohibiting the use of the public schools to:
1) sell junk food to schoolchildren; and,
2) market junk food to schoolchildren (especially Channel One, which
aggressively markets junk food to eight million schoolchildren.)

The congressional switchboard phone number is (202) 225-3121.  To find
out who your Members of Congress are, as well as their phone numbers,
fax numbers and e-mail addresses, see
<http://www.visi.com/juan/congress/ziptoit.html>.

<------------>
The Captive Audience/Stop Commercialism in Schools Act of 2001

On February 2nd, Maryland State Senator Paul G. Pinsky introduced
sweeping state legislation to get corporate advertising and marketing
out of Maryland public schools.

Senator Pinsky's bill is a model for action in other states to rid the
public schools of corporate advertisers and marketers.  The text of
Senator Pinsky's bill follows.

http://mlis.state.md.us/2001rs/billfile/sb0435.htm

SENATE BILL 435 

By: Senators Pinsky, Blount, Conway, Dyson, Frosh, Harris, Hollinger,
Kelley, Sfikas, and Van Hollen
Introduced and read first time: February 2, 2001
Assigned to: Economic and Environmental Affairs

A BILL ENTITLED

AN ACT concerning

Captive Audience/Stop Commercialism in Schools Act of 2001

FOR the purpose of requiring county boards of education to develop and
adopt certain policies related to marketing and advertising in public
schools; creating a certain definition; requiring a county board to
submit certain policies to the State Department of Education by a
certain date; prohibiting contracts for the exclusive sale of vending
machines and certain items; limiting the term of certain contracts;
authorizing a county board to impose a certain penalty if a school
violates the county's policy regarding student access to vending
machines; prohibiting certain advertising on school buses; and generally
relating to limiting and prohibiting advertising and marketing in public
schools.

BY adding to 
Article - Education
Section 7-1101 through 7-1105, inclusive, to be under the new subtitle
"Subtitle 11. Marketing and Advertising in Schools"
Annotated Code of Maryland
(1999 Replacement Volume and 2000 Supplement)

Preamble

WHEREAS, Selling or providing access to a captive audience in the
classroom for commercial purposes is a violation of the public trust;
and

WHEREAS, Students spend 40% of their waking hours in school,
guaranteeing a captive audience for advertisers; and

WHEREAS, Schools are experiencing increasing financial hardships and are
compelled to accept commercial advertisements to receive goods and
services otherwise unavailable to the school due to the high cost; and

WHEREAS, Students are consuming, throughout the school day, low-nutrient
foods purchased from vending machines at school and this trend has been
accelerated by the pervasive advertising in school by snack food and
beverage companies; and

WHEREAS, Maryland has an opportunity to address the issue of
commercialism in schools and to release Maryland students from their
role as captive audience to commercial interests; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the
Laws of Maryland read as follows:

Article - Education

SUBTITLE 11. MARKETING AND ADVERTISING IN SCHOOLS.

7-1101.

(A)	IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(B)	"MINIMALLY NUTRITIONAL FOODS" MEANS:
(1)	ANY FOOD OR BEVERAGE THAT CONTAINS, BY WEIGHT OR VOLUME, MORE THAN
40% SUGAR OR OTHER SWEETENING AGENTS OR ANY FOOD PRODUCT COMMONLY
REFERRED TO AS "CANDY";
(2)	ANY BEVERAGE, CARBONATED OR NONCARBONATED, TO WHICH FLAVORING OR
SWEETENER HAS BEEN ADDED AND THAT DOES NOT CONTAIN AT LEAST 20% FRUIT
JUICE;
(3)	ANY FOOD PRODUCT THAT DERIVES MORE THAN 40% OF THE CALORIES FROM
DIETARY FAT;
(4)	ANY FOOD PRODUCT COMMONLY REFERRED TO AS "CHEWING GUM" OR "GUM"; AND
(5)	ANY OTHER FOOD THAT THE COUNTY BOARD DEEMS MINIMALLY NUTRITIONAL.

7-1102.

(A)	A COUNTY BOARD SHALL DEVELOP AND ADOPT POLICIES THAT INCLUDE, BUT
ARE NOT LIMITED TO, REQUIRING THAT THE COUNTY BOARD AND SCHOOLS IN THE
COUNTY MAY NOT:
(1)	REQUIRE STUDENTS TO OBSERVE, READ, OR LISTEN TO COMMERCIAL
ADVERTISING IN THE CLASSROOM OR FOR SCHOOLWORK COMPLETED OUTSIDE THE
SCHOOL, UNLESS THE COMMERCIAL ADVERTISING IS NECESSARY TO THE
INSTRUCTION OR SCHOOLWORK;
(2)	ENTER INTO ANY CONTRACT FOR ELECTRONIC MEDIA SERVICES IF THE TERMS
OF THE CONTRACT REQUIRE THE COUNTY BOARD TO PROVIDE STUDENTS' PERSONAL
INFORMATION TO THE PROVIDER OF THE SERVICES;
(3)	ENTER INTO CONTRACTS THAT PROHIBIT EMPLOYEES FROM DISPARAGING THE
GOODS OR SERVICES OF THE PARTY CONTRACTING WITH THE SCHOOL;
(4)	PURCHASE CURRICULUM MATERIALS THAT CONTAIN BRAND NAMES, LOGOS, OR
PROMOTIONAL INFORMATION IN THE CONTENT OF THE CURRICULUM THAT IS
IRRELEVANT TO THE LESSON;
(5)	ALLOW TEACHERS TO USE IDENTIFIABLE BRAND NAMES OR LOGOS IN THEIR
INSTRUCTION, UNLESS THE USE OF THE BRAND NAME OR LOGO IS NECESSARY TO
THE INSTRUCTION;
(6)	ALLOW TEACHERS TO USE ANY CURRICULUM MATERIAL, UNLESS THE COUNTY
BOARD HAS DETERMINED THE CURRICULUM TO BE ACCURATE, OBJECTIVE, COMPLETE,
AND NONCOMMERCIAL;
(7)	ALLOW ACCESS BY STUDENTS TO VENDING MACHINES CONTAINING MINIMALLY
NUTRITIONAL FOODS FROM 12:01 A.M. EACH SCHOOL DAY UNTIL THE END OF THE
SCHOOL DAY;
(8)	REQUIRE STUDENTS TO COMPLETE SURVEYS TO PROVIDE MARKETING
INFORMATION TO VENDORS;
(9)	DISTRIBUTE TO VENDORS ANY PERSONAL INFORMATION OF STUDENTS,
INCLUDING, BUT NOT LIMITED TO, NAMES, ADDRESSES, AND TELEPHONE NUMBERS;
(10)	REQUIRE OR ADVISE STUDENTS TO PURCHASE PARTICULAR BRAND NAME
PRODUCTS FOR REQUIRED EDUCATIONAL SUPPLIES; AND
(11)	REQUIRE STUDENTS TO WEAR UNIFORMS DURING THE ACADEMIC SCHOOL DAY
THAT INCLUDE VISIBLE COMMERCIAL LOGOS OR BRAND NAMES.
(B)	(1)	A COUNTY BOARD SHALL DEVELOP AND ADOPT A POLICY THAT PROHIBITS
THE COUNTY BOARD OR A SCHOOL FROM ENTERING INTO A CONTRACT FOR
ELECTRONIC PRODUCTS OR SERVICES THAT REQUIRE THE DISSEMINATION OF
ADVERTISING TO STUDENTS, UNLESS THE COUNTY BOARD:
(I)	ENTERS INTO THE CONTRACT AT A PUBLIC HEARING OF THE COUNTY BOARD;
(II)	MAKES A FINDING THAT THE ELECTRONIC PRODUCTS OR SERVICES PROVIDE AN
INTEGRAL COMPONENT OF THE CURRICULUM;
(III)	MAKES A FINDING THAT THE COUNTY CANNOT AFFORD TO PROVIDE THE
ELECTRONIC PRODUCTS OR SERVICES UNLESS THE CONTRACT PERMITS THE
DISSEMINATION OF ADVERTISING TO STUDENTS;
(IV)	PROVIDES WRITTEN NOTICE TO THE PARENTS OR GUARDIANS OF THE STUDENTS
THAT THE ADVERTISING WILL BE USED IN CLASSROOMS AND OTHER LEARNING
CENTERS; AND
(V)	PROVIDES AN OPPORTUNITY FOR THE PARENT OR GUARDIAN TO REQUEST, IN
WRITING, THAT THE STUDENT NOT BE EXPOSED TO THE ADVERTISING.
(2)	A WRITTEN REQUEST BY A PARENT OR GUARDIAN THAT A STUDENT NOT BE
EXPOSED TO PROGRAMS OR SERVICES THAT INCLUDE ADVERTISING SHALL BE
HONORED FOR THE SCHOOL YEAR IN WHICH THE REQUEST IS MADE.
(C)	A COUNTY BOARD SHALL DEVELOP AND ADOPT A POLICY THAT ENCOURAGES A
REDUCTION IN STUDENT CONSUMPTION OF MINIMALLY NUTRITIONAL FOODS ON
SCHOOL PREMISES.
(D)	(1)	AFTER CONSULTATION ABOUT COUNTY BOARD POLICIES WITH AN ADVISORY
BOARD COMPOSED OF PARENTS, TEACHERS, ADMINISTRATORS, AND ANY OTHER
PERSON THE COUNTY BOARD SELECTS, EACH COUNTY BOARD SHALL SUBMIT ITS
POLICIES TO THE DEPARTMENT BY AUGUST 1, 2002.
(2)	EACH COUNTY BOARD SHALL INCLUDE, WITH ITS POLICY:
(I)	A STATEMENT OF THE TOTAL PROCEEDS COLLECTED IN THE PRIOR 3 SCHOOL
YEARS IN THE COUNTY FROM THE SALE OF PRODUCTS IN VENDING
MACHINES; AND
(II)	A REPORT ON ALL EXPENDITURES MADE IN THE PRIOR 3 SCHOOL YEARS USING
THE PROCEEDS OF THE SALE OF PRODUCTS IN VENDING MACHINES.

7-1103.

(A)	A COUNTY BOARD OR SCHOOL MAY NOT ENTER INTO AN AGREEMENT
WITH A VENDOR TO PROVIDE EXCLUSIVE SALE OF VENDING MACHINES AND PRODUCTS
SOLD IN VENDING MACHINES.

(B)	CONTRACTS FOR VENDING MACHINES AND PRODUCTS SOLD IN VENDING
MACHINES SHALL BE FOR A TERM NOT TO EXCEED 3 YEARS.
(C)	IF A SCHOOL VIOLATES A COUNTY BOARD'S POLICY REGARDING VENDING
MACHINE ACCESS BY STUDENTS, THE COUNTY BOARD MAY, AT THE END OF THE
EXISTING CONTRACT TERM, PROHIBIT THE SCHOOL FROM ENTERING INTO A NEW
CONTRACT.

7-1104.

A COUNTY BOARD OR SCHOOL MAY NOT POST COMMERCIAL ADVERTISEMENTS OR
AUTHORIZE THE POSTING OF COMMERCIAL ADVERTISEMENTS ON THE EXTERIOR OR
INTERIOR OF SCHOOL BUSES OWNED OR USED BY THE COUNTY.

SENATE BILL 435 

7-1105.

THE DEPARTMENT SHALL ADOPT REGULATIONS NECESSARY TO IMPLEMENT THIS
SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2001.

<----bill ends here----->
WHAT YOU CAN DO TO HELP
Please ask your own state legislators to introduce state legislation
modeled on the Captive Audience/Stop Commercialism in Schools Act of
2001.

Commercial Alert opposes the excesses of commercialism, advertising and
marketing. Commercial Alert's website is at
<http://www.commercialalert.org/>.

Commercial Alert's materials are distributed electronically via the
commercial-alert mailing list <commercial-alert@lists.essential.org>. To
subscribe to the commercial-alert mailing list, go to
<http://lists.essential.org/mailman/listinfo/commercial-alert> or send
the word "subscribe" to <alert@essential.org>.

PLEASE DISTRIBUTE WIDELY
-- 
---------------------------------------------------------------
Gary Ruskin | Commercial Alert 
1611 Connecticut Ave. NW Suite #3A | Washington, DC 20009
Phone: (202) 296-2787 | Fax: (202) 833-2406
http://www.commercialalert.org | mailto:gary@essential.org
--------------------------------------------------------------