§ 49031. — 49031. (Added by Stats. 2005, Ch. 673, Sec. 2.)

California § 49031.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 6.: CHAPTER 6. Pupil Rights and Responsibilities
• Art. 6.5.: ARTICLE 6.5. Performance-Enhancing Substances

Text

(a)
A school may not accept a sponsorship from a manufacturer of a dietary supplement described in subdivision (a) of Section 49030, or from the distributor of a dietary supplement described in subdivision (a) of Section 49030 whose name appears on the labeling of the dietary supplement.
(b)
A dietary supplement prohibited by Section 49030 may not be marketed on a schoolsite or at a school-related event.
(c)
A dietary supplement prohibited by Section 49030 may not be sold or distributed on a schoolsite or at a school-related event.
(d)
(1)
For purposes of subdivision (b), “market” includes, but is not limited to, all of the following:
(A)
Direct product advertising.
(B)
Provision of educational materials.
(C)
Product promotion by a school district employee or school district volunteer.
(D)
Product placement.
(E)
Clothing or equipment giveaways.
(F)
Scholarships.
(2)
For purposes of subdivision (b), “market” does not include the inadvertent display of a product name or product advertising by a person who is not a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030.
(e)
Subdivision (a) does not apply to either of the following:
(1)
An affiliate of a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030 if the affiliate does not manufacture or distribute a dietary supplement described in subdivision (a).
(2)
A manufacturer or distributor of a dietary supplement described in subdivision (a) if no more than 50 percent of its annual gross sales are derived from the manufacture or distribution of dietary supplements as defined in subsection (ff) of Section 321 of Title 21 of the United States Code.

Legislative History

Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.