Bill Text: NY S04128 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the New York healthy vending act requiring a percentage of food in vending machines on state property to be healthy.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S04128 Detail]

Download: New_York-2019-S04128-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4128
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 1, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to enacting  the  New
          York healthy vending act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding a new article 17
     2  to read as follows:
     3                                 ARTICLE 17
     4                        NEW YORK HEALTHY VENDING ACT
     5  Section 1700. Definitions.
     6          1701. Applicability.
     7          1702. Vending machine requirements.
     8          1703. Enforcement and reports.
     9          1704. Violations and penalties.
    10    § 1700. Definitions. For the purposes of this article,  the  following
    11  terms shall have the following meanings:
    12    1.  "Food  and  beverage vending machine" means a self-service machine
    13  offered for public use that, on insertion of  a  coin,  paper  currency,
    14  token, card, or key, or by optional manual operation, dispenses servings
    15  of food or beverages in bulk or in packages, or prepared by the machine,
    16  without  the  necessity  of  replenishing the device between each vended
    17  operation.
    18    2. "Packaged" means bottled,  canned,  securely  bagged,  or  securely
    19  wrapped,  whether  packaged in a food establishment or a food processing
    20  plant.
    21    3. "Healthy food or beverage option" means a packaged food or beverage
    22  that meets the requirements to be a healthy food  option  or  a  healthy
    23  beverage  option  established  in  section seventeen hundred two of this
    24  article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01622-02-9

        S. 4128                             2
     1    § 1701. Applicability. 1. All food and beverages sold by  state  agen-
     2  cies,  including  through  vending machines located on property owned or
     3  leased by the state, shall meet minimum nutrition and procurement stand-
     4  ards as set forth in section seventeen hundred two of this article.
     5    2. If a food and beverage vending machine is located on state property
     6  that has been leased to a private entity, the department shall encourage
     7  the tenant to meet the requirements of this article.
     8    §  1702. Vending machine requirements. 1.  Any packaged snack food and
     9  beverage option offered in a food and  beverage  vending  machine  shall
    10  contain:
    11    (a) zero grams of trans fat per serving; and
    12    (b) no more than two hundred milligrams of sodium per package.
    13    2.  At  a minimum, seventy-five percent of entree food items must meet
    14  the following calorie, sodium, fat, and sugar standards:
    15    (a) No more than four hundred calories per package/item;
    16    (b) No  more  than  four  hundred  eighty  milligrams  of  sodium  per
    17  package/item;
    18    (c)  No  more  than  thirty-five  percent  of  calories  from  fat per
    19  package/item (one gram fat =  nine  calories,  therefore  no  more  than
    20  fifteen grams for a four hundred-calorie item);
    21    (d)  No  more  than  ten  percent  of  calories from saturated fat per
    22  package/item (one gram fat = nine calories, therefore no more than  four
    23  grams for a four hundred-calorie item);
    24    (e) Zero grams trans fat per package/item; and
    25    (f)  No  more  than thirty-five percent of calories from total sugars,
    26  with a maximum of fifteen grams of total sugars  per  package/item  (one
    27  gram sugar = four calories).
    28    3.  Each  entree item must meet at least two of the following positive
    29  nutritional value standards:
    30    (a) Contain one-fourth cup of  fruit,  non-fried  vegetable,  or  fat-
    31  free/low-fat dairy;
    32    (b)  Contain  one  ounce  of  nuts  or  seeds or one tablespoon of nut
    33  butter;
    34    (c) At least fifty percent of the grain ingredients are  whole  grain;
    35  and
    36    (d)  Contain  at  least  ten percent of the daily value of a naturally
    37  occurring nutrient of public health concern (calcium, potassium, vitamin
    38  D, or fiber).
    39    4. Upon the effective date  of  this  section,  at  least  twenty-five
    40  percent  of the packaged food and beverage options offered in a food and
    41  beverage vending machine shall be  healthy  food  or  beverage  options.
    42  Within two years from the effective date of this section, at least fifty
    43  percent  of the packaged food and beverage options offered in a food and
    44  beverage vending machine shall be  healthy  food  or  beverage  options.
    45  Within three years from the effective date of this section and thereaft-
    46  er,  at  least  seventy-five  percent  of the packaged food and beverage
    47  options offered in a food and beverage vending machine shall be  healthy
    48  food or beverage options.
    49    5. The following beverages are considered a healthy beverage option:
    50    (a) fat free milk;
    51    (b) one percent low fat dairy milk;
    52    (c)  calcium  or  vitamin  D  fortified  soy  milk with fewer than two
    53  hundred calories per container; and
    54    (d) packages containing twelve ounces or less of one  hundred  percent
    55  fruit  juice,  vegetable juice, or fruit juice combined with water, with

        S. 4128                             3
     1  no added caloric sweeteners and no more than two hundred  milligrams  of
     2  sodium per container.
     3    6.  Except  as provided in subdivision five of this section, a healthy
     4  beverage option may not contain more than forty calories per package.
     5    7. A healthy food option shall contain:
     6    (a) no more than two hundred calories per package;
     7    (b) less than thirty-five percent of calories  from  fat,  except  for
     8  foods containing one hundred percent nuts or seeds;
     9    (c) less than ten percent of calories from saturated fat; and
    10    (d)  no  more  than thirty-five percent of calories from total sugars,
    11  excluding fruits and vegetables with no added calorie sweeteners or fats
    12  and yogurt with less than thirty grams of total sugar per eight ounces.
    13    8. Sugarless chewing gum and  mints  are  considered  a  healthy  food
    14  option.
    15    9.  A  healthy  food or beverage option offered for sale in a food and
    16  beverage vending machine shall be displayed in  a  way  that  is  easily
    17  visible  and  distinguishable  from  foods  and  beverages  that are not
    18  considered healthy food or beverage options.
    19    10. A healthy food or beverage option shall be stocked in  a  position
    20  with the highest selling potential.
    21    11.  An  operator  of a food and beverage vending machine shall post a
    22  sign in close proximity to each food or beverage option or the selection
    23  button for the food  or  beverage  option  that  includes  a  clear  and
    24  conspicuous statement disclosing the number of calories contained in the
    25  food or beverage option if a food or beverage option sold from the vend-
    26  ing machine:
    27    (a) is packaged in a way that does not allow the prospective purchaser
    28  to  examine  the  nutrition  facts  panel  before purchasing the food or
    29  beverage; or
    30    (b) does not otherwise provide visible nutrition  information  at  the
    31  point of purchase.
    32    12.  This  article  may  not  be  construed to require a unit of state
    33  government to place a food and beverage vending machine on state proper-
    34  ty.
    35    § 1703. Enforcement and reports. 1. On or before the first of January,
    36  two thousand twenty-four, and every five years thereafter,  the  depart-
    37  ment  shall review and, if necessary, revise and update the requirements
    38  for healthy food options and healthy  beverage  options  established  in
    39  section seventeen hundred two of this article to reflect advancements in
    40  nutrition science, dietary data, and product availability.
    41    2. To enforce this article, the department may:
    42    (a)  inspect  food  and  beverage vending machines that are subject to
    43  this article; and
    44    (b) receive reports from  persons  regarding  potential  noncompliance
    45  with this article.
    46    3.  The department shall disseminate information and conduct trainings
    47  on the requirements of this article.
    48    4. On or before the first of January, two thousand twenty,  and  every
    49  two years thereafter, the department shall report to the governor on:
    50    (a)  the  implementation  of  this article, including successes, chal-
    51  lenges, and barriers;
    52    (b) an assessment of the  compliance  of  food  and  beverage  vending
    53  machine operators with this article; and
    54    (c)  recommendations for improving the healthy food or beverage option
    55  standards and food and beverage vending machine operator compliance,  if
    56  necessary.

        S. 4128                             4
     1    §  1704. Violations and penalties. 1. A person who violates this arti-
     2  cle is subject to:
     3    (a)  for  a  first violation, a civil fine of no less than one hundred
     4  dollars paid by the food and beverage vending machine operator; and
     5    (b) for each subsequent violation, a civil fine of not less than  five
     6  hundred dollars paid by the food and beverage vending machine operator.
     7    2.  A  person  who  commits five or more violations within a six month
     8  period:
     9    (a) may not operate a food and beverage vending machine on state prop-
    10  erty; and
    11    (b) is subject to a civil fine of not less than one thousand dollars.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
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