Bill Text: NY S04045 | 2023-2024 | 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 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S04045 Detail]
Download: New_York-2023-S04045-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4045 2023-2024 Regular Sessions IN SENATE February 2, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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 18 2 to read as follows: 3 ARTICLE 18 4 NEW YORK HEALTHY VENDING ACT 5 Section 1800. Definitions. 6 1801. Applicability. 7 1802. Vending machine requirements. 8 1803. Enforcement and reports. 9 1804. Violations and penalties. 10 § 1800. 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 eighteen hundred two of this 24 article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01162-01-3S. 4045 2 1 § 1801. 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 eighteen 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 § 1802. 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, withS. 4045 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 § 1803. Enforcement and reports. 1. On or before the first of January, 36 two thousand twenty-eight, 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 eighteen 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-four, and 49 every two years thereafter, the department shall report to the governor 50 on: 51 (a) the implementation of this article, including successes, chal- 52 lenges, and barriers; 53 (b) an assessment of the compliance of food and beverage vending 54 machine operators with this article; andS. 4045 4 1 (c) recommendations for improving the healthy food or beverage option 2 standards and food and beverage vending machine operator compliance, if 3 necessary. 4 § 1804. Violations and penalties. 1. A person who violates this arti- 5 cle is subject to: 6 (a) for a first violation, a civil fine of no less than one hundred 7 dollars paid by the food and beverage vending machine operator; and 8 (b) for each subsequent violation, a civil fine of not less than five 9 hundred dollars paid by the food and beverage vending machine operator. 10 2. A person who commits five or more violations within a six month 11 period: 12 (a) may not operate a food and beverage vending machine on state prop- 13 erty; and 14 (b) is subject to a civil fine of not less than one thousand dollars. 15 § 2. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law.
