S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6900

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to the  sale  of  certain
  foods in vending machines on school grounds or property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The education law is amended by adding a new section 915-a
to read as follows:
  S 915-A.   VENDING MACHINES.  1.  SCHOOL  VENDING  MACHINES  SHALL  BE
STOCKED ONLY WITH FOOD AND BEVERAGES DESCRIBED IN THIS SUBDIVISION.
  (A)  FOR  ALL  STUDENTS,  ONLY THE FOLLOWING FOOD AND BEVERAGES MAY BE
PROVIDED IN VENDING MACHINES:
  (1) FRUITS, VEGETABLES, WHOLE GRAINS AND RELATED COMBINATION  PRODUCTS
AND  NON-FAT  AND LOW-FAT DAIRY THAT ARE LIMITED TO TWO HUNDRED CALORIES
OR FEWER PER PORTION AS PACKAGED AND CONTAIN:
  (I) NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
  (II) LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS;
  (III) ZERO TRANS FAT (LESS THAN OR EQUAL TO 0.5 GRAMS PER SERVING);
  (IV) THIRTY-FIVE PERCENT OR LESS OF CALORIES FROM TOTAL SUGARS, EXCEPT
FOR YOGURT WITH NO MORE THAN THIRTY GRAMS  OF  TOTAL  SUGARS  PER  EIGHT
OUNCE PORTION AS PACKAGED; AND
  (V)  A SODIUM CONTENT OF TWO HUNDRED MILLIGRAMS OR LESS PER PORTION AS
PACKAGED;
  (2) WATER WITHOUT FLAVORING, ADDITIVES OR CARBONATION;
  (3) ONE PERCENT AND NON-FAT MILK IN EIGHT OUNCE PORTIONS;
  (4) FLAVORED MILK WITH NO MORE THAN TWENTY-TWO GRAMS OF  TOTAL  SUGARS
PER EIGHT OUNCE PORTION;
  (5) ONE HUNDRED PERCENT FRUIT JUICE IN FOUR OUNCE PORTIONS FOR ELEMEN-
TARY AND MIDDLE SCHOOLS AND EIGHT OUNCE PORTIONS FOR HIGH SCHOOLS; AND
  (6)  CAFFEINE-FREE  BEVERAGES,  WITH THE EXCEPTION OF TRACE AMOUNTS OF
NATURALLY OCCURRING CAFFEINE SUBSTANCES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD10503-01-1
              

A. 6900                             2

  (B) FOR HIGH SCHOOL STUDENTS AFTER SCHOOL, ONLY THE FOLLOWING FOOD AND
BEVERAGES MAY BE PROVIDED IN VENDING MACHINES:
  (1) FOODS THAT DO NOT EXCEED TWO HUNDRED CALORIES PER PORTION AS PACK-
AGED AND CONTAIN:
  (I) NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
  (II) LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS;
  (III) ZERO TRANS FAT (LESS THAN OR EQUAL TO 0.5 GRAMS PER PORTION);
  (IV) THIRTY-FIVE PERCENT OR LESS OF CALORIES FROM TOTAL SUGARS; AND
  (V)  A SODIUM CONTENT OF TWO HUNDRED MILLIGRAMS OR LESS PER PORTION AS
PACKAGED; AND
  (2) NON-CAFFEINATED, NON-FORTIFIED  BEVERAGES  WITH  FEWER  THAN  FIVE
CALORIES PER PORTION AS PACKAGED (WITH OR WITHOUT NON-NUTRITIVE SWEETEN-
ERS, CARBONATION OR FLAVORING).
  2.  THE  TERMS  OF ANY CONTRACT ENTERED INTO BETWEEN A SCHOOL DISTRICT
AND A BUSINESS OR CORPORATION FOR THE OPERATION OF A VENDING MACHINE FOR
THE SALE OF FOODS AND  BEVERAGES  TO  STUDENTS  SHALL  COMPLY  WITH  THE
PROVISIONS  OF THIS SECTION. IF A SCHOOL DISTRICT IS PARTY TO A CONTRACT
WHICH PROVIDES FOR, OR REQUIRES PERIODIC  RENEWAL,  THE  TERMS  OF  SUCH
RENEWAL SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it  shall  have  become  a  law  and  shall  apply  to
contracts entered into or renewed on or after such date.