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

                                  10032

                          I N  A S S E M B L Y

                              June 10, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pichardo) --
  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;
  (B) FOR HIGH SCHOOL STUDENTS AFTER SCHOOL, ONLY THE FOLLOWING FOOD AND
BEVERAGES MAY BE PROVIDED IN VENDING MACHINES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08223-01-3
              

A. 10032                            2

  (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.