S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5511
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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:

   Section 1. The public health law is amended by adding a new article 17
 to read as follows:
                                ARTICLE 17
                       NEW YORK HEALTHY VENDING ACT
 SECTION 1700. DEFINITIONS.
         1701. APPLICABILITY.
         1702. VENDING MACHINE REQUIREMENTS.
         1703. ENFORCEMENT AND REPORTS.
         1704. VIOLATIONS AND PENALTIES.
   §  1700.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "FOOD AND BEVERAGE VENDING MACHINE" MEANS  A  SELF-SERVICE  MACHINE
 OFFERED  FOR  PUBLIC  USE  THAT, ON INSERTION OF A COIN, PAPER CURRENCY,
 TOKEN, CARD, OR KEY, OR BY OPTIONAL MANUAL OPERATION, DISPENSES SERVINGS
 OF FOOD OR BEVERAGES IN BULK OR IN PACKAGES, OR PREPARED BY THE MACHINE,
 WITHOUT THE NECESSITY OF REPLENISHING THE  DEVICE  BETWEEN  EACH  VENDED
 OPERATION.
   2.  "PACKAGED"  MEANS  BOTTLED,  CANNED,  SECURELY BAGGED, OR SECURELY
 WRAPPED, WHETHER PACKAGED IN A FOOD ESTABLISHMENT OR A  FOOD  PROCESSING
 PLANT.
   3. "HEALTHY FOOD OR BEVERAGE OPTION" MEANS A PACKAGED FOOD OR BEVERAGE
 THAT  MEETS  THE  REQUIREMENTS  TO BE A HEALTHY FOOD OPTION OR A HEALTHY
 BEVERAGE OPTION ESTABLISHED IN SECTION SEVENTEEN  HUNDRED  TWO  OF  THIS
 ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07349-01-7
              

 A. 5511                             2
 
   §  1701.  APPLICABILITY. 1. ALL FOOD AND BEVERAGES SOLD BY STATE AGEN-
 CIES, INCLUDING THROUGH VENDING MACHINES LOCATED ON  PROPERTY  OWNED  OR
 LEASED BY THE STATE, SHALL MEET MINIMUM NUTRITION AND PROCUREMENT STAND-
 ARDS AS SET FORTH IN SECTION SEVENTEEN HUNDRED TWO OF THIS ARTICLE.
   2. IF A FOOD AND BEVERAGE VENDING MACHINE IS LOCATED ON STATE PROPERTY
 THAT HAS BEEN LEASED TO A PRIVATE ENTITY, THE DEPARTMENT SHALL ENCOURAGE
 THE TENANT TO MEET THE REQUIREMENTS OF THIS ARTICLE.
   § 1702. VENDING MACHINE REQUIREMENTS. 1.  ANY PACKAGED FOOD AND BEVER-
 AGE OPTION OFFERED IN A FOOD AND BEVERAGE VENDING MACHINE SHALL CONTAIN:
   (A) LESS THAN ONE-HALF OF A GRAM OF TRANS FAT PER SERVING; AND
   (B) NO MORE THAN TWO HUNDRED MILLIGRAMS OF SODIUM PER PACKAGE.
   2.  AT  LEAST  SEVENTY-FIVE  PERCENT OF THE PACKAGED FOOD AND BEVERAGE
 OPTIONS OFFERED IN A FOOD AND BEVERAGE VENDING MACHINE SHALL BE  HEALTHY
 FOOD OR BEVERAGE OPTIONS.
   3. THE FOLLOWING BEVERAGES ARE CONSIDERED A HEALTHY BEVERAGE OPTION:
   (A) FAT FREE MILK;
   (B) ONE PERCENT LOW FAT DAIRY MILK;
   (C)  CALCIUM  OR  VITAMIN  D  FORTIFIED  SOY  MILK WITH FEWER THAN TWO
 HUNDRED CALORIES PER CONTAINER; AND
   (D) PACKAGES CONTAINING TWELVE OUNCES OR LESS OF ONE  HUNDRED  PERCENT
 FRUIT  JUICE,  VEGETABLE JUICE, OR FRUIT JUICE COMBINED WITH WATER, WITH
 NO ADDED CALORIC SWEETENERS AND NO MORE THAN TWO HUNDRED  MILLIGRAMS  OF
 SODIUM PER CONTAINER.
   4.  EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, A HEALTHY
 BEVERAGE OPTION MAY NOT CONTAIN MORE THAN FORTY CALORIES PER PACKAGE.
   5. A HEALTHY FOOD OPTION SHALL CONTAIN:
   (A) NO MORE THAN TWO HUNDRED CALORIES PER PACKAGE;
   (B) LESS THAN THIRTY-FIVE PERCENT OF CALORIES  FROM  FAT,  EXCEPT  FOR
 FOODS CONTAINING ONE HUNDRED PERCENT NUTS OR SEEDS;
   (C) LESS THAN TEN PERCENT OF CALORIES FROM SATURATED FAT; AND
   (D)  NO  MORE  THAN THIRTY-FIVE PERCENT OF CALORIES FROM TOTAL SUGARS,
 EXCEPT FOR ONE PERCENT OR TWO PERCENT  FAT  OR  NONFAT  DAIRY  PRODUCTS,
 NONDAIRY MILK PRODUCTS, FRUITS, AND VEGETABLES.
   6.  SUGARLESS  CHEWING  GUM  AND  MINTS  ARE CONSIDERED A HEALTHY FOOD
 OPTION.
   7. A HEALTHY FOOD OR BEVERAGE OPTION OFFERED FOR SALE IN  A  FOOD  AND
 BEVERAGE  VENDING  MACHINE  SHALL  BE  DISPLAYED IN A WAY THAT IS EASILY
 VISIBLE AND DISTINGUISHABLE  FROM  FOODS  AND  BEVERAGES  THAT  ARE  NOT
 CONSIDERED HEALTHY FOOD OR BEVERAGE OPTIONS.
   8.  A  HEALTHY  FOOD OR BEVERAGE OPTION SHALL BE STOCKED IN A POSITION
 WITH THE HIGHEST SELLING POTENTIAL.
   9. AN OPERATOR OF A FOOD AND BEVERAGE VENDING  MACHINE  SHALL  POST  A
 SIGN IN CLOSE PROXIMITY TO EACH FOOD OR BEVERAGE OPTION OR THE SELECTION
 BUTTON  FOR  THE  FOOD  OR  BEVERAGE  OPTION  THAT  INCLUDES A CLEAR AND
 CONSPICUOUS STATEMENT DISCLOSING THE NUMBER OF CALORIES CONTAINED IN THE
 FOOD OR BEVERAGE OPTION IF A FOOD OR BEVERAGE OPTION SOLD FROM THE VEND-
 ING MACHINE:
   (A) IS PACKAGED IN A WAY THAT DOES NOT ALLOW THE PROSPECTIVE PURCHASER
 TO EXAMINE THE NUTRITION FACTS  PANEL  BEFORE  PURCHASING  THE  FOOD  OR
 BEVERAGE; OR
   (B)  DOES  NOT  OTHERWISE PROVIDE VISIBLE NUTRITION INFORMATION AT THE
 POINT OF PURCHASE.
   10. THIS ARTICLE MAY NOT BE CONSTRUED  TO  REQUIRE  A  UNIT  OF  STATE
 GOVERNMENT TO PLACE A FOOD AND BEVERAGE VENDING MACHINE ON STATE PROPER-
 TY.

 A. 5511                             3

   § 1703. ENFORCEMENT AND REPORTS. 1. ON OR BEFORE THE FIRST OF JANUARY,
 TWO THOUSAND TWENTY-TWO, AND EVERY FIVE YEARS THEREAFTER, THE DEPARTMENT
 SHALL  REVIEW  AND, IF NECESSARY, REVISE AND UPDATE THE REQUIREMENTS FOR
 HEALTHY FOOD OPTIONS AND HEALTHY BEVERAGE OPTIONS ESTABLISHED IN SECTION
 SEVENTEEN  HUNDRED TWO OF THIS ARTICLE TO REFLECT ADVANCEMENTS IN NUTRI-
 TION SCIENCE, DIETARY DATA, AND PRODUCT AVAILABILITY.
   2. TO ENFORCE THIS ARTICLE, THE DEPARTMENT MAY:
   (A) INSPECT FOOD AND BEVERAGE VENDING MACHINES  THAT  ARE  SUBJECT  TO
 THIS ARTICLE; AND
   (B)  RECEIVE  REPORTS  FROM  PERSONS REGARDING POTENTIAL NONCOMPLIANCE
 WITH THIS ARTICLE.
   3. THE DEPARTMENT SHALL DISSEMINATE INFORMATION AND CONDUCT  TRAININGS
 ON THE REQUIREMENTS OF THIS ARTICLE.
   4. ON OR BEFORE THE FIRST OF JANUARY, TWO THOUSAND NINETEEN, AND EVERY
 TWO YEARS THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE GOVERNOR ON:
   (A)  THE  IMPLEMENTATION  OF  THIS ARTICLE, INCLUDING SUCCESSES, CHAL-
 LENGES, AND BARRIERS;
   (B) AN ASSESSMENT OF THE  COMPLIANCE  OF  FOOD  AND  BEVERAGE  VENDING
 MACHINE OPERATORS WITH THIS ARTICLE; AND
   (C)  RECOMMENDATIONS FOR IMPROVING THE HEALTHY FOOD OR BEVERAGE OPTION
 STANDARDS AND FOOD AND BEVERAGE VENDING MACHINE OPERATOR COMPLIANCE,  IF
 NECESSARY.
   §  1704. VIOLATIONS AND PENALTIES. 1. A PERSON WHO VIOLATES THIS ARTI-
 CLE IS SUBJECT TO:
   (A) FOR A FIRST VIOLATION, A CIVIL FINE OF NO LESS  THAN  ONE  HUNDRED
 DOLLARS PAID BY THE FOOD AND BEVERAGE VENDING MACHINE OPERATOR; AND
   (B)  FOR EACH SUBSEQUENT VIOLATION, A CIVIL FINE OF NOT LESS THAN FIVE
 HUNDRED DOLLARS PAID BY THE FOOD AND BEVERAGE VENDING MACHINE OPERATOR.
   2. A PERSON WHO COMMITS FIVE OR MORE VIOLATIONS  WITHIN  A  SIX  MONTH
 PERIOD:
   (A) MAY NOT OPERATE A FOOD AND BEVERAGE VENDING MACHINE ON STATE PROP-
 ERTY; AND
   (B) IS SUBJECT TO A CIVIL FINE OF NOT LESS THAN ONE THOUSAND DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.