S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4045
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:

   Section 1. The public health law is amended by adding a new article 18
 to read as follows:
                                ARTICLE 18
                       NEW YORK HEALTHY VENDING ACT
 SECTION 1800. DEFINITIONS.
         1801. APPLICABILITY.
         1802. VENDING MACHINE REQUIREMENTS.
         1803. ENFORCEMENT AND REPORTS.
         1804. VIOLATIONS AND PENALTIES.
   §  1800.  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  EIGHTEEN  HUNDRED  TWO  OF  THIS
 ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01162-01-3
 S. 4045                             2
              

 
   §  1801.  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 EIGHTEEN 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.
   §  1802. VENDING MACHINE REQUIREMENTS. 1.  ANY PACKAGED SNACK FOOD AND
 BEVERAGE OPTION OFFERED IN A FOOD AND  BEVERAGE  VENDING  MACHINE  SHALL
 CONTAIN:
   (A) ZERO GRAMS OF TRANS FAT PER SERVING; AND
   (B) NO MORE THAN TWO HUNDRED MILLIGRAMS OF SODIUM PER PACKAGE.
   2.  AT  A MINIMUM, SEVENTY-FIVE PERCENT OF ENTREE FOOD ITEMS MUST MEET
 THE FOLLOWING CALORIE, SODIUM, FAT, AND SUGAR STANDARDS:
   (A) NO MORE THAN FOUR HUNDRED CALORIES PER PACKAGE/ITEM;
   (B) NO  MORE  THAN  FOUR  HUNDRED  EIGHTY  MILLIGRAMS  OF  SODIUM  PER
 PACKAGE/ITEM;
   (C)  NO  MORE  THAN  THIRTY-FIVE  PERCENT  OF  CALORIES  FROM  FAT PER
 PACKAGE/ITEM (ONE GRAM FAT =  NINE  CALORIES,  THEREFORE  NO  MORE  THAN
 FIFTEEN GRAMS FOR A FOUR HUNDRED-CALORIE ITEM);
   (D)  NO  MORE  THAN  TEN  PERCENT  OF  CALORIES FROM SATURATED FAT PER
 PACKAGE/ITEM (ONE GRAM FAT = NINE CALORIES, THEREFORE NO MORE THAN  FOUR
 GRAMS FOR A FOUR HUNDRED-CALORIE ITEM);
   (E) ZERO GRAMS TRANS FAT PER PACKAGE/ITEM; AND
   (F)  NO  MORE  THAN THIRTY-FIVE PERCENT OF CALORIES FROM TOTAL SUGARS,
 WITH A MAXIMUM OF FIFTEEN GRAMS OF TOTAL SUGARS  PER  PACKAGE/ITEM  (ONE
 GRAM SUGAR = FOUR CALORIES).
   3.  EACH  ENTREE ITEM MUST MEET AT LEAST TWO OF THE FOLLOWING POSITIVE
 NUTRITIONAL VALUE STANDARDS:
   (A) CONTAIN ONE-FOURTH CUP OF  FRUIT,  NON-FRIED  VEGETABLE,  OR  FAT-
 FREE/LOW-FAT DAIRY;
   (B)  CONTAIN  ONE  OUNCE  OF  NUTS  OR  SEEDS OR ONE TABLESPOON OF NUT
 BUTTER;
   (C) AT LEAST FIFTY PERCENT OF THE GRAIN INGREDIENTS ARE  WHOLE  GRAIN;
 AND
   (D)  CONTAIN  AT  LEAST  TEN PERCENT OF THE DAILY VALUE OF A NATURALLY
 OCCURRING NUTRIENT OF PUBLIC HEALTH CONCERN (CALCIUM, POTASSIUM, VITAMIN
 D, OR FIBER).
   4. UPON THE EFFECTIVE DATE  OF  THIS  SECTION,  AT  LEAST  TWENTY-FIVE
 PERCENT  OF THE PACKAGED FOOD AND BEVERAGE OPTIONS OFFERED IN A FOOD AND
 BEVERAGE VENDING MACHINE SHALL BE  HEALTHY  FOOD  OR  BEVERAGE  OPTIONS.
 WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION, AT LEAST FIFTY
 PERCENT  OF THE PACKAGED FOOD AND BEVERAGE OPTIONS OFFERED IN A FOOD AND
 BEVERAGE VENDING MACHINE SHALL BE  HEALTHY  FOOD  OR  BEVERAGE  OPTIONS.
 WITHIN THREE YEARS FROM THE EFFECTIVE DATE OF THIS SECTION AND THEREAFT-
 ER,  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.
   5. 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
 S. 4045                             3

 NO ADDED CALORIC SWEETENERS AND NO MORE THAN TWO HUNDRED  MILLIGRAMS  OF
 SODIUM PER CONTAINER.
   6.  EXCEPT  AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, A HEALTHY
 BEVERAGE OPTION MAY NOT CONTAIN MORE THAN FORTY CALORIES PER PACKAGE.
   7. 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,
 EXCLUDING FRUITS AND VEGETABLES WITH NO ADDED CALORIE SWEETENERS OR FATS
 AND YOGURT WITH LESS THAN THIRTY GRAMS OF TOTAL SUGAR PER EIGHT OUNCES.
   8. SUGARLESS CHEWING GUM AND  MINTS  ARE  CONSIDERED  A  HEALTHY  FOOD
 OPTION.
   9.  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.
   10. A HEALTHY FOOD OR BEVERAGE OPTION SHALL BE STOCKED IN  A  POSITION
 WITH THE HIGHEST SELLING POTENTIAL.
   11.  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.
   12.  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.
   § 1803. ENFORCEMENT AND REPORTS. 1. ON OR BEFORE THE FIRST OF JANUARY,
 TWO THOUSAND TWENTY-EIGHT, AND EVERY FIVE YEARS THEREAFTER, THE  DEPART-
 MENT  SHALL REVIEW AND, IF NECESSARY, REVISE AND UPDATE THE REQUIREMENTS
 FOR HEALTHY FOOD OPTIONS AND HEALTHY  BEVERAGE  OPTIONS  ESTABLISHED  IN
 SECTION  EIGHTEEN HUNDRED TWO OF THIS ARTICLE TO REFLECT ADVANCEMENTS IN
 NUTRITION 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 TWENTY-FOUR, 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
 S. 4045                             4
 
   (C)  RECOMMENDATIONS FOR IMPROVING THE HEALTHY FOOD OR BEVERAGE OPTION
 STANDARDS AND FOOD AND BEVERAGE VENDING MACHINE OPERATOR COMPLIANCE,  IF
 NECESSARY.
   §  1804. 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.