Massachusetts H 3738: An Act relative to expanding access to healthy food choices in vending machines on state property

Bill Text

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HOUSE DOCKET, NO. 3951 FILED ON: 1/22/2019
HOUSE . . . . . . . . . . . . . . . No. 3738

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Natalie M. Blais
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to expanding access to healthy food choices in vending machines on state
property.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Natalie M. Blais 1st Franklin 1/22/2019
Louis L. Kafka 8th Norfolk 1/27/2019
Jason M. Lewis Fifth Middlesex 1/27/2019
Tommy Vitolo 15th Norfolk 1/27/2019
Jonathan Hecht 29th Middlesex 1/28/2019

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HOUSE DOCKET, NO. 3951 FILED ON: 1/22/2019
HOUSE . . . . . . . . . . . . . . . No. 3738
By Ms. Blais of Sunderland, a petition (subject to Joint Rule 12) of Natalie M. Blais and others
relative to expanding access to healthy food choices in vending machines on state property.
Public Health.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1191 OF 2017-2018.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act relative to expanding access to healthy food choices in vending machines on state
property.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 133A of chapter 6 of the General Laws, as appearing in the 2016
2 Official Edition, is hereby amended by striking out, in lines 18 to 19, the words “no later than
3 December thirty-first, nineteen hundred and eighty-three” and inserting in place thereof the
4 following words:- annually, on or before December 31
5 SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by
6 adding the following section: - Section 235. (a) As used in this section, the following words
7 shall, unless the context clearly indicates otherwise, have the following meanings:-
8 “Commissioner”, the commissioner of public health

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9 “Department”, the department of public health
10 “Government property”, all property owned or managed by the commonwealth including
11 government office buildings, road-side rest stops, state parks and recreation centers, state
12 colleges and universities and state-supported hospitals.
13 “Non RSA-vendor”, any person who by contract, agreement or ownership is responsible
14 for furnishing, installing, servicing, operating or maintaining a vending machine or vending
15 facility who is not licensed by the commission for the blind to operate such machine or facility.
16 "Nutritional standards”, the standards promulgated by the department in accordance with
17 subsection (b).
18 “Vending machine”, any self-service device offered for public use which, upon insertion
19 of a coin, coins, token, paper currency, or by any other means, dispenses servings of food or
20 beverage, either in bulk or in package.
21 “Vendor”, a blind person licensed by the commission for the blind to operate a vending
22 facility under the terms of the Randolph-Shepard Act, 20 U.S.C. chapter 6A, section 107; 29
23 U.S.C. sections 701 et. seq.; and sections 129, 130, 131J and 133 through 133E, inclusive, of
24 chapter 6 of the General Laws.
25 (b) All foods or beverages sold through vending machines located in government
26 buildings or on property owned or managed by the commonwealth shall be limited to food and
27 beverage items that comply with the nutritional standards established by the commissioner of
28 public health. The commissioner shall promulgate regulations establishing evidence-based
29 nutrition and food procurement standards that meet or exceed those set forth in "Health and

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30 Sustainability Guidelines for Federal Concessions and Vending Operations," issued by the
31 federal general services administration, or “Healthy Workplace Food and Beverage Toolkit,”
32 issued by the American Heart Association or “Model Beverage and Food Vending Machine
33 Standards,” issued by the National Alliance for Nutrition and Activity. The commissioner shall
34 periodically review such nutritional and procurement standards and amend the regulations to
35 reflect advancements in nutrition science, dietary data, and new product availability. The
36 commissioner shall also establish by regulation rules regarding requirements for display of
37 nutritional information on or near vending machines located in government buildings or on
38 property owned or managed by the commonwealth about products sold in such vending
39 machines. The Commissioner shall also establish regulation regarding that food and beverage
40 items that meet the nutrition standards should be placed so as to be prominently and easily
41 visible, and in the prime selling positions; that food and beverage items that meet the nu