New York A 1451: Relates to enacting the New York healthy vending act

Bill Text

STATE OF NEW YORK
________________________________________________________________________
1451
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. DINOWITZ, COOK, GLICK, ROSENTHAL, PHEFFER AMATO,
EPSTEIN, RAGA -- Multi-Sponsored by -- M. of A. SIMON, STECK -- read
once and referred to the Committee 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:
1 Section 1. The public health law is amended by adding a new article 18
2 to read as follows:
3 ARTICLE 18
4 NEW YORK HEALTHY VENDING ACT
5 Section 1800. Definitions.
6 1801. Applicability.
7 1802. Vending machine requirements.
8 1803. Enforcement and reports.
9 1804. Violations and penalties.
10 § 1800. Definitions. For the purposes of this article, the following
11 terms shall have the following meanings:
12 1. "Food and beverage vending machine" means a self-service machine
13 offered for public use that, on insertion of a coin, paper currency,
14 token, card, or key, or by optional manual operation, dispenses servings
15 of food or beverages in bulk or in packages, or prepared by the machine,
16 without the necessity of replenishing the device between each vended
17 operation.
18 2. "Packaged" means bottled, canned, securely bagged, or securely
19 wrapped, whether packaged in a food establishment or a food processing
20 plant.
21 3. "Healthy food or beverage option" means a packaged food or beverage
22 that meets the requirements to be a healthy food option or a healthy
23 beverage option established in section eighteen hundred two of this
24 article.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD03125-01-5

A. 1451 2
1 § 1801. Applicability. 1. All food and beverages sold by state agen-
2 cies, including through vending machines located on property owned or
3 leased by the state, shall meet minimum nutrition and procurement stand-
4 ards as set forth in section eighteen hundred two of this article.
5 2. If a food and beverage vending machine is located on state property
6 that has been leased to a private entity, the department shall encourage
7 the tenant to meet the requirements of this article.
8 § 1802. Vending machine requirements. 1. Any packaged snack food and
9 beverage option offered in a food and beverage vending machine shall
10 contain:
11 (a) zero grams of trans fat per serving; and
12 (b) no more than two hundred milligrams of sodium per package.
13 2. At a minimum, seventy-five percent of entree food items must meet
14 the following calorie, sodium, fat, and sugar standards:
15 (a) No more than four hundred calories per package/item;
16 (b) No more than four hundred eighty milligrams of sodium per
17 package/item;
18 (c) No more than thirty-five percent of calories from fat per
19 package/item (one gram fat = nine calories, therefore no more than
20 fifteen grams for a four hundred-calorie item);
21 (d) No more than ten percent of calories from saturated fat per
22 package/item (one gram fat = nine calories, therefore no more than four
23 grams for a four hundred-calorie item);
24 (e) Zero grams trans fat per package/item; and
25 (f) No more than thirty-five percent of calories from total sugars,
26 with a maximum of fifteen grams of total sugars per package/item (one
27 gram sugar = four calories).
28 3. Each entree item must meet at least two of the following positive
29 nutritional value standards:
30 (a) Contain one-fourth cup of fruit, non-fried vegetable, or fat-
31 free/low-fat dairy;
32 (b) Contain one ounce of nuts or seeds or one tablespoon of nut
33 butter;
34 (c) At least fifty percent of the grain ingredients are whole grain;
35 and
36 (d) Contain at least ten percent of the daily value of a naturally
37 occurring nutrient of public health concern (calcium, potassium, vitamin
38 D, or fiber).
39 4. Upon the effective date of this section, at least twenty-five
40 percent of the packaged food and beverage options offered in a food and
41 beverage vending machine shall be healthy food or beverage options.
42 Within two years from the effective date of this section, at least fifty
43 percent of the packaged food and beverage options offered in a food and
44 beverage vending machine shall be healthy food or beverage options.
45 Within three years from the effective date of this section and thereaft-
46 er, at least seventy-five percent of the packaged food and beverage
47 options offered in a food and beverage vending machine shall be healthy
48 food or beverage options.
49 5. The following beverages are considered a healthy beverage option:
50 (a) fat free milk;
51 (b) one percent low fat dairy milk;
52 (c) calcium or vitamin D fortified soy milk with fewer than two
53 hundred calories per container; and
54 (d) packages containing twelve ounces or less of one hundred percen