Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1399 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 967 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1399
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to expanding access to healthy food choices in vending machines on state
13	13	property.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJames B. EldridgeMiddlesex and Worcester3/6/2023 1 of 5
17	17	SENATE DOCKET, NO. 967 FILED ON: 1/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1399
19	19	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1399) of Jason M. Lewis and James
20	20	B. Eldridge for legislation to expand access to healthy food choices in vending machines on state
21	21	property. Public Health.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1467 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to expanding access to healthy food choices in vending machines on state
30	30	property.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 133A of chapter 6 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by striking out, in lines 18 to 19, the words “no later than
35	35	3December thirty-first, nineteen hundred and eighty-three” and inserting in place thereof the
36	36	4following words:- annually, on or before December 31.
37	37	5 SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by
38	38	6adding the following section: - Section 235. (a) As used in this section, the following words
39	39	7shall, unless the context clearly indicates otherwise, have the following meanings:-
40	40	8 “Commissioner”, the commissioner of public health 2 of 5
41	41	9 “Department”, the department of public health
42	42	10 “Government property”, all property owned or managed by the commonwealth including
43	43	11government office buildings, road-side rest stops, state parks and recreation centers, state
44	44	12colleges and universities and state-supported hospitals.
45	45	13 “Non RSA-vendor”, any person who by contract, agreement or ownership is responsible
46	46	14for furnishing, installing, servicing, operating or maintaining a vending machine or vending
47	47	15facility who is not licensed by the commission for the blind to operate such machine or facility.
48	48	16 "Nutritional standards”, the standards promulgated by the department in accordance with
49	49	17subsection (b).
50	50	18 “Vending machine”, any self-service device offered for public use which, upon insertion
51	51	19of a coin, coins, token, paper currency, or by any other means, dispenses servings of food or
52	52	20beverage, either in bulk or in package.
53	53	21 “Vendor”, a blind person licensed by the commission for the blind to operate a vending
54	54	22facility under the terms of the Randolph-Shepard Act, 20 U.S.C. chapter 6A, section 107; 29
55	55	23U.S.C. sections 701 et. seq.; and sections 129, 130, 131J and 133 through 133E, inclusive, of
56	56	24chapter 6 of the General Laws.
57	57	25 (b) All foods or beverages sold through vending machines located in government
58	58	26buildings or on property owned or managed by the commonwealth shall be limited to food and
59	59	27beverage items that comply with the nutritional standards established by the commissioner of
60	60	28public health. The commissioner shall promulgate regulations establishing evidence-based
61	61	29nutrition and food procurement standards that meet or exceed those set forth in "Food Service 3 of 5
62	62	30Guidelines for Federal Facilities.” issued by the federal general services administration, . These
63	63	31standards shall apply to any new contracts with the state (c) A non-RSA vendor may meet the
64	64	32requirements in subsection (b) by: (i) offering 20 per cent of the food or beverages in a vending
65	65	33machine that meet nutritional standards by one year after implementation; (ii) offering 40 per
66	66	34cent of the food or beverages required to meet nutritional standards by two years after
67	67	35implementation; (iii) offering 60 per cent of the food or beverages required to meet nutritional
68	68	36standards by three years after implementation; (iv) offering 75% per cent of the food or
69	69	37beverages or higher required to meet nutritional standards by four years after implementation and
70	70	38thereafter.
71	71	39 (4) A vendor licensed by the state licensing agency pursuant to sections 133A to 133F,
72	72	40inclusive, of chapter 6 may meet the requirements in subsection (b) by: (i) offering 10 per cent of
73	73	41the food or beverages in a vending machine that meet nutritional standards by one year after
74	74	42implementation; (ii) offering 30 per cent of the food or beverages required to meet nutritional
75	75	43standards by two years after implementation; (iii) offering 50 per cent of the food or beverages
76	76	44required to meet nutritional standards by three years after implementation; (iv) offering 60 per
77	77	45cent of the food or beverages required to meet nutritional standards by four years after
78	78	46implementation; and (v) 75% per cent of the food or beverages or higher required to meet
79	79	47nutritional standards by five years after implementation and thereafter. (d) Five years after
80	80	48enactment of this act and every 5 years thereafter, the department shall review, and if necessary,
81	81	49revise and update the nutritional standards set forth subsections (b) and (c) to reflect
82	82	50advancements in nutrition science, dietary data, and new product availability.
83	83	51 The commissioner shall periodically review such nutritional and procurement standards
84	84	52and amend the regulations to reflect advancements in nutrition science, dietary data, and new 4 of 5
85	85	53product availability. The commissioner shall also establish by regulation rules regarding
86	86	54requirements for display of nutritional information on or near vending machines located in
87	87	55government buildings or on property owned or managed by the commonwealth about products
88	88	56sold in such vending machines. The Commissioner shall also establish regulation regarding that
89	89	57food and beverage items that meet the nutrition standards should be placed so as to be
90	90	58prominently and easily visible, and in the prime selling positions; The commissioner shall also
91	91	59establish by regulation a schedule for compliance by vendors and non-RSA vendors with the
92	92	60nutritional standards established by the commissioner. (c) To assist in the implementation of the
93	93	61nutritional standards set forth in this section, the commissioner shall designate an appropriate
94	94	62position within the department to disseminate information and train staff on the nutritional
95	95	63standards to ensure compliance. The designated position shall monitor compliance and report to
96	96	64the commissioner every year on the status of implementation. The annual report shall include: an
97	97	65assessment of compliance with the nutritional standards; a description of any issues encountered
98	98	66in implementation of the nutritional standards; and recommendations for improvement of the
99	99	67nutritional standards and compliance. (d) The commissioner shall take the following actions: (1)
100	100	68notify current vendors and non-RSA vendors of the nutritional standards and the required
101	101	69schedule for compliance. (2) require future procurement or vending contracts to include a
102	102	70provision stipulating that all food and beverage items will meet the nutritional standards; and
103	103	71 (3) determine whether products sold through vending machines located in government
104	104	72buildings or on property owned or managed by the commonwealth meet the nutritional standards
105	105	73established by the commissioner.
106	106	74 (4) Any vendor or non-RSA vendor who is found to be in noncompliance shall be subject
107	107	75to termination of contract within any state facility or on state property; provided, however, that 5 of 5
108	108	76any such vendor or non-RSA vendor shall have 60 days to cure any such non-compliance before
109	109	77termination.
110	110	78 (i) Nothing in this section shall be construed to require a state agency, institute, property,
111	111	79administrator, or manager to place vending machines on government property.