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SENATE DOCKET, NO. 967 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1399
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
_________________
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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJames B. EldridgeMiddlesex and Worcester3/6/2023 1 of 5
SENATE DOCKET, NO. 967 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1399
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1399) of Jason M. Lewis and James
B. Eldridge for legislation to expand access to healthy food choices in vending machines on state
property. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1467 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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 2020
2Official Edition, is hereby amended by striking out, in lines 18 to 19, the words “no later than
3December thirty-first, nineteen hundred and eighty-three” and inserting in place thereof the
4following words:- annually, on or before December 31.
5 SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by
6adding the following section: - Section 235. (a) As used in this section, the following words
7shall, unless the context clearly indicates otherwise, have the following meanings:-
8 “Commissioner”, the commissioner of public health 2 of 5
9 “Department”, the department of public health
10 “Government property”, all property owned or managed by the commonwealth including
11government office buildings, road-side rest stops, state parks and recreation centers, state
12colleges and universities and state-supported hospitals.
13 “Non RSA-vendor”, any person who by contract, agreement or ownership is responsible
14for furnishing, installing, servicing, operating or maintaining a vending machine or vending
15facility 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
17subsection (b).
18 “Vending machine”, any self-service device offered for public use which, upon insertion
19of a coin, coins, token, paper currency, or by any other means, dispenses servings of food or
20beverage, either in bulk or in package.
21 “Vendor”, a blind person licensed by the commission for the blind to operate a vending
22facility under the terms of the Randolph-Shepard Act, 20 U.S.C. chapter 6A, section 107; 29
23U.S.C. sections 701 et. seq.; and sections 129, 130, 131J and 133 through 133E, inclusive, of
24chapter 6 of the General Laws.
25 (b) All foods or beverages sold through vending machines located in government
26buildings or on property owned or managed by the commonwealth shall be limited to food and
27beverage items that comply with the nutritional standards established by the commissioner of
28public health. The commissioner shall promulgate regulations establishing evidence-based
29nutrition and food procurement standards that meet or exceed those set forth in "Food Service 3 of 5
30Guidelines for Federal Facilities.” issued by the federal general services administration, . These
31standards shall apply to any new contracts with the state (c) A non-RSA vendor may meet the
32requirements in subsection (b) by: (i) offering 20 per cent of the food or beverages in a vending
33machine that meet nutritional standards by one year after implementation; (ii) offering 40 per
34cent of the food or beverages required to meet nutritional standards by two years after
35implementation; (iii) offering 60 per cent of the food or beverages required to meet nutritional
36standards by three years after implementation; (iv) offering 75% per cent of the food or
37beverages or higher required to meet nutritional standards by four years after implementation and
38thereafter.
39 (4) A vendor licensed by the state licensing agency pursuant to sections 133A to 133F,
40inclusive, of chapter 6 may meet the requirements in subsection (b) by: (i) offering 10 per cent of
41the food or beverages in a vending machine that meet nutritional standards by one year after
42implementation; (ii) offering 30 per cent of the food or beverages required to meet nutritional
43standards by two years after implementation; (iii) offering 50 per cent of the food or beverages
44required to meet nutritional standards by three years after implementation; (iv) offering 60 per
45cent of the food or beverages required to meet nutritional standards by four years after
46implementation; and (v) 75% per cent of the food or beverages or higher required to meet
47nutritional standards by five years after implementation and thereafter. (d) Five years after
48enactment of this act and every 5 years thereafter, the department shall review, and if necessary,
49revise and update the nutritional standards set forth subsections (b) and (c) to reflect
50advancements in nutrition science, dietary data, and new product availability.
51 The commissioner shall periodically review such nutritional and procurement standards
52and amend the regulations to reflect advancements in nutrition science, dietary data, and new 4 of 5
53product availability. The commissioner shall also establish by regulation rules regarding
54requirements for display of nutritional information on or near vending machines located in
55government buildings or on property owned or managed by the commonwealth about products
56sold in such vending machines. The Commissioner shall also establish regulation regarding that
57food and beverage items that meet the nutrition standards should be placed so as to be
58prominently and easily visible, and in the prime selling positions; The commissioner shall also
59establish by regulation a schedule for compliance by vendors and non-RSA vendors with the
60nutritional standards established by the commissioner. (c) To assist in the implementation of the
61nutritional standards set forth in this section, the commissioner shall designate an appropriate
62position within the department to disseminate information and train staff on the nutritional
63standards to ensure compliance. The designated position shall monitor compliance and report to
64the commissioner every year on the status of implementation. The annual report shall include: an
65assessment of compliance with the nutritional standards; a description of any issues encountered
66in implementation of the nutritional standards; and recommendations for improvement of the
67nutritional standards and compliance. (d) The commissioner shall take the following actions: (1)
68notify current vendors and non-RSA vendors of the nutritional standards and the required
69schedule for compliance. (2) require future procurement or vending contracts to include a
70provision stipulating that all food and beverage items will meet the nutritional standards; and
71 (3) determine whether products sold through vending machines located in government
72buildings or on property owned or managed by the commonwealth meet the nutritional standards
73established by the commissioner.
74 (4) Any vendor or non-RSA vendor who is found to be in noncompliance shall be subject
75to termination of contract within any state facility or on state property; provided, however, that 5 of 5
76any such vendor or non-RSA vendor shall have 60 days to cure any such non-compliance before
77termination.
78 (i) Nothing in this section shall be construed to require a state agency, institute, property,
79administrator, or manager to place vending machines on government property.